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Agenda 03/13/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 13,2007 9:00 AM Jim Coletta, Chairman, District 5 Tom Henning, Vice- Chairman, District 3 Donna Fiala, Commissioner, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, 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. 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 9 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Dr. Craig Nelson, East Naples United Methodist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. February 8, 2007 - District 5 Town Hall Meeting C. February 13,2007 - BCC/Regular Meeting D. February 22, 2007 - BCC/Congressman Mack Roundtable Discussion 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. Presentation of the Advisory Committee Outstanding Member Award to William H. Poteet, Jr., Chairman, Conservation Collier Land Acquisition Advisory Committee. 4. PROCLAMATIONS A. Proclamation designating Florida Surveyors Week as March 13 through March 19, 2007. Florida Surveyors Week recognizes the many contributions and the continual dedication of surveyors to the citizens of Florida and the United States. To be accepted by Mr. David J. Hyatt, PSM, State Board of Directors, Florida Surveying and Mapping Society, District 5. 5. PRESENTATIONS A. Project 66045 . Immokalee Rd. Design/Build Contractor Presentation. 6. PUBLIC PETITIONS A. Public Petition request by Connie Stegall-Fullmer to discuss County Development Standards and Zoning Variance Procedures. B. Public Petition request by Ronald Bender to discuss side yard set back variance. C. Public Petition request by Ovidio Pozo to discuss fence to be built behind home. Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS Page 2 of 9 8. ADVERTISED PUBLIC HEARINGS A. This item was continued from the January 23,2007 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DOA- 2005-AR-8543: Airport Road Limited Partnership, represented by Karen Bishop, of PMS, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acres, is located along the west side of Airport-Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida (Companion to Petition PUDZ-A-AR-8550). B. This item was continued from the January 23, 2007 BCC meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2005-AR-8550: Airport Road Limited Partnership, represented by Karen Bishop, of PMS Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94-25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15,2010. The subject 148.99 acres, is located along the west side of Airport- Pulling Road (CR 31), parallel to and approximately 1,600 feet north of Pine Ridge Road (CR 896); and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition DRIDOA-2005-AR-8543). 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Haldeman Creek Maintenance Dredging Advisory Committee. B. Appointment of member to the County Government Productivity Committee. C. Appointment of member to the Golden Gate Beautification Advisory Committee. D. Appointment of members to the Collier County Airport Authority. E. Appointment of member to the Environmental Advisory Council. F. Appointment of members to the Health Planning Council of Southwest Florida, Inc. G. A resolution of the Board of County Commissioners to urge our Federal Government to take immediate action to overhaul our immigration laws and to protect our borders. (Commissioner Coyle) H. A resolution of the Board of County Commissioners of Collier County, Florida to urge the 2007 Florida Legislature to renew their commitment to traffic safety and do all they can to stop red light running. (BCC directive) I. A resolution of the Board of County Commissioners to request that the Clerk perform an audit of all funding in the Affordable Housing Program. (Companion Item to be heard with KPMG audit report and management responses related to the October 18, 2006 engagement letter between Collier County and KPMG.) This item to be heard immediately after Item 10E. (Commissioner Henning) Page 3 of 9 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11 :00 a.m. To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2007 in accordance with Ordinance No. 2001-55. (Mike Sheffield, Assistant to the County Manager) B. To seek Board approval of a Fiscal Year 2007 Budget Amendment in the amount of $625,000, increasing the loan amount from Collier County to the Southwest Florida Expressway Authority from $150,000 to $775,000. (Don Scott, Director, Transportation Planning and Bill Barton) 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 Davis Boulevard. (Capital Improvement Element No. 86, Project No. 60001). Estimated fiscal impact: $5,000,000. (Gene Calvert, Director, Transportation/Stormwater Management) D. Recommendation to endorse the design and construction schedule of the Lely Area Stormwater Improvement Project (LASIP) Phase 1A; Project No. 511011. (Norman Feder, Administrator, Transportation Services) E. This item to be heard at 1 :00 p.m. Recommendation that the BCC accept the KPMG audit report and management responses related to the October 18, 2006 engagement letter between Collier County and KPMG. F. Presentation to the Board of County Commissioners (BCC) by Mr. Greg Bello, a member of the Goodland Preservation Coalition (GPC), pertaining to the Coalitions recommended amendments to the Goodland Zoning Overlay (GZO) along with other associated community data.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) G. Recommendation to approve the Southwest Florida Consortium 2007 Legislative Priorities which will be presented by participating Commissioners in the six-county Consortium to their respective Legislative Delegation in meetings in Tallahassee on March 22, 2007. (Debbie Wight, Assistant to the County Manager) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners instruct staff to present a proposed Ordinance for the Boards consideration at a future date consolidating Ordinance No. 2005-55 (Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance), Ordinance No. 1997-35 (Collier County Code Enforcement Citation Ordinance), and Ordinance 2004-46 (Collier County Code Enforcement Special Master Ordinance), in order to simplify the Code Enforcement process, and establishing affirmative defenses to certain alleged code violations. B. Board Consideration of Amendment Provisions to Collier County Ordinance No. 79-8, as Amended, the Collier County Vessel Control Ordinance; by Amending Section Five, Speed Limit in Certain Areas, to Establish the Speed Zones in Naples Bay and to Direct Staff to Prepare a Waterway Permit Application. Page 4 of 9 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. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Wilma Britton and Gordon & Kay Schultz, and Lyjac Properties, LLC and the following Special Master action: FRVG, LLC. 2. Recommendation that the Board of County Commissioners determine compliance with the requirement for open space/natural habitat preserve area as it relates to Ordinance No. 97-36, the Cypress Wood Golf and Country Club Planned Unit Development Ordinance. 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 Fiddlers Creek Phase 2A, Unit Two. The roadway and drainage improvements will be privately maintained. 4. Recommendation to approve Commercial Excavation Permit No. 59.835 "Livingston Lakes Commercial Excavation, located in Section 30, Township 48 South, Range 26 East to allow for the removal of an additional 30,000 cubic yards of excavated material from the site. 5. Recommendation to approve the termination of the Cable Franchise Agreement between Strategic Technologies, Inc., and Collier County. B. TRANSPORTATION SERVICES 1. Recommendation to award Bid No. 07-4094 - Lely Stormwater Improvement Project Mitigation Area: Invasive Vegetation Removal to All Florida Tree and Landscaping, in an amount not to exceed $668,764. 2. Recommendation to approve the purchase of improved property (Parcel No. 130) which is required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal Impact: $563,500) 3. Recommendation to approve Change Order No.2 to Professional Service Agreement No. 03- 3553 in the amount of $995,500.00 with CH2MHILL, Inc., for the design of Collier Boulevard Road Improvements from Davis Boulevard to Golden Gate Main Canal, combining this project with FDOT Davis Boulevard Improvements and Post Design Services, Project No. 60001. Page 5 of 9 C. PUBLIC UTILITIES 1. Recommendation to approve a Resolution authorizing the submission of a State Revolving Fund low interest Construction Loan Application and authorizing the Loan Agreement with the Florida Department of Environmental Protection for Collier Countys South County Regional Water Treatment Plant (SCRWTP) 12 Million Gallons per Day (MGD) Reverse Osmosis (RO) Expansion, Project No. 700971. 2. Recommendation to approve a Resolution authorizing the submission of a State Revolving Fund low interest Construction Loan Application and authorizing the Loan Agreement with the Florida Department of Environmental Protection for Collier Countys South County Regional Water Treatment Plant (SCRWTP) 20 Million Gallons Per Day (MGD) Wellfield Expansion. Project No. 708921. 3. Recommendation to authorize a budget amendment in the amount of $459,250 and award Bid No. 06-3946R to D. N. Higgins, Inc. for the North County Regional Water Treatment Plant (NCRWTP) Water Chemistry Laboratory Ventilation Improvements in the amount of $683,000; Project 700952. 4. Recommendation to accept the South Florida Water Management District Big Cypress Basin Local Government Agreement No. 4600000654 in the amount of $900,000 as partial funding for the construction of the South County Regional Water Treatment Plant 20-MGD Wellfield Expansion, Project 70892, and approve the necessary budget amendment. D. PUBLIC SERVICES 1. Recommendation to rescind previous award to Weller Pools and award the installation of a 32" diameter Aquatube Slide at North Collier Regional Park to Varian Construction at a cost of $76,059. 2. Recommendation to adopt a Resolution to declare a public purpose and for the solicitation, receipt, and subsequent distribution of property donations to Collier County Domestic Animal Services. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve submittal of an award application for the General Knowledge Database Emergency Phone Bank Response System to the Mitretek Innovations Award in Homeland Security Program. 2. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. F. COUNTY MANAGER 1. Recommendation to approve the submittal of a Volunteer Fire Assistance grant application to the Florida Division of Forestry for the purchase of wild land firefighting equipment and approve the necessary budget amendments to recognize and appropriate revenue. 2. Recommendation to approve the submittal of a Volunteer Fire Assistance Matching (50/50) Grant offered by the Florida Division of Forestry, and approve the necessary budget amendments to recognize and appropriate revenue in the amount of $3350.50 3. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2006-07 Adopted Budget. 4. Recommendation that the Board of County Commissioners award Bid #07-4114 in the amount of $176,425.00 for Pelican Bay Streetscape Irrigation System Phase VI to Stahlman- England Irrigation, Inc. Page 6 of 9 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Collier County CRA Board to approve a CRA Resolution amending the Bayshore Gateway Triangle Site Improvement Grant Program to allow for new Shoreline Stabilization Improvement Grant and Sweat Equity Grant Programs for Fiscal Years 2008 and 2009; approve the Grant Application process; approve the form of the Grant Agreement letters; and declare the grants as serving a valid public purpose. 2. 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 properties; and approve any and all necessary budget amendments. Site address: Folio # 52700840000 H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Henning requests reimbursement for attending a function serving a valid public purpose; Commissioner Henning attended and spoke at the Marine Industry Member Meeting on February 20,2007. $25.00 to be paid from Commissioner Henning's travel fund. 2. Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attending the Third Annual Honor the Free Press Day on Wednesday, March 14, 2007, at The Hilton Naples; $25.00 to be paid from Commissioner Halas' travel budget. 3. Commissioner Henning requests Board approval for reimbursement payment for attending a function serving a valid public purpose. Commissioner attended the Veteran Services Department luncheon honoring volunteer drivers on March 7, 2007 at the Elks Lodge on Radio Road. $16.00 to be paid from Commissioner Henning's travel fund. 4. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Breakfast Roundtable Discussion at Moorings Park on March 5, 2007 and is requesting reimbursement in the amount of $10.97, to be paid from his travel budget. 5. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid for beverage at the 3rd Annual Marjory Stoneman Douglas Festival on February 20, 2007 which he spoke at and is requesting reimbursement in the amount of $5.00, to be paid from his travel budget. 6. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend and speak at the Right Angle Club at Quail Creek Luncheon on March 9, 2007 and is requesting reimbursement in the amount of $11.00, to be paid from his travel budget. 7. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Treviso Bay "Next Best Thing" celebration on March 2, 2007, at Treviso Bay; $10.00 to be paid from Commissioner Fiala's travel budget. 8. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marco Island Alumni Club Monthly Luncheon on Wednesday, February 28, 2007 at the Old Marco Inn; $22.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. Page 7 of 9 J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of February 17, 2007 through February 23, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of February 24, 2007 through March 02, 2007 and for submission into the official records of the board. 3. The Finance and Accounting Department requires authorization from the Board of County Commissioners to file an amended Internal Revenue Service 8038-G form for Commercial Paper Loan A-25-1. 4. The Finance and Accounting Department requires authorization from the Board of County Commissioners to file a Notice of Material Events pursuant to SEC Rule 15c2-12. K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners Approve an Agreed Order for Expert Fees in Connection with Parcels 136, 836 and 936 in the Lawsuit Styled Collier County v. David J. Frey, et aI., Case No. 03-2353-CA (Golden Gate Parkway, Project #60027) Fiscal Impact: $2,500.00. 2. Recommendation to approve the Offer of Judgment in the amount of $37,950 as to Parcel 134 in the lawsuit styled Collier County v. TreeSource, Inc., et aI., Case No. 02-5167-CA (Immokalee Road Project No. 60018). (Fiscal Impact $5,857.50) 3. Recommendation to approve an Offer of Judgment in the amount of $8,500.00 as to Parcel 803 in the lawsuit styled Collier County v. James M. Brown, et aI., Case No. 06-0525-CA (Santa Barbara Blvd. Project No. 62081). (Fiscal Impact if accepted: $3,066.91) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item has been continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVROW.2005-AR-7801, 12TH Street North disclaiming, renouncing and vacating the Countys and the Publics interest in a 60 foot wide right of way easement, known as 12th Street North (previously known by record plat as Second Avenue) as recorded in Plat Book 3, Page 12, of the Public Records of Collier County, Florida, and more specifically described in Exhibit A and to accept a drainage easement over the entire vacated area comprised of three separate and segmented drainage easements, as depicted and described in Exhibit B, Exhibit C and Exhibit D and a 20 foot wide access easement along the west 20 feet of the east 30 feet of the proposed vacation area, as depicted and described in Exhibit E. Page 8 of 9 B. This is the second hearing for this item as required by Subsection 10.03.05 E.4. of the LDC which requires two public hearings by the BCC for rezone applications submitted by the County. The first of the two required public hearings for this rezoning petition was held on February 27,2007. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2005-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-ACSC/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 Sections 12 and 13, Township 52 South, Range 29 East, Collier County, Florida. (Copeland) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 9 of 9 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING March 13. 2007 Add on Item 4B: Proclamation to recognize Collier County's Habitat for Humanity and their milestone achievement of building 1,000 homes in Collier County. To be accepted by Sam Durso, President and CEO, Habitat for Humanity of Collier County, and Mrs. Mary Ann Durso, Executive Director, Habitat for Humanity of Collier County. (Commissioner Coletta's request.) Continue Item 6A to March 27. 2007 BCC Meetina: Public Petition request by Connie Stegall-Fullmer to discuss County Development Standards and Zoning Variance Procedures. (Petitioner's request.) Add on Item 9J: Presentation by Dr. Leonard Ferenz, head of Ethics Department International College and Vice President of the Character Council of Collier County, regarding the Council's achievements over the past year and future goals for Collier County. (Commissioner Coyle's request.) Continue Item 16B2 to March 27, 2007 BCC Meetina: Recommendation to approve the purchase of improved property (Parcel No. 130) which is required for the construction of the Vanderbilt Beach Road Extension project, Project No. 60168. (Fiscal Impact: $563,500) (Staff's request.) Move Item 16B3 to 10H: Recommendation to approve Change Order No.2 to Professional Service Agreement No. 03-3553 in the amount of $995,500 with CH2MHiII, Inc., for the design of Collier Boulevard Road Improvements from Davis Boulevard to Golden Gate Main Canal, combining this project with FOOT Davis Boulevard Improvements and Post Design Services, Project No. 60001. (Staff's request.) Withdraw Item 16H2: Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attending the Third Annual Honor the Free Press Day on Wednesday, March 14, 2007, at The Hilton Naples; $25.00 to be paid from Commissioner Halas' travel budget. (Commissioner Halas' request.) Note: Item 16E2: Under Considerations, second paragraph, last sentence should read: "These reports cover period January 24, 2007 (rather than 2006) through February 20,2007." (Staff's request.) Time Certain Items Item 1 OA to be heard at 11 :00 a.m. To review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2007 in accordance with Ordinance No. 2001-55. Item 100 to be heard at 3:30 p.m. Recommendation to endorse the design and construction schedule of the Lely Area Stormwater Improvement Project (LASIP) Phase 1A; Project No. 511011. (Commissioner Fiala's request.) Item 10E to be heard at 10:30 a.m. instead of 1 :00 p.m. Recommendation that the BCC accept the KPMG audit report and management responses related to the October 18, 2006 engagement letter between Collier County and KPMG. Item 91 to be heard immediatelv followina companion Item 10E: A resolution of the Board of County Commissioners to request that the Clerk perform an audit of all funding in the Affordable Housing Program. Item 10B to be heard at 3:00 p.m. To seek Board approval of a Fiscal Year 2007 Budget Amendment in the amount of $625,000, increasing the loan amount from Collier County to the Southwest Florida Expressway Authority from $150,000 to $775,000. Agenda Item No. 3A 1 March 13, 2007 Page 1 of 5 - EXECUTIVE SUMMARY PRESENTATION OF THE ADVISORY COMMITTEE OUTSTANDING MEMBER AWARD TO BILL POTEET, CHAIRMAN, CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE OBJECTIVE: To recognize and reward an advisory committee member for their outstanding and dedicated service to Collier County. CONSIDERATIONS: On September 21,2004, the Board of County Commissioners adopted Resolution No. 2004-280 to recognize and reward outstanding Advisory Committee members for their significant contributions to the organization and/or community. The respective committees nominate the outstanding Advisory Committee members and the Awards Committee (same committee that currently selects the Employee of the Month) evaluates and selects volunteers from the nomination forms. Nomination form included in the backup. AWARD COMMITTEE RECOMMENDATION: Bill Poteet, Chairman, Conservation Collier Land Acquisition Advisory Committee FISCAL IMPACT: NONE ,,-.. GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners present the Outstanding Advisory Committee Volunteer Award to Bill Poteet for his work on the Conservation Collier Land Acquisition Advisory Committee.. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 13. 2007 ,-. Aaenda Item No. 3A 1 ~ March 13. 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 31\1 Meeting Date: Presentation of the Advisory Committee Outstanding Mernoer Avvard to William H Pcteet, Jr , Cl1Blrman Conservation Collier Land AcquIsition Advisory Committee 3/13/2007900.00 AM Prepared By Sue Filson Executive Manager to the Bee Date Board of County Commissioners Bee Office 2/26/2007 1 ;41 :32 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's OffICe 2/23/20072:03 PM Co~y County - ~ -- Agenda Item No. 3A 1 March 13, 2007 ,_F,:age 3 of 5 R ~f:;E ._ '- ADVISORY COMMITTEE OUTSTANDING MEMBER NOMINATION FORM " ..] -'1 .3 ~=:7 :A/~~.l r::E;3;;JLt!~C:E.s The objective of this program is to recognize significant contributions to the organization and/or community by members of the many advisory boards and committees formed to assist the Board of County Commissioners in carrying out their elected duties. All committee members who have completed at least one-year volunteer service on an advisory committee will be eligible for nomination. Please complete all sections of this form and forward the nomination form to Human Resources. A committee may nominate one of their members if they satisfy one or more of the criteria listed below. The specific reasons for the nomination should be documented on this form, under the specific criteria. Attach additional pages if necessary. Nominee's Name: Bill Poteet, Chairman Advisory Committee: Conservation Collier Land Acquisition Advisory Committee Date of Appointment: 1/03 Nominator's Name: Michael Delate Liaison: Alex Sulecki Liaison Phone: 213-2961 1) Does the member strictly follow the Ordinance creating the committee? Yes 2) Does the member have an excellent attendance record? Yes (records show 100% attendance for 2005 and 2006.) 3) Give specific examples of exemplary volunteer service. Mr. Poteet provides leadership as Chairman of the Committee as well as serving on the Outreach and Referendum subcommittees. His extra hours of research and preparation as Chairman provide an invaluable service to the rest of the committee. 4) Describe a uniquely innovative solution to a problem. Mr. Poteet has skillfully focused the committee to take a broad and long-term perspective to prospective land acquisitions. He has guided the committee to achieve the best possible geographical distribution of selected properties and has encouraged public involvement in the selection of properties. He was a dedicated and guiding participant in the Referendum Subcommittee, which helped craft the clear and unambiguous language for the 2006 ballot question that confirmed voter support for a lO-year tax-funded program, which resulted in 82% of voter approval. 5) Detail an implementation of a recommendation that resulted in cost savings or increased productivity. Mr. Poteet's smooth and orderly chairing of meetings has led to more efficient review of reports and discussion of matters of concern to the committee. In addition, Mr. Poteet's encouragement of public . ".. Agenda Item No. 3A 1 March 13, 2007 Page 4 of 5 participation during the mee~ings is exemplary and should be used as a guide for other county committees. H~t,rl D-L,.:ta 1M! JC'~ , inator's Signa 1/5/07 Date Oi..jo~v7 D0 /' /::7 Date The advisory committee voted outstanding member. to on date to nominate member name as Agenda Item No. 3A 1 rv1arch 13, 2007 Page 5 of 5 ADVISORY CO:MMITTEE OUTSTANDING MEMBER NOMINA nON FORM A TT ACHMENT Bill Poteet has served for the past four (4) years as a member of the Conservation Collier Land Acquir;ition Advisory Committee (CCLAAC), a committee fIrst appointed by the Board of County Commissioners in February 2003 for a 2 year term to assist in carrying out the directives of the Conservation Comer Program. Mr. Poteet was reappointed February 2005 and elected Chairman in August 2005. He currently serves in that position. His present term will expire in February 2008. He additionally contributes as a member of both the Outreach and Referendum (sunsetted in 2006) subcommittees. The Conservation Collier Ordinance (2002-63) is not very specific about locations to search for conservation lands, referring instead to very broad Target Protection Areas. However, it calls for "equitable geographic distribution" of acquired properties, a difficult task when only properties from willing sellers may be evaluated. In his duties as Chairman, Mr. Poteet runs a smooth meeting, is always prepared and coordinating closely with staff prior to the meeting to make sure all necessary items are on the agenda. Mr. Poteet has always followed all of the ordinance requirements however, he is particularly careful to see that acquired properties are equitably distributed in the best way possible. He also contributed signifIcantly to developing the recent referendum ballot language, which resulted in a 82% voter approval as confirmation of the desire of the public to continue the Conservation Collier Program for 10 full years, beyond a $75 million cap. Additionally, he has participated in developing many recommendations at the subcommittee level in regard to outreach activities, which have been subsequently adopted by the full committee. Mr. Poteet meets the attendance requirements, as he has only missed one committee meeting in the past 4 years. As nominator, fellow member of the CCLAAC, and past Vice Chair, Mike Delate had the following to say about Mr. Poteet's contributions, "Bill deserves this award. He is a very dedicated member and really makes sure the public voice is heard. It's a pleasure working with h. " 1m. Member Wayne Jenkins adds the following comments, 'Td like to thank Bill for ftlling the position of Outstanding Advisory Committee nominee, as this has been a blank spot in our meetings! That's a joke, but I really would like to thank Bill for stepping in and doing such a great job as Chairman!" Marco Espinar, the current CCLAAC Vice Chair, comments, "Bill demonstrates incredible leadership as Chairman." Mr. Delate's nomination as Advisory Committee Member of the Month was unanimously supported and recommended by the Conservation Collier Land Acquisition Advisory Committee by a vote during their regular meeting held on January 8, 2004. Staff strongly supports this nomination. ,.."",~,...~ /"'- ,..- 'i', ,-,',' .F :--,', Fl.ORIDA SClRVEYORSWEEK DONE AND ORDERED this J ~h day of March 2007 BOARD OF COUNTY COMMISSIONERS CO~OVN~Ft.ORI~: // )';' l. I '\ ./ ~)tt~~h DWIGH,E.BR ; Cl.ERK -- Aaenda Item No. 4A " March 13.2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 4A ProclamatIOn designating Florida Surveyors Week as March 13 through March 19, 2007 F londa Surveyors Week recognizes the many contributions and the continual dedication of surveyors tD the citizens of Flonaa and the United States To be accepted by Mr. David J Hyatt PSM, State Board of Directors, Flonda SUI.veYlng and Mapping Society, District 5 3/13/2007900:00 AM Item Number: Item Summary: Prepared By Lisa Resnick Executive Aide to the BCe Date Board of County Commissioners BGG OffIce 2/28120074:15:46 PM Approved By Sue Filson Executive Manager to the Bee Date Board of County Commissioners BGe Office 3/1/2007 9:31 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's OffIce 31112007 4:32 PM ~4B o{ \3 lory PROCLAMA T.IQN WHEReAS, Habitat for Hu. eliminate poverty WHEREAS, Habitat volunteers and COtJnty: and, ou. began its mission in 1978 to munlty: and, families hove built t, 000 homes in Collier WHEREAS, each of the 1,000 Habitat pt;lrlner families worke "sweat equity" hours to buHd homes and their than 500 (ghborhood: and, WHEReAS, each of the 1,000 Ha Habitat for Hum eir home at cost from mortgage: and, WHeReAS, .each of t Habitat to and, NOW THEREFORE, County, DONE ANC ORDERED THIS J 3th Coy of March, 2007. ATTEST: DWIGHT E. BROCK, CLERK <(r--N L[")O_ ,_" 0 0 N...- M(];I t:"'- OJ (];I J:: Cll ==uO- ... CllCll -g~ (];I OJ <( ~ o ~ z o ~ ~ -< .... Z -- ,~ ILl ~ s:: ~ o .... ~ o u ;"'"''"' t- = = M .. ~ 'l""l '5 looiI ~ ~ ~ .... ~ ~ a ~ ~ ..... ~ l;Il Q,I .. ~ "d .. ~ Q ~ = l- t- ~ It'l = i.; (I.) .Q ~ Z .... (j ~ .d a u ~ ,.:; = .. 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Q looiI ~ .... 5 - ... = u Item Number: Item Summary: Meeting Date: Agenda Item No. 5A March 13. 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 5A Project 66045 - Immokalee Rd Design/Build Contractor Presentation 3/1312007900.00 AM Michael Greene Date Prepared By Transportation Services Project Manager Transportation Engineering & Construction Management 2/23/20074:42:24 PM Michael Greene Date Approved By Transportation Services Project Manager Transportation Engineering & Construction Management 2/14/2007 1 :OB PM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services. Admin 2/2712007 11 :46 AM App roved By Norm E. Feder, Alep Transportation Services Transportation Division Administrator Date Transportation Services Admin. 2/27/2007 1 : 30 PM Najeh Ahmad Director Date Approved By Transportation Services Transportation Engineering & Construction Management 2/28/20077:47 AM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 2/2BI2007 9:47 AM Approved By OMS Coordinator County Manager's Office Administrative Assistant Dale Office of Management & Budget 2/2BI2007 1 :00 PM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 2/28/2007 5:31 PM Appruved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 3/1/20074:33 PM ,...--. Agenda Item No. 6A March 13, 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 23, 2007 Ms. Connie D. Stegall-Fullmer P.O. Box 691 Goodland, FL 34140 Re: Public Petition Request to Discuss County Development Standards and Zoning Variance Procedures Dear Ms. Fullmer: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 13, 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 ~. Agenda Item No. 6A March 13, 2007 Page 2 of 2 GOOD LAND PRESERV A TION COAL TION PO BOX 691 GOODLAND, FL. 34140 239642-4932 Fax: 239389-9173 goodlandfl@aol.com February 14,2007 Mr. Jim Mudd County Manager 3301 E. Tamiami Trail Naples FL 34112 Subject: Collier County Development Standards and Variance Procedures Dear Jim: I respectfully request to petition the Board of County Commissioners for presentation of issues regarding county development standards and zoning variance procedures in the public petition time on the BeC agenda for February 27,2007. I also respectfully request a time certain of 11 :30 or nearest time thereto. I look forward to your response. Respectfully yours, Connie D. Stegall-Fullmer President Goodland PreselVation Coaltion cc: GPC Board Agenda Item No. 66 March 13, 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 26, 2007 Mr. Ronald G. Bender 2660 66th Street Southwest Naples, FL 34105 Re: Public Petition Request to Discuss Side Yard Set Back Variance Dear Mr. Bender: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 13, 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. ~reIY, ~~~ County Manager JVM/j b cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator ~. 02/20/2007 06:41 2392625708 R BENDER AgendaFf~ N@168 March 13, 2007 Page 2 of 2 R,qJJeSt to 8J.Mtak U!'lW public Petition Please print Name: Ronald G. Bender Address: 2680 66" Street Southweat J N.p.... Florida 34101 Phone 238..262-5708 Pme of the Board Meeting you w~ tQ IRt8I5. first .vall.ble PI.... mcpIain In detaI ~ r888Or't YOU .. l'8auestinv to tpUIk (attadI additional oage if ~l; WeIIY. on 2 1/4 ~ in Gold", G.e. EMaItM and built. detltched ,......In 1888 me.ang tM ....i..... 15 foot ... yn eetINICk. ".. aode .. aubMquently otwIged IIftd the ... bIIck .. now 30 fMt. W. would Db to corMH't the..... III IIYIng tIpIICe to -=c:ornrnoc:I8t our BOn who .... Jut conIpI4MIId hie II1IIItIIfJ' ..,.". in .. UnIIIed ... AIr Force.. He would .. to live In ...... but due to tM ._ or......... ....... In CoI.... County end the fact"'M he ...... to beGoI'M . fell....... cohge etudent.. .............. tIud..... would be the bat eolutlon tD our hOUaIng problem. Please exalain in .. the action YOU are asking the COn flissi9n to take (attach additional oage if ~__ry); w. .... requ....na a varianoe of the aide yard Nt black In order to 11M our existing bUilding for the above..... pul'poM. Itrr: JII1 ~tI i) i) C;\PlCIgI....\E\JDCIRA~~ul*P.atIan ~ F<itm._ Agenda Item No. 6C March 13, 2007 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 · (239) 774-8383 · Fax (239) 774-4010 March 2, 2007 Mr. Ovidio Pozo 1737 Knights Way Naples, FL 34112 Re: Public Petition Request to Discuss Fence to be Built Behind Home Dear Mr. Pozo: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of March 13, 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, ~ C;;!m;:~ County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator -' ~-- .,.. 0.1..- , Agenda Item No. 6C March 13,2007 Page 2 of 2 Reauest to Speak under Public Petition Please print Name: POZ-D I O,//(J fD (To 1 i::::-N ! (Q'{itts N A lJl-~S{ R '{~4- 2l z S Address: Phone: Date of the Board Meetina YOU wish to speak: Q WAy "34 l 1 :2 '~-/3~ D7 Please explain in detail the reason yOU are reouestina to speak (attach additional paCle if necessary): lifE rC:NC ~ TH fr ] ITA VJ3" to 0r 10 VI t-- T f-dY n~f= (6 f7 {'yl:=- Dr JLfttf.B2ccfl tN:p- Tiff? f3A€f:- or M h' HDVSt? B1SW2J? S~PTEf'-n BJ:-Q r~ 'Zc06( ffmtJrT p -:etcr-r B 'fit l-1r5 -::r 7-( A v f= f6 j;;BY tL-i\( l f,0 ' 1(' iJT At'I r p e{ v~ (9 r-6Liiv e rJD~ Please explain in detail the action YOU are asking the Commission to take (attach additional paae if necessary): H:\Public Petition Request Form.doc Agenda Item No. SA March 13, 2007 Page 1 of 160 SUPPLEMENTAL EXECUTIVE SUMMARY DOA-2005-AR-8543: Airport Road Limited Partnership, represented by Karen Bishop, of PMS, Inc., and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the build out date from October 15, 2005 to October 15,2010. The subject 148.99 acres is located along the west side of Airport-Pulling Road (CR 31), parallel to and approximately 1,600 feet north of Pine Ridge Road (CR 896); and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida (Companion to Petition PUDZ-A-2005-AR-8550), PROJECT STATUS: The Board of County Commissioners (BCe) originally heard this petition on January 23, 2007. The Executive Summary that was prepared for that hearing has been included in the information provided for this hearing. During the January 23, 2007 hearing, the BCC voted to continue this petition to the March 13, 2007 Board meeting to allow the applicant's agent an opportunity to gather more information to address this project's traffic impacts. ,- SUPPLEMENTAL ANALYSIS: The petitioner's agent has not provided staff with additional information or a modified stance regarding the traffic issue at this time. The petitioner's agent has indicated that he is continuing to work with Transportation Planning Department staff; thus Zoning staff cannot provide any supplemental analysis at this time. The petitioner's agent has indicated that he will provide any additional infonnation during his presentation at the March 13, 2007 Board hearing, PREPARED BY: Kay Deselem, AlCP, Principal Planner Department of Zoning & Land Development Review ~- Pine Air Lakes, DOA-2005-AR-8543 Bee March 13, 2007 Page 1 of 1 Item Number: Item Summary: Meeting Date: Agenda Item No. 8A March 13. 2007 Page 2 of 160 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 8A This Item was continued from the January 23 2007 Bee meeting This item requires that all partiCipants be sworn In and ex parte disclosure be provided by Commission members. DOA- 2005.AR-8543: Airport Road Limited Pannersnip, represented by Karen Bishop. of PMS, Inc., and Richard Yovanovlch of Goodlette, Coleman and Johnson. requesting an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an Increase In the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250.000 square feet of office) to a maximum total of 1,075.000 square lee I (further limited to 1,000000 square feel of retail soace and 75,000 square feet 01 office use); extend Ihe buildou\ date Irom October 15,2005 to October IS. 2010 The subject 148.99 acres. IS located along the west side of Airport-Pulling Road. parallel to and approximately 1,600 feet north of Pine Ridge Road. and along bolh sides 01 Naples Boulevard. In Section 11, Township 49 South, Range 25 East, Collier County, Flonda (Comoanron to PetitIOn PUDZ-A."R-8550j 3/13/200790000 AM Principal Planner Date Prepared By Kay Deselem, AIC? Community Development & Environmental Services Zoning & Land Development Review 12/21/2000 7:14:13 AM Marlene Stewart Date Approved By Community Development & Environmental Services Executive Secretary Community Development & Environmental Services. Admin. 2/23/20073:43 PM Ray Bellows Chief Planner Date Approved By Community Development & Environmental Services Zoning & Land Development Review 2/26/20073:03 PM Susan Murray, AICP Zoning & Land Development Director Date Approved By Community Development & Environmental ServIces Zoning & Land Development ReVIew 2/27/200711 :07 AM Constance A. Johnson Date Approved By Community Development & EnVIronmental Services Operations Analyst Community Development & Environmental Services Admin. 2/28/20078:15 AM Donald L. Scott Transportation Plannmg Director Date Approved By Transportation Services Transportation Planning 2128/2007 9:05 AM Norm E. Feder. AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 3/112007 2 52 PM Date App roved By Marjorie M. StudentNStirhng Assistant County Attorney 3/1/20074:25 PM Approved By County Attorney County Attorney Office Josepl1 K. SChmitt Community Development & Emtlfonmentat Services Community Development & Environmental Services Admmstrator Date Community Development & Environmental Services Admin. 3/2/200710:10 AM Administrative Assistant Date Approved By OM B Coordinator County Manager's Office Office of Management & Budget 3/2/20074:08 PM Budget Analyst Date Approved By Mark Isackson County Manager's Office Office of Management & Budget 3/2/20074:42 PM James V. Mudd County Manager Date Approved By Aqenda II em No, SA , March 13, 2007 Page 3 of 160 Board of County Commissioners County Manager's Office 3/5/2007 1D:55 AM Agenda Item No. 8A March 13, 2007 Page 4 of 160 EXECUTIVE SUMMARY DOA-2005-AR-8543 Airport Road Limited Partnership, represented by Karen Bishop, of PMS, Inc., and Richard Y ovanovich, of Goodlette, Coleman and Johnson, requesting an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15,2005 to October 15,2010. The subject 148.99 acres is located along the west side of Airport-Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida (Companion to Petition PUDZ-A-2005-AR-8550). OBJECTIVE: That the Board of County Commissioners review the request to amend the Pine Air Lakes Development of Regional Impact (DRI) Development Order (DO) as noted above and to ensure that the community's interest is maintained. CONSIDERA TIONS: The petitioner seeks an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); and extend the buildout date from October 15,2005 to October 15,2010. 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 as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Executive Summary for Pine Air Lakes, DOA-2005-AR-8543 January 23, 2007 Bee hearing Page 1 of 4 Agenda Item No. SA March 13,2007 Page 5 of 160 Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. ENVIRONMENTAL IMPACT: The Environmental Review Staff has recommended approval since the petition will not cause any impacts to any wetland preserve area. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: Since this petition did not have environmental impacts it was not required to go to the Environmental Advisory Council. STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the Notice of Proposed Change (NOPC) deal with those same questions as applicable. Those responses are reviewed by County, the Southwest Florida Regional Planning Council (RPC) and Department of Community Affairs (DCA) staff, who make a determination that the proposed changes adequately address additional regional impacts or regional impacts not previously reviewed. Staff believes this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO language proposed by the RPC and County staff is adopted. TRANSPORT A TION ISSUES: Transportation Planning Department staff has reviewed the petition. The project access points are from Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15 percent reduction in trips since the completion of Livingston Road. Pine Ridge Road was evaluated with the conservative assumption of a 10 percent reduction in trips anticipated with the completion of the Golden Gate interchange. Transportation Planning Department staff has evaluated the operational impacts that may be associated with the existing and proposed change. We recommend that the following mitigation strategies are incorporated if the project is approved; I) the project interconnects with the industrial park to the north. 2) An additional eastbound to northbound left turn lane is added on Naples Boulevard at Airport Road. 3) The existing dual northbound to westbound dual left turn lanes on Airport Road are maximized. 4) Four permanent count stations are installed. 5) Two additional intersections on Airport Road are fitted with the SCOOT system. 6) A signal warrant study is conducted on Naples Boulevard at the intersection located opposite the movie theater and the proposed interconnection road. Upon meeting warrants, a signal should be installed. SOUTH\VEST FLORIDA REGIONAL PLANNING COUNCIL (RPC): The proposed change was determined to be a substantial change to the DRI DO based upon the criteria found in Florida Statutes (FS) 380.06( 19) because the addition of 293,000 square feet was determined to trigger the thresholds found in the FS to require additional review. The analysis required focused on Executive Summary for Pine Air Lakes, DOA-2005-AR-8543 January 23, 2007 BCC hearing Page 2 of 4 Agenda Item No. SA March 13, 2007 Page 6 of 160 regional issues of transportation and affordable housing. These two issues are addressed in the Draft DRI DO document prepared for this petition. The RPC addressed this Notice of Proposed Change (NOPC) to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on November 16, 2006. The NOPC and the staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations prepared by its staff. The RPC assessment is attached to the application. DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA has not offered any objection to the proposed amendment. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPe) heard the petition on December 21, 2006. Commissioner Adelstein made a motion to approve the petition with staff s recommendation and the stipulations added by Commissioner Strain. Commissioner Tuff seconded the motion. The CCPC voted 4 to 4 on the motion thus there is no recommendation from the CCPC to the Board. Those commissioners who voted against the motion indicated that they had concerns about the project's intensification, perceived additional traffic congestion, and the loss of perceived necessary office space. Those commissioners voting in support of the motion took the opposite stance, noting that the traffic situation would be improved and office uses were not more desirable at this location. Commissioner Strain's stipulations are as follows: The remainder of the project's development shall be phased. The first phase shall contain a maximum of 805,000 square feet of floor area. No certificates of occupancy shall be issued for any remaining square footage until the following roadway improvements are fully operational (The PUD document and the DR! development order set forth the exact requirement language): The developer shall extend the north bound left turn lane from Airport Road into Naples Boulevard stacking lane in compliance with the requirements set forth by the Transportation Division and said improvements shall be completed and operational within one year of this PUD Amendment and Development Order amendment approval. The developer shall construct the additional east bound lane on Naples Blvd. heading north onto Airport Road within two years of this PUD Amendment and Development Order amendment approval. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCe) must be based. The legal considerations are based upon the following criteria: · Chapter 380.06(19)(c) Florida Statutes (F.S). Executive Summary for Pine Air Lakes, DOA-2005-AR-8543 January 23, 2007 Bee hearing Page 3 of 4 Agenda Item No. SA March 13, 2007 Page 7 of 160 · LDC Section 10.02.13.E.1.j. which states, "Statutory Requirements. All statutory requirements as set forth in Subsections 380.06 (9) through (12), 380.06 (19) and 380.06 (26), Florida Statutes, as may be amended, together with the implementing regulations applicable to DRIs set forth in the Florida Administrative Code shall apply." RECOMMENDATION: That the Board approve Petition DOA-2005-AR-8543 as otherwise described by the amending DRI Development Order resolution included with this Executive Summary. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Executive Summary for Pine Air Lakes, DOA-2005-AR-8543 January 23, 2007 Bee hearing Page 4 of 4 Agenda Item No. SA March 13, 2007 Page S of 160 Co~T County - '-~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES HEARING DATE: DECEMBER 12, 2006 SUBJECT: PETITION NO: DOA-2005-AR-8543 FOR PINE AIR LAKES DEVELOP-MENT OF REGIONAL IMP ACT (DRI) [COMPANION TO PUDZ-A-2005-AR-8550] APPLICANT: Mr. Jason Wagner, Vice President Airport Road Limited Partnership 800 Seagate Drive, Suite 302 Naples, FI 34103 AGENTS: Ms. Karen Bishop PMS of Naples, Inc. 2335 Tamiami Trail N, # 408 Naples, FL 34103 REQUESTED ACTION: Mr. Richard D. Y ovanovich, Esquire Goodlette, Coleman, & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner seeks an amendment to the Pine Air Lakes Development of Regional Impact (DRI) Development Order to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); and extend the buildout date from October 15, 2005 to October 15, 2010. GEOGRAPHIC LOCATION: The subject 148.99 acres, is located along the west side of Airport-Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. Pine Air Lakes DRI, DOA-2005-AR-8543 December 12, 2006 CCPC Page 1 of 3 Agenda Item No. SA March 13, 2007 Page 9 of 160 PURPOSE/DESCRIPTION OF PROJECT: The Board of County Commissioners (BCe) approved Development Order 85-5, which approved the DRI known as Pine Air Lakes on November 12, 1985 for 1,280,600 square feet of commercial floor area which included 707,000 square feet of retail regional mall, 368,600 square feet of office, 350 hotel rooms and 322 rooms of institutional use. The Southwest Regional Planning Council (RPC) appealed that Development Order and the appeal was settled by the BCC adopting Resolution 86-63 on April 15, 1986. A revision to the DRI was approved in May of 1994 pursuant to Ordinance 94-25 changing the square footage from 1,280,600 to 957,000 square feet of floor area comprising 707,000 square feet of retail uses and 250,000 square feet of office uses. The 1994 Notice of a Proposed Change (NOPC) also extended the build-out date from October 15, 2000 to October 14, 2005. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC): The proposed change was determined to be a substantial change to the DRI DO based upon the criteria found in Florida Statutes (FS) 380.06(19) because the addition of 293,000 square feet was determined to trigger the thresholds found in the FS to require additional review. The analysis required focused on regional issues of transportation and affordable housing. These two issues are addressed in the Draft DRI DO document prepared for this petition. The RPC addressed NOPC this to a previously approved Development of Regional Impact pursuant to Subsection 380.06(19) Florida Statutes on November 16,2006. The NOPC and the staff assessment for the NOPC were adopted by the RPC without changes. The RPC adopted the recommendations prepared by its staff. The RPC assessment is attached to the application. DEPARTMENT OF COMMUNITY AFFAIRS (DCA): DCA has not offered any objection to the proposed amendment. STAFF REVIEW: Development authorizations contained in DRI Development Orders are prerequisite to zoning actions that implement DRI land use authorizations. DRI Development Orders are structured first and foremost to contain regulations that respond to relationships dictated by State Administrative rules. Specifically, those relationships and questions that an applicant is required to analyze and report on as part of their Application for Development Approval (ADA). Amendments as described by the Notice of Proposed Change (NOPC) deal with those same questions as applicable. Those responses are reviewed by County, the RPC and DCA staff, who make a determination that the proposed changes adequately address additional regional impacts or regional impacts not previously reviewed. Staff believes this amendment will not adversely impact adjacent property owners or create an undue public safety concern if the DRI DO language proposed by the RPC and County staff is adopted. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition DOA-2005-AR-8543 to the Board of County Commissioners as described by the amending DRI Development Order resolution. Pine Air Lakes DRI, DOA-200S-AR-8543 December 12, 2006 CCPC Page 2 of 3 Agenda Item No, 8A March 13, 2007 Page 10 of 160 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN M. ISTENES, AICP, DIRECTOR DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 23, 2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Pine Air Lakes DRI, DOA-2005-AR-8543 December 12, 2006 CCPC Page 3 of 3 <(i'-O COOc.D .0..- 0"'1__ Z .0 C") E~~ QJ..c QJ ==t:Q) CIlroro E2Q.. QJ 0> <( i i I 0( nvos QL .IIJN / ____ _ __ u CA:NNnI"'IOB YWIRiYB V.1M'8 I!! I!! I!! I!! J~ ~~ g. I~ ~ Ii.. ~R ~" ~i~ d~ ~~ !:';~I- ~i~ !~ i ~ ~!; ~ 1.L-i3J.Vl.IIlf:l.1NI J.l~aJ.V.llRS.lNl I~ Ii .. ~ I ~ """" NClaOlNW1 ~i ~ i- ~! HtTnl "Wtl.L I'NI"N~ 0.. <( ~ Z 0 11 !i - ~ l- e::( I () 0 ![ ~! i -l i I! I I i & a.. <( ~ ~ ~C!) ~Z Z o N o (')11') "<tll') 11')00 00, ,c::: 0::< <, ,II') 11')0 00 ON N , < 0;:) OlL :U::U: Z o l- I- W lL Agenda Item No. 8A March 13, 2007 Page 12 of 160 SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S STAFF FINDINGS AND RECOMMENDATIONS REGIONAL IT IS THE RECOMMENDATION OF THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL THAT THE APPLICA TION FOR DEVELOPMENT APPROVAL SUBMITTED OCTOBER 6, 2005, FIRST SUFFICIENCY RESPONSES DATED JANUARY 31,2006 AND SECOND SUFFICIENCY RESPONSES SUBMITTED JULY 20,2006, IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. AFFORDABLE HOUSING (Refer to Appendix I-A) Based on the supply analysis provided by the housing consultant for the applicantthere is adequate supply offor sale and for-rent affordable housing needs in all phases of the DRI. That analysis based on the 20-minute radius around the project determined the total number of vacant for rent units is approximately 2,033. The analysis assumes 2,024 vacant for-rent units for the range of price point for the DRI. The supply analysis for For-Sale Housing projection during the 3-year future phase of the DRI an affordable supply of 351 very low income housing units, 1,424 low income housing units and 5,529 moderate income housing units within and 10-mile120 minute market. Annually, the analysis expected there to be 241 very low income housing units, 605 low income housing nnits and 2,020 moderate income housing units within and 10-mile/20 minute market. Staff believes the analysis is incorrect because the University of Florida Shim berg housing study assumed a deficit in affordable housing for Collier County and as such there is no supply. Based on staffs insistence that there is no supply of affordable housing the applicant worked with county housing staffto develop a development order condition that requires a $78,000 contribution to the affordable housing trust fund in Collier County. If the $78,000 currently proposed is accepted staff believes that based on a review of similar developments in the regional this contribution is low. Furthermore, RPC staff and DCA have always required a cumulative analysis of the entire development's impact originally approved including existing development be analysis for whether additional regional impact mitigation is necessary within a substantial deviation application. This requirement is in the DRI law in Chapter 380.06(19)(b) Florida Statutes (F.S.) and Chapter 380.06(15)(g)1.F.S. Therefore, staff recommends the following conditions. RECOMMENDA TIONS 1 Agenda Item No. 8A March 13. 2007 Page 13 of 160 Any DRI Development Order issued by Collier County shall contain the following provision: a. To satisfy the project's affordable housing impacts cumulatively the applicant's mitigation for commercial and office shall be $206,424. The money shall be paid to Collier County Affordable Housing Trust Fund at issuance of building permit. If more than one building permit is involved, then the money shall be prorated on a .50 cent square footage basis and a portion collected at each building permit. 2. TRANSPORTATION (Refer to Appendix I-B) The ADA SD analyzed the cumulativc project impacts on transportation which from the original development is a total of205,600 square feet less development. Many ofthe original road segments impacted by the project have been improved and as such did not have adverse impact of those segments. The development order changes to transportation are acceptable to staff. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: Traffic generated by Pine Air Lakes, when combined with other growth in the Area, will necessitate substantial roadway improvements, ifIevel-of-service "D" peak hour- peak season conditions are to be maintained. Conditions: a. The developer shall provide has provided a fair share contribution toward the capital cost of traffic signals at each of the project accesses on Pine Ridge Road and Airport Road when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by Collier County. b. The developer shall provide arterial level street lighting at each of the project accesses on Pine Ridge Road and Airport Road. This shall be waived in prior roadway improvements by the County include a street lighting system. c. The applicant shall be required to pay the full cost for any site-related intersection improvements (including but not limited to turn lanes and additional side street or driveway through lanes) found to be necessary by Collier County for the project's access intersections onto Airport Road (CR 3]) and Pine Ridge Road. 2 Agenda Item No. 8A March 13, 2007 Page 14 of 160 d. The following regional roadways and intersections are projected to be significantly impacted (5% of LOS D - peak hour, peak season) prior to project buildout. Significantly Impacted Roadways are: 1. Airport Road . Immokalee Road to Vanderbilt Beach Road . Vanderbilt Beach Road to Edgewood Drive . Edgewood Drive to Pine Ridge Road . Pine Ridge Road to Gold Gate Parkway . Golden Gate Parkway to Radio Road . Golden Gate Parkwav to Vanderbilt Beach Road . South of Pine Rid!!e Road . Pine Rid!!e Road to Vanderbilt Beach Road 2. Pine Ridge Road . U.S. 4] to Goodlette-Frank Road . Goodlette-Frank Road to Edgewood Drive Naples Boulevard . Edgewood Drive Naples Boulevard to Airport-Pulling Road . Airport-Pulling Road to 1-75 . Airport Pullin!! Road to Livin!!ston Road . Goodlette Frank Road to 1-75 3. Immokalee Road . Airport-Pulling Road to ]-75 4. Vanderbilt Beach Road . Airport-Pulling Road to Livingston Road . Livingston Road to Oaks Boulevard . Oaks Boulevard to Logan Boulevard Significantly Impacted Intersections are: 5. U.S. 411Pine Ridge Road 6. Airport-Pulling RoadlRadio Road 7. Airport-Pulling Road/Golden Gate Parkway 8. Airport-Pulling RoadlPine Ridge Road 9. Airport-Pulling Road! Edgewood Drive Naples Boulevard 10. Airport-Pulling RoadlVanderbilt Beach Road ]1. Airport-Pulling RoadlImmokalee Road 12. Pine Ridge Road/Goodlette-Frank 13. Pine Ridge Road/Edgewood Drive Naples Boulevard ]4. Naples Boulevard at Costco Access ]5. Naples Boulevard at Re!!al Cinema Access ]6. Naples Boulevard at Lowe's Eastern Access e. The applicant shall mitigate its impact on the regional and local roadway and intersections identified herein as follows: 3 Agenda Item No. 8A March 13, 2007 Page 15 of 160 i) The Applicant shall make the improvements specified in 6(a), (b), and (c) hereof. ii) The Applicant shall be subject to all lawfully adopted transportation impact fees. iii)The Applicant has constructed shall be responsible for the construction of Edgewood Drive Naples Boulevard from its terminus on the southern property boundary to and including the intersection improvements needed at its juncture with Airport Road. This roadway is expected to provide an alternative to and relieve some traffic pressure on the Pine Ridge-Airport Road intersection. iv)Applicant shall be required to make the following improvement to Airport Road: a) When requested by Collier County Transportation Department, Applicant has contributed shall contribute the necessary funds (approximately $80,000) for designing six-lane improvements from the currently designed terminus at Cougar Drive to the northern access point of Pine Air Lakes on Airport Road. b) At the time of issuance of the first building permit for vertical construction in Pine Air Lakes, the Applicant has contributed shall be responsible for contributing (by escrowing with the County) the necessary funds to six-lane Airport Road from its currently scheduled terminus at Cougar Drive north to the northern access point of Pine Air Lakes on Airport Road. The actual amount of the contribution shall be the full amount necessary to accomplish the six-lane improvements as determined by actual bid price. In the event that amount has not been determined at that point in time, the amount to be escrowed shall be as estimated by the County Transportation Department to accomplish said six-lane improvements with at least one left turn at Edgewood Drive Naples Boulevard. c) At the time the County Transportation Department deems a second left turn lane is warranted on Airport Road at the Edgewood Drive Naples Boulevard intersection, Applicant shall has contributed it's proportionate share of the costs incurred to install said second left turn lane at its expense and contribute the funds necessary for any improvements to Airport Road or the adjoining canal to accommodate the second left turn lane. 4 r Agenda Item No. 8A March 13, 2007 Page 16 of 160 d) Said contributions set forth in (a) and (b) above shall be have been credited to the Applicant, his successor or assignees, as a road impact fee credit. The amount of the credit shall be the contribution amount less any costs required for the design or construction of site-related improvements. For the purpose ofthis stipulation, site-related improvements shall be deemed to be any north bound or south bound turn lanes deemed required at each access point to Pine Air Lakes, signalization costs for the intersection of Edgewood Drive Naples Boulevard and Airport- Pulling Road, and any canal improvements associated with the Pine Air Lakes project. Collier County shall agree to use said contribution for the sole purpose of the above described six-lane improvements. v) The Applicant shall be subject to the Concurrency Management System of the County as set forth herein f. The regional roadway segments and all intersections with one exception on which this project has significant impacts are wholly within the jurisdiction of Collier County. The sole exception is the intersection of U.S. 41 and Pine Ridge Road. The County has made the decision to plan for and manage the impacts of this DRI through its duly adopted comprehensive plan. The County has considered the regional roadway segments and regional roadway intersections set forth in 6.d. hereof, including the U.S. 41-Pine Ridge Road intersection, and has determined to require the project to be subject to and to comply with the Concurrency Management System (CMS) of Collier County as adopted in its Growth Management Plan and implemented by the Adequate Facilities Ordinance (APF) Ordinance No. 93-82, a copy of which is attached hereto as Exhibit "F". After due consideration of the alternatives, the County has determined that to require compliance with concurrency as mandated by the CMS, in addition to the other mitigation required in 6.e. hereof, is the appropriate way to accommodate the impacts ofthis project and to assure that transportation facilities are provided concurrently with the transportation impacts of this project. g. The Adequate Public Facilities Ordinance (APF) requires the Growth Management Director to complete an Annual Update and Inventory Report (AUIR) by August ] of each year on roads and public transportation facilities based on the adopted level of service. The applicant shall provide within fifteen (15) days of publication each year a copy of said AUIR on the regional facilities set forth in 6.d. to the Southwest Florida Regional Planning Council and the Florida Department of Community Affairs (DCA). 5 Agenda Item No. SA March 13, 2007 Page 17 of 160 h. The Board of County Commissioners is required by the APF to establish Areas of Significant Influence (ASI) around any road segment or intersection which is operation at an unacceptable level of service (LOS) or is projected to operate at an unaccepted LOS and is not scheduled for improvement in the Capital Improvement Element (CIE) of the Comprehensive Plan in a manner and time which would provide facilities concurrent with the impacts of development pursuant to the APF. Projects within the boundaries of an ASI are, with few exceptions not relevant herein, prohibited from obtaining further Certificates of Public Facility Adequacy that would allow impacts to exceed the remaining capacity, if any, of these road segments impacts to the deficient or potentially deficient facility. The applicant shall notify SWFRPC and DCA within five (5) working days after receipt of notice of a public hearing to determine the boundaries of any ASI on any facilities listed in Section 6.d. hereof. i. If any of the road segments identified in this paragraph become deficient, The County shall establish an Area of Significant Influence around such segment pursuant to criteria set forth in the APF. j. In addition to the provisions ofthe Collier County APF Ordinance: i) The Pine Air Lakes Development of Regional Impact is subject to the specific requirements of the Adequate Public Facilities Ordinance No. 93-82 as that Ordinance existed on May ]0, ]994. Any amendment to the transportation portions of the Ordinance by Collier County shall not be effective or applied to the DRI unless and until this Development Order is amended to incorporate and render applicable such changes or amendments to the APF Ordinance. ii) In the event that Collier County designates an ASI around a deficient road segment that is predicted to be substantially impacted by Pine Air Lakes, and the ASI does not include this DRI, then the applicant shall be required to file a Notice of Change of this Development Order with Collier County, the Southwest Florida Regional Planning Council, and the Department of Community Affairs, pursuant to Section 380.06(]9), Florida Statues. iii)The applicant shall file a Notice of Change within sixty (60) days from the date the County creates an ASI for such a deficient road segment that excludes the DRI. The applicant shall file with the Notice of Change, a current traffic analysis and other information attempting to establish that the DRI is not having a substantial impact upon the pertinent road segment, or other justification for the County's exclusion of the DR] from the AS]. If an ASI is established for any 6 Agenda Item No. SA March 13, 2007 Page 18 of 160 deficient road segment listed in Paragraph S.d. of this Development Order that does not include the Pine Air Lakes DRI, the DRI shall not apply for or be issued any further Certificates of Public Facility Adequacy until: (1) the Notice of Change decision is made by Collier County, if neither DCA nor SWFRPC participates in the public hearing on this Notice of Change pursuant to Subsection 380.06 (19) (f), Florida Statues and the change is adopted by Collier County, as proposed; or (2) until any appeal of such decision to the Florida Land and Water Adjudicatory Commission is resolved. iv)For purposes ofthis Development Order, the DRI shall be deemed to have a substantial impact upon a deficient road segment if its traffic impacts exceed five percent (5%) of the level of service "D" peak hour- peak season capacity of the roadway. v) The County shall provide the requisite public notice and hold a public hearing on the Notice of Change as expeditiously as possible. Following a public hearing, Collier County shall amend the DRI Development Order to record its determination whether or not the DRI is having a substantial impact upon the deficient road segment or otherwise should not be included within as ASI for the deficient road segment. In making this determination, the County shall include the impacts resulting from all development to occur pursuant to the Certificates of Public Facility Adequacy previously issued to the DRI. The amendment to this Development Order is appealable pursuant to Subsection 380.06 (19) and Section 380.07, Florida Statutes. vi) If neither DCA nor SWFRPC participate in the public hearing on the Notice of Change pursuant to Subsection 380.06 (19) (f), Florida Statutes and the change is adopted by Collier County as proposed, the DRI may be issued Certificates of Public Facility Adequacy following the County's Development Order decision. If either DCA or SWFRPC participates in the public hearing, the applicant shall not apply for or be issued Certificates of Public Facility Adequacy until the deadline for any appeal of the Collier County decision has expired pursuant to Section 380.07, Florida Statutes and no appeal has been filed. k. Collier County and the applicant may consider other options to provide adequate commitments for needed improvements to transportation facilities set forth in 6.d. hereof provided that said options meet the following criteria: i) The transportation impacts to the roads and intersections outlined herein shall be addressed consistent with SWFRPC policies and said options or mitigative measures shall be adopted in accordance with 7 Agenda Item No. 8A March 13, 2007 Page 19 of 160 Sections 163.3220-]63.3243, Florida Statutes, which authorize local government development agreements or as authorized by Rule 9J- 2.0255, Transportation Policy Rule. ii) Any such option would be implemented only after a Notice of Change procedure as outlined above. I. Except for the three access points provided on Airport Road. all All access to individual parcels shall be internal. m. Exception to the Subdivision Regulations requiring sidewalks on both sides of the street shall not be waived and additional crosswalks may be required and approved by the County Engineer during the site plan review process to join sidewalks at places other than at intersections. n. Development shall be limited to parcels immediately adjacent to Airport Road until easements for Edgewood Drive are obtained and dedicated to the County; Edgewood Drive is constructed; and the water system is looped in accordance with the Utilities Division's regulations and requirements. n. The Pine Air Lakes project shall have the ri!!ht to convert office space into retail space or retail space into office space. with the conversion rate between the different uses to be as set forth below (the conversion rate has been determined bv an eQuivalent trip !!eneration analvsis). UP to 50.000 SQuare feet of office area can be converted into retail area at the rate of ] 00 SQuare feet of additional retail area for everv 420 SQuare feet of office area converted. Additionallv. UP to 50.000 SQuare feet of retail area can be converted into office area at the rate of] 00 SQuare feet of additional office area for everv 24 SQuare feet of retail area converted. The maximum SQuare foota!!e allowed is 1.075.000. 3. Solid Waste/Hazardous Materials (ReQuirement of the Preapplication Ouestionnaire Checklist) At the preapplication meeting the applicant agreed to commit to the standard conditions required for this issue. RECOMMENDA T10NS Any DRI Development Order issued by Collier County shall contain the following provisions: a. The applicant will provide the projected solid waste quantities for all residential, commercial, industrial, and institutional developments. 8 Agenda Item No. 8A March 13, 2007 Page 20 of 160 b. The applicant will provide official letters of commitments from the local government jurisdiction, and the applicable franchise haulers showing ability to serve the project=s solid waste and hazardous waste needs. c. The applicant will incorporate the solid waste demands of the project into the county solid waste management program and explore possibilities of extending the life of the landfill by reducing the solid waste volume by incorporating practices such as conservation, recycling, trash compaction, and mechanical shredding. d. Any business found within the development boundary that generates hazardous waste will be responsible for the temporary storage, siting and proper disposal of the hazardous waste generated by such business. However, there will be no siting of hazardous waste storage facilities contrary to the county zoning regulations. e. The project will be bound by all applicable recycling requirements in effect in the County at the time of the development. f. Any Buildings where hazardous material/waste is to be used, displayed, handled, generated or stored will be constructed with impervious floors with adequate floor drains leading to separate impervious holding facilities that are adequate to contain and safely facilitate cleanups of any spill, leakage, or contaminated water. g. Discharge of hazardous waste effluent into the sewage system will be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. 4. GENERAL CONSIDERATIONS In the "Pine Air Lakes Substantial Deviation ADA," numerous commitments were made by the applicant to mitigate project impacts. Many, but not all of these commitments are listed in this staff assessment. Additionally, the ADA provided a phasing schedule that provided the timing basis for this review. If the applicant significantly alters this phasing schedule, then many of the basic assumptions of this approval could be substantially changed, potentially raising additional regional issues and/or impacts. RECOMMENDATIONS Any DRI Development Order issued by Collier County shall contain the following provisions: a. All commitments and impact mitigating actions provided by the applicant within the Application for Development Approval (and supplementary 9 Agenda Item No. 8.'1 March 13. 2007 Page 21 of 160 documents) that are not in conflict with specific conditions for project approval outlined above or in the current Pine Air Lakes DO as amended are officially adopted as conditions for approval. b. The developer shall submit a biannual report on the development of regional impact to Collier County, the Southwest Florida Regional Planning Council, the Department of Community Affairs and all affected permit agencies as required in Subsection 380.06(]8), Florida Statutes. c. The development-phasing schedule presented within the ADA and as adjusted to date of development order approval shall be incorporated as a condition of approval. If development order conditions and applicant commitments incorporated within the development order, ADA or sufficiency round responses to mitigate regional impacts are not carried out as indicated to the extent or in accord with the timing schedules specified within the development order and this phasing schedule, then this shall be presumed to be a substantial deviation for the affected regional issue. d. If the local governments, during the course of monitoring the development, can demonstrate that substantial changes in the conditions underlying the approval ofthe development order has occurred or that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts, then a substantial deviation shall be deemed to have occurred. The monitoring checklist contained in Appendix III shall be used as a guide by the local government in determining addition substantial regional impacts. e. Pursuant to Chapter 380.06(] 6), the applicant may be subject to credit for contributions, construction, expansion, or acquisition of public facilities, if the developer is also subject by local ordinances to impact fees or exactions to meet the same needs. The local government and the developer may enter into a capital contribution front-ending agreement to reimburse the developer for voluntary contributions in excess of the fair share. f. The local development order shall state the land uses approved in gross square feet, acreages and parking (if applicable) consistent with the statewide guidelines and standards in Chapter 380.065] Florida Statutes. iO Agenda Item No. 8A March 13. 2007 Page 22 of 160 APPENDICES ANALYSIS OF REGIONAL ISSUES The Council staffs assessment of the "Pine Air Lakes Substantial Deviation DRI" identified four issues of regional concern: affordable housing, transportation and consistency with the local comprehensive plan and regional policy plan. The SWFRPC staff reports for these issues are attached as Appendix I. Before formulating the recommendations in the previous section, the SWFRPC staff analyzed the entire local and regional issues discussed in the Pine Air Lakes application for development approval and existing Pine Air Lakes development order. As a part of each analysis, the staff determined the project's impacts, any necessary remedial action and the applicant's commitments to a solution. Such determinations were based upon both the calculations and estimates of the applicant, Collier County development review staff and Council staff. Where applicable, support correspondence is included. A draft development order is included in the Appendix II. The Substantial Deviation Monitoring Form is found in Appendix III. 11 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. SA March 13, 2007 Page 23 of 160 SUBSTANTIAL DEVIATION ANALYSIS FOR A DEVELOPMENT OF REGIONAL IMPACT QUESTION 21 FOR PINE AIR LAKES DRI (PROJF:CT ~O. 0503.(8) PREPARED BY: TR Transportation Consnltants, Inc. 13881 Plantation R(HHI, Suite I I Fort Myers, Florida 33912 239-278-3090 ;fJ) 1f I Reid C. Felluws, P.L j..iccl1se No.: 61 ()73 Ccrtit'ic,lte nf Authorizal;on#:27003 Revised ~ovcmbel. 10,2006 "'l TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A March 13, 2007 Page 24 of 160 CONTENTS I. PURPOSE OF REPORT II. SCOPE OF PROJECT III. PRE-APPLlCATI0N METHODOLOGY MEETING IV. QUESTION 2]-A V. QUESTION 2]-8 VI. QUESTION 21-C VII. QUESTION 21-0 VIJI. QUESTION 21-6 IX. QUESTION 21-F X. QUESTION 21-G XI. QUESTION 21-11 XII. QUESTION 21-1 XIII. CONCLUSION XIV APPENDIX 1: TRANSPORTATION K CONSULTANTS, INC Agenda Item No. 8.'1 March 13, 2007 Page 25 of 160 I. PURPOSE OF REPORT The following report has been prepared by TR Transportation Consultants, Inc. (fcll'lnerly Mctro Transportation Group, Inc.) in order to li.djill requircments set jC)Jih by Part IV - Transportation ResoLlrcc Impacts (Qucstion21) oftha Application for Developmcnt of Regional Impact for projects secking approval for a substantial deviation of an existing Development of Regional Impact (DR I). More specifically. thc rcport provides response to Q\lestion 21 as 10 define the anticipated tranic characteristics and establish any ncgativc oiT-site roadway impacts associated with the development of the remainder of the Pine Air Lakes DR!. The rcport assesses existing traffic conditions and futlu'c background plus project tranic conditions in order to identify roadway mitigation nceds and responsibilities. II. SCOPE OF PRO.lECT The Pine Air Lakes DR) is a Mixed-Usc Commercial/Retail project that lies within Collier County Rcgional Activity Ccntcr No. 13, northwest of the Airport Pulling Road/ Pine Ridge Road intersection. The DRI was originally approved in 1985 for 1.280,60() square feet of commercial floor area. A revision to the DR! was approved in 1994 altering the square footage to include a total oj' l)57 ,000 square feel of Jloor mea, designated as 707,000 square feet of retail uses and 250,000 square feet of oftlee uses. ln 2004, an extension of' the termination dale was granted to October 14,2005. As of' March 3 I, 2005, there was approximately 374,310 square feet of commercial uses completed or allocated within the DR!. Of this Jloor area, approximatciy 13,489 square feet 11as been allocated as ofliee use while the rcmaining 360.821 square feet has been allocated as retail uses. An additional 202,225 square feet of relailllses arc either permitted, uncler construction or within the permitting process, f()r a total of 563,046 square feel of retail uses and 13,489 square feet of office uses, or a total of 576,535 square feet of commercial development that is in various stages of development. Pilgc 2 , l::.. TRANSPORTATION K CONSULTANTS,INC. Agenda Item No. 8A March 13, 2007 Page 26 of 160 Based on market conditions in thc area, the Developer would like to add additional retail floor area in order to fill the vacant parcels currently remaining with the DR!. The office market in this area of Collier County will most likely not SUPPOlt thc dcvelopment of 250,000 square feet of office space. Therefore, conversion of office space to retail Boor area is heing requested along with additional rctail floor area above the latest approved 11001' area of707,000 square feet. 1t is the intention that the trip generation of the additional uses would not exceed the trip generation of the originally approved Boor area of 957,000 square feet. Tranie surveys of the existing uses indicate that the uses that have developed within the DRl are not the typical "retail" uses. A members only warehouse club, Costeo, comprises approximately 138,564 square feet, a Lowe's l'lome Improvement Store comprises approximately 129,235 square feet (I 15,746 square feel assigned as retail use and the remaining 13,489 square feet assigned as offiee space), a Regal Cinema comprises approximately 64.000 square feet and a Best Buy electronics store comprises approximately 45,3S0 square feel, Table I summarizes the existing as well as proposed development parameters being requested as part of this substantial deviatioll. Land Use Table 1 Pine Air Lakes DIU Land Uses Originally Approved>l Currently Approved 2 Retail OfJIce 707,000 s.f 368,600 s.1'. 20S,OOO s.1'. (350 Ilolel Rooms) 707,000 sJ. 250,GOO sf. 1,00G,000 d. 75,000 sJ. Hotel/Institutional o o Total 1,280,600 s.1'. ('Original DR'lApprovcd in Collier Co. 2 DR! Amended in 1994 957,000 sJ. in 1985 1,075,000 s.f Pine Air Lakes is anticipated to be completed in approximately 5 years. Thercfore, this rcport cxamines the 2005 existing traf1le conditions and the year 20 I 0 traffic conditions with the development traflic in order to asses the project's impacts. Page 3 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A March 13, 2007 Page 27 of 160 III. PRE-APPLICATION MEETING A pre-application meeting was held with representatives of the Collier County Development Services Division and the SWFRPC. A Transportation Methodology Report was prepared and subsequently revised after the initial meeting on Monday February 28, 2005. As defined in the methodology report, the preliminary study area is deJined by the following boundaries: . J & C Boulevard to the north . Airport Pulling Road/Pine Ridge Road to the south The roadway segments analY7.ed within the preliminary study area were subject to the measurement of the projccfs significant impact. '~Signit1canl1111pac1" was measured as project traffic volumes representing 5% or more of the existing plus commilled (E + C) adopted roadway Level of Service. Levels of Service were measured based 00 the Level of Service staodards established by the Collier County Comprehensive Plan. Road segments which were reviewed based on the 5% significant impact rule included: . Airport Pulling Road- South of Pine Ridge Road . Airport Pulling Road - North of Pine Ridge Road to Vanderbilt Beach Road · Pine Ridge Road - Naples Boulevard to Goodlelte Frank Road . Pine Ridge Road - Airport Pulling Road to Livingston Road Page 4 r ""[ TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A March 13, 2007 Page 28 of 160 IV. QUESTION 2]-A Using Map J or a tahlc as a basc, indicate existing conditions of the highway networl{ within the stndy arca (as prcviously dctined on Map J), including AADT, peak hour trips directionlll, trllffic split, levels of scrvice and maximum service volumes for the adopted level of service (LOS). Identify the assumptions used in this anlllysis, including "K" fllctor, direction "D" factol', facility type, number oflanes and existing signal locations. (If Icvels of service are based on the same methodology other than thc most rccent procedures of the Transportation Research Board lllld FDOT, this should bc agrced npon at the pre-application confel'encc stage.) Identify the adoptcd LOS standanls for thc FDOT, approprillte regional study area. IdcntitY what impl'o,'ements or new facilities within the study area are planned, prognullmed, or committed for impt'ovement. Attach appl'opriatc excerpts frolll the published capital improvement plallS, budgets lllld programs showing the schedulcs llnd types of work and letters frolll the appropriate agcncics stating the CUlTcnt status of the planned, programmed and committed improvemcnts. 2004 Existing Traffic Conditions The roadways' existing functional classifications. adopted Levels of Service and service volumcs were based on tbe Collier County Comprehensive Plan. Tahle 2 provides a detHil of the functional classifications, adopted Level of Service and the peak bour, peak direction service volumes for all roadways under study. A graphical representation of tbc roadways within the study area is shown on Fignre 1. Existing AMYI' traffic counts. peak season factors. bistoricai trends. K-1 00, D, and Truck (T) factors were obtained from the Collier County Department of Transportation's 2004 Trame Count Report. TR Transportation also perf,)J'med manual turning movement counts at the intersections of Naples Boulevard and Pinc Ridgc RO<ld, Naples Boulevard and Airport Pulling Road. and Pinc Ridge Road and Airport Pulling Road. Fignre 2 indicates the wcckdny PM peak hour turning movement COllnts conducted at the intcrscctions within the study area. Page 5 Ilem I~O. -- -...\j i . ~i" 11 ~ ; '''''!IIM'-''; J~ "W'~<,\\ 11M /n [I. I.......'" i 1 ~,- ~, :;'1 ""'^''>'!I''I'\l I. ,~,f~'\'1 <::':;~~\.Jl,i~~i'll' ,,+J!'l I --!i 'r1)"Ow.".<lI" I, . ' ~ '-"'"'!"I"M,' ,Jo!ll, -- --- II"" r ", I " I " "-""","r,2j '. I' """..", " , ~__~~"l'~~"!1~"'-.;.1 1 I I'" J4.. _n , -- I .~ 1 - --- - -,' 'I' ' ;'," \..- \./"'~_'t",.~l:. " \ I \ ~'." '. - - ,I I J, I If!" \ {.,.,),~,/ I ,',,,',," ~_" .::111 ,iti<. " '(;t~""'~'.'I~ I pi, .. __I) "'r]I' I .~~r;fl" \ I ' :r~ I ('I "i-# ,,,~ l' ~..... ~ "IV.. I ~ I 1, ~~. 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I !~"n~::\ ~Il !l "- \1;~::"r:('I~-~""~"":~~I~I: {F;""\, F - - - -- -,,- 'I !{ o\\, 'I 'L~:~\o 111;' :1 ,;1""1"'""" r; ,~~~(: j '1 ""f~ ~ d ~'i ~.s\ Y, , ;I, Y1 111 ~ ,'~I . ~,-} :i, j~i~~; J II - ~ -'._, 26 j, 'I J I 11" fl"n -r. TRANSPORTATION PROJECT LOCATION MAP KCONSUlTANTS.INC PINE AIR LAKES DRI . , -----!.-..- ", '.... ~<~:9 '., i , '~,.;~ \1 j J,i '~ II]! $ ""I I t~T~I ,[ , ..........'..."... , l I \t,~,Ay. JI~~, ,J.,,'.... .ll~~'M " , ;:1 I ~i. i l..l.!lb'. ".J. '\.! u't.~~\YI I" ! ' )1. Fiqure 1 <{r--o coO'" -.0..- ,,- .0 "'0 t:'-M Q).c Q) ::::~cn '" '" '" -g2Cl... Q) OJ <{ lI) o c:: e:( o Z e:( l- ll) LU t) > c:: LU lI) U. o ...J LU > LU ...J o LU Nh: wO ...JO me:( <(0 I-Z e:( Z o i= e:( t) u. lI) lI) e:( ...J t) >- I- Z :::l o t) c:: LU :J ...J o t) owwwwowwwwwwwwow -::ttQ{Q<O<.OtOtOCO(.()(,QCOtD<DtD'I:t(.() 0000000000000000 c.of'--.MLOf'-..mNmOMOMMQ')N'I:t -.qcnco("')r;ryf'-.'l:tCOOI'-M"..............COL{) N(V)("I')-q-VNMC"')<q-NC"')MC'?M.,.-M ~ >. >- >-."'0 '" rtl ro ro en o ~ ~ ~O a::..:::.::. ~.:.::O::: '5"O(ij "Oro"'Oro~ "E"E M "'0 n... ro ro" c: ro co Q:) 00..-9.......(\1........ > > O::CUU O:::WL...L..Jl)Li::Q.)"O Q)"'O~ ~(])ro~ a>ro<vro 1~:g 3~::) :e~~o:: ~~~~~cno::: ~cr:S .~ 0:: .a> '5 0:::: Q.) 0::: Il) =0 ~ 1:::: c t t:: c wQ o..L{) \l):Q Q):g o-s 8.li) ~8..~ m.!:: 0.= f'- .S 0 .S 0 0 ..c = " 0 == 0 >o..(')<{-'.o..(')o..(')C)(f)<{-'....J<{...J "'0 "0 "'0 -a "'0 ~ ro ~ ~ ro 0:: & 0:: 0:: & "O..c"'O~ ..c::-o..c:"O ~ ro 0 ro c 0 en U ro ~ o ro 0 m m 0 ro 0 ro a::(1)n:::,-""OQ.lo::~n::: '-<D"O "'0 <V~Q)ttroCOQ).......Q) 1.7~~ ro 0>:= rn(ll~:o.gE.g ~U)cr: & ro -e :2 ~ '- .- '- .- (1) ~(l)o::-t:::wO:::Q)o:::..-:o~t .,.-1::: oE "'0 Q) -g 0 "0 Q) ""0 ID "'=t 0 ;:: 8.. ,,.., .q- 0 ::::: c: 0 0.. C C C C (f) 0 - ..., (f) .~ .f~O:c)~~O:~O:::::J(')t5~~:::J<i: >.>.""0"0 ""0""0 rn ro m (1J ~ ~ ~~[2& 0::0:: rom~~"O-o-g~1615""@t5-E ~ a.. @ ~ ~ ~ 0 0 0 0 0 ill ~ 2~u:u:::n:::0:::n::o:::a::a::o::coro ro ro I Ice IV Q) ill Q) ID ....... ....... (9(9~~..9.9.g.g.g.g.g~11 C C Q) Q) '- .- .- .- .- '- '- tt-c Q) <1..l-- ~~n:::o::o::o::o:: Q) Q) OOO-O::Q-g-gCCQ)Q)Q)Q)W"O'O ~.g.~o 0 0 0 '5 '>.~.S.S.S.S ~ ffi <(<(<((')C)(')(')::J::Jo..o..o..o..o..>> '0'0'0 '" ro '" 000 0::0::0:: mo"'>tL.()(V)'I:t'l:tL.()<Of'-.OOO..- ..- N ('f) ..- ~'l N N L.() l.O to to <.D <D tD ;:: ~ COSTCO'S BEST BUY 00 on "", ~~ '" o <> ~ a: "' o M o ~ o "- 320'; 2400 + N w+, S NTS. o > -.J m (J) w -.J n. <( z '\. 120 ... 1510 1: TRANSPORTATION H CONSULTANTS, iNC. LOWE'S WESTERN LOWE'S DRIVEWAY EASTERN LOWE'S DRIVEWAY '- 15 <J' ... 435 '" <J' ;055 0' ~ .,. J \ ~! t ~ ... AO ~ \ (J1 65G .Jr "I)~ "'"' "'" ~ ~ "\ 50 .. 460 10J 740~ REGAL CINEMA NAPLES CENTRE PINE RIDGE ROAD LEGEND ... 000 WEEKDAY PM PEAK HOUR TRAFFIC EXISTING TRAFFIC (03/05) PINE AIR LAKES DRI Agenda Item No. March 13. 2007 Page 31 of 160 02 "'<00 "'~'" ~.~ 545 j- 10.. 280 '\. o W)l[)lJ") C'\IQ ('I") ~~'" ~+~ 400'; 1645+ 530 "\. o '" ~ 60 '\. ~ '" '\. 10 .. 10 -r20 ~+t+' 0"'0 Ng"1" ~ o <( o 0:: '" z ::J -.J ::J n. f- 0:: o tL 0:: ;;: '\. 320 ... 1035 .r 335 ~t~ 000 ""MCO non ~ Figure 2 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. SA March 13, 2007 Page 32 of 160 Planned and Committcd Capitallmpl'ovcmcnt Proiccts Planned and committed capital improvement projects were identified for the study area based on the Collicr County and Florida DOT Five Year Capital Improvement Programs. Those projects which would impact the study's results and those scheduled for construction prior to thc ycar 2009 wcre the only projects accounted for in this rcport. The FDOT and CoBier County work program have no improvements to the immediate arca that would influence the subjcct site. The Collier County Transportation Five Year Work Program is attached to this report in the Appendix for reference. Figurc 3 indicates the Existing + Committed (E + C) roadway network utilized for the analysis, Roadway projects that will impact traffic surmunding the subjcct sitc include the construction of the Golden Gate Parkway interchange with J-75, which is the next major cast/west arterial south of Pine Ridge Road, as wcll as the completion of the cxlcnsion of Livingston Road into Lee County to the north, which is the next major north/south corridor to the cast of Airport Pulling Road, Both of these improvements wiBlowcr the traJ'lic demand on Pine Ridge Road and AirportPuBing Road. In addition, CoBier County is widening Goociletle Frank Road li'OIll Golden Gate Parkway to Vanderbilt Beach Road, which is the next major north/south corridor to the west of thc subject site. Page 9 nD~1T:\ BL\CI.11<D , , , I u.:r COUNTY I ' /''''' m, '''I'' I \/ I WIQiGINS l'A~~ 1m \". . /,,'---"', r< iLf 1/ i a b.. \'~'"i~ ..........j . \~ 15 ! \ .\~ '1'" i \ ''" I \'0 , I ""'" .)' "'...J..._.-., h, I:: If I"'" ilt i~ ~ I~ , I gi \ \ y T , ,- '1 iV L i - ! I -T m! g 'ii I"[~ \ ~ -= r; \'. !~~'!L :~~lM:~~~tWJI~);AkL~,*,~' i; - I ' I ,0 i r \ J'I NE,~~'_')_'.'.I,~~!.).l... .-' I I ] IS . 1-< i~ .G- .:] :;; i " 1:8 "- is I c ! ~ , , I 17- I ~ > '/. i ?' , . \ a \ \ ., ~t: ~,:; ;;;; / ~ .. , \ I I' ..' S , ]:.1. j I dOI.DEt\'li.6J('_I'h\\'Y .[ift~@'t!'<<~@'$,;j;;:~Lfi1f?E::;rf"'~~:-;''' -r \ ~\, ~i~ I . '<::.>. f: I> I .. .0 I" 1:3 I nADIOllD i~ . !~ :6 '~'", i c/. 1:-,' I ::: ~. i:;; \\ i~ " '::<: " li_',\. Agenda lien; No. ~I': Page 33 of 160 , I ""RD .^\:':N.'~ ~ ~~1F ~ .~~~~' t 1,N\I~!~PbrliJ;]'~~~~~~~~~$Jm:~~k;>M((<J. j ,~ I~ !O 'L ,. i~ 1 l~ I I I I I .....J I I . lh__,.__Y~~~_f.H~~~l:_I~!U:~~:. -- '1' 1 W , . I ! (;I{~F"IlLVj) L. ~ . ~ w I! ,t p: .. ._,_.0_1.l.:.I}_~_~_(;:\!,!~ ~I.~:~.~)._\Y_ _"._.n___' / e " , , ! /..'> '"-/. '.~ I~ , ~ , ~ 12 i eJ 1)A\'I~ IlL VI). '"..;' 1;'i " I<.:~E!'I~~_:~, ~5 'I~~..-._. E "~ t; ;,: "..',..-- :to '::r:-: ;;c 8, ;-~I::~1!j~1W)l"b liD - H'iffi1:2&::": Under/2004 Construction """""" 2005 Construction 2006 Construction f-..~i:'ti\;;;!~ 2007 Construction ....... Construction by Others .. ...... Roadway Legend \ \ '1m .. \,~ -'..,,-, " TRANSPORTATION FIVE YEAR WORK PROGRAM FY 2004/05 - FY 2008/09 ".-~"~~....~~<,<,,,,,.., ',,~,..,...''"-'''''~-' ('oi.-inCltllUltt ','.n. "'~""'>-""""""~,,,, ,,,~.."~.i...~,,,~.._, """"'"'' ,.."..~ ,... "'."~ '''AI'' '''''''',", - .~.".,- ..."._~, ''''''''''''''''"'V'_''~ ""'( TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. SA March 13, 2007 Page 34 of 160 V. QUESTION 2]-B Provide a projection of vehicle trips expected to be generated by this development. State all standards ,1I1d assumptions used, including trip end gencration rates by land usc typcs, sourccs of data, modal split, persons per vehicles, etc., as appropriate. The acceptable methodology to be used for projecting trip gcncration (including the Florida Standard Urban Transportation Model Structure or the Institute of T.-ansportation Enginecr's !I'ip gcncration nltcs) shall bc dctermined at the pre- application confercncc stage. Projcct Trip Gcncratiou At the pre-applicationll1eeting, it waS agreed that the vehicular trip generation rates would he calculated based on methodology provided in the Trip Genemfion report, published by the Institute of Transportation Engineer's (lTE), 7'h Edition. Trip generation rates and calculations j()r the proposed land uses ",'ere submitted in the project's Transportation Methodology Report. The trip generation of the existing 374,310 square feet ofuscs that exist on the subject site were taken fromlhe tranie counts conductcd by TR Tnmsportation, 13ased on the DR! allocation, approximately 13,489 square feet of the existing uses arc considered onice while the remaining 360,821 square fect is considered retail. Table 4 indicates the breakdown of the uses that cUlTently exist on the site. Table 4 J>jnc Air Lakcs ])RI Existin Land Uscs Use Size L Retail L____General Offiee Total 360,821 s,f. 13,489 s.f. 374,31 () s.f. Table 5 indicates the various future land uses analyzed as part of this report and their respective land use codes Ji'OIl1 the ITE report that were utilized to estimate the number of vehicle additional trips that wiiJ be generated. Page 11 1: TRANSPORTATION K CONSULTANTS, INC Agenda Item No. 8A March 13, 2007 Page 35 of 160 Table 5 Pine Ail' Lakes J}Rl Land lJses/ITE Code lTE Land UseCode'ITE Land Use'Code Name .:.-....-.......,..... .,.".."-....-,.,,,.,':..,...: "'....,.......,,.,..,....,....-..-,.........'.... "',,- .........-.. Retail 820 710 Shopping Center G-;:'ner;1 Oflicc Building J ..----, General Office ! Table 6 indicates the nom area of both onice and rctailuses that arc not currently constructed on the site that would be permitted based on the reg\lested change to the DRL Table 6 Pine Air Lakes J}Rl Proposed Total Land Uses Use SEee Retail 1,000,000 s.f. 75,000 s.r L~~~~::~1n2:J~I~ln~,L~, 1,075,000 s.ru'l ] Inch;des -;1;0 ~ 74j 10 -s.f:. nf e~isling lI~C~ \vilhin the project General omcc Tahle 7 indicates the peak hour trip generation as surveyed by TR Transportation Consultants as well as includes the trips generated ii'om the ITE rCJl()l't for the additional ret,lil und office uses bcing requested. a\\' nil ..cncra JOn __..n. .----- ~ 1, I . WcckdayP.M. Peak Hour Daily Use ., In I Out Total 2-\vay I i '. n n General Office 30 130 160 1,070 _.~------~-~- ]'~S- , Retail ~J I .. 1.485 ! 2,860 30,330 1 Total .,~.",l,'=.~.~,Jl ,6 1 5 I 3Jl20 31,400 _.....,.-~.J Table 7 Pine Air Lakes DRl R T' C r The trip generation rates are shown in Table 8. PHgc 12 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. SA March 13, 2007 Page 36 of 160 LI1 ('1') = 0.66 Ln (X) ,. 3.40 LI1 (T) "' 0.65 LI1 (X)" 5.83 T ;;:; Trips, X::..: 1,000 square fect of noar (Irca (3cneralOffice (LUe 710) 'I' = I 12 (X) ,. 78.8 J LI1 (1')"' 0.77 LI1 (X),. 3.65 T "' Trips, X "" 1,000 square feel of nom arco The trip generation as approved in 1985 and amended in 1994 is shown below in Tablc 9. Table 9 Trip Gcncl'afion Compllrison Pine Air Lakes DIU " Weekday PM Peak. Hoilr . 'Tri Generatioil ITE (D:1Vid Plummer lIS. da\cd fvlnrch 15. 1994) ITE ___.J.l}avi,~.PII11l1111r.;r TIS. dalcd f\~lllrd!...15. 11)94) ITE 1985 3, 103 2,701 1994 2006 3,020 . . - . - ---. Note: ITE Trip C;cllcratioll 5th Eclition 111ilizcd by DRVid Plull1mer & ^~soc. for the 1994 report 71h Edition or lTE Trip Generation utilj;/.ed for 2006 data Based on the requested modification to the DRI, the trip generation will be decreased from what was originally proposed in 1985 and be increased by approximately 319 P.M. peak hour trips as modi1ied in 1994. However, it should he noted that based on traHic surveys conducted at the site access driveways of the existing uses on the subject site, it is not anticipated that the peak hour trip gcneration of the project as requcsted (J ,000.000 squarc feet ofretai] and 75,000 square feet ofoffiee uses) will gcneratc more than 2,701 peak hour trips. In addition, tlK' new conncction proposed to J & C Boulevard will further rcduce the peak hour trip impacts on the adjacent roadways of Pine Ridge Road and Airport PuIiitlg Road. Pngc 13 1:. TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A March 13, 2007 Page 37 of 160 VI. QUESTION 21-C Estimate the internal/external split for the generated trips lit the end of each phase of developmcnt as identified in (Il) above. Use thc formllt below (the format has not been shown below) and include a discussion of what aspects of the development (i.e., opportunities, etc.) will account for this internal/external split. Provide supporting documcntation showing how splits were estimated, such as the results of the Florjda Standard Urban Transportation Model Structurc (FSUTMS) model application. l)escrihc the extent to which thc proposcd design and land usc mix will foster a mOl'e cohesi\.e, intemally, supported project. Intcrnal/Extern,.1 Trip Gcneration Thc Pine Air Lakcs developmcnt will cOI1linue to providc retail uses that will allraet trips from the volume of traffic traveling the adjacent roadway system. The trip gencration from the existing uses was based on peak hour [ranie counts conducted by TR Transportation during the weckday peak hours of the adjacent street. The trips generated for the ('emaining uscs that currently do not exist are based on the ITE Trip Generation Report, as previously referenced. VII. QUl~STION 21-D Providc a projection of total pcak hour traffic, background plus DIU trafl1c, on thc highway nctworl, within the study area at the cnd of each phasc of dcvelopmcnt. If thcsc projcetions arc bascd on a validated FSUTMS, state the source, date lllld netwlll'l, of the model and the TAZ projections. If no sllllldard model is available or some other' model proeedun. is used, desel"ihe it in dctail and include doeumcntation showing its validity. Dcscl"ibc the proecdurc uscd to estimatc and distributc traffic with full DRI dcvclopmcnt in subzones at build-out and at intcl'im phase-end year"s, Thcse assignments may r'cllcet the effects of any new road and/or improvemcnts which ar"c programmed in adopted capital improvement programs and/or comprehcnsive phllls to be constructed during I)IU constriction; however, the inclusioll of such roads should hc clearly identified. Show these linl, projections on maps or tnbles of thc stndy area network, on lIIap or tahle for each phase-end ycar, Descrihe how these conclusions were reached. SignificllntIv ]mpacted Roadwavs llnd Intersections The roadvv'ays analyzed \vcre subject to the measuremcnt of (he projec.t's signil1canl impact. I.'Signif1cal1l impi-lctB WLlS measured as project lranic volumes representing 50/0 or morc orthe existing plus committed (E + C) roadway adoptedleve] ofsel'vice, The P~gc 14 r 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A March 13, 2007 Page 38 of 160 existing road network in the vicinity of the project has been shown in Figure 1. The major roadways that will serve the site include Pine Ridge Road and Airport Pulling Road. The following represents roadway segments reviewed for this analysis: Pine Ridge Road - fi'om Goodlelle Frank Road to 1-75 AiI'pol't J>ulling Road - from Golden Gate Parkway to Vanderbilt Beach Road The distribution of the development trips is graphically represented on Figure 4. The trips were then assigncd to the roadway segments listed above to determine which segments would require further ~nalysis. The percentage impact as percent of the adoptcd LOS volume are also shown on Figure 4. The following scgments were deemed significantly impacted by 5%, and as such, were further analyzed in response to criteria cstablished for Question 21: Page 15 2460 (123) 5.0% Agenda Item NO.8 MarciN 13, 2007 Page' 9 of 160 t 10% . VANDERBILT BEACH RD +4% + +10%+ W E S - NTS. 3540 (123) 347% 3970 (320) 806% o <I: o ex: ::.: z <I: ex: LL w l- f- w -' o o o (9 1- 3970 t 3300 (283) 23% t 5% (320) 7.13%. f 3% 9.69% . +26%+ +14%+ PINE RIDGE ROAD 3730 ~ +5%+ 3730 t (172) t (197) 462% t 5.28% 25% 6% . 6% . +16%+ 0 . <I: 0 0 a: <I: "' (9 3830 0 l'-- Z a: w :::J (197) Z I- -' 0 <I: ::> 8.03% f- D- f- (f) (f) ex: I- (9 a: w 0 Z I- D- ;::: Z a: -' ;;: +11%+ 3830 (197) 5.14% t 16% . +8%+ e o a. m !!' ro o ..; o "' o "- +3%+ GOLDEN GATE PARKWAY \ LEGEND +20%+ XXXX (XX) XX% PERCENT DISTRIBUTION ADOPTED LOS VOLUME PROJECT TRAFFIC PROJECT TRAFFIC PERCENTAGE OF ADOPTED LOS 1: TRANSPORTATION K CONSULTANTS, INC. IMPACT AS A % OF ADOPTED LOS PINE AIR LAKES Figure 4 r 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A March 13, 2007 Page 40 of 160 Airport Puliing Road - South of Pine Ridge Road Airport Pulling Road - Pine Ridge Road to Vanderbilt Beach Road Pine Ridge Road - Naples Boulevard to Goodlette Frank Road Pine Ridgc Road - Airport Pulling Road to Livingston Road The following interscctions wcre reviewed bused on thc 5% significant impact rule: Pine Ridge Roud at Naples Boulevard Pine Ridge Road at Airport Pulling Road Airport Pulling Road at Naples Bouievard Naples Boulevard at Costeo access Naples Boulevard at Regal Cincma Access Naples Boulevard at Lowe's Eastern Access Based on the 5% impact, the f{)lIowing intersection were analyzed further as part of this report: Pine Ridge Road at Naples Boulevard Pine Ridge Road at Airport Pulling Road Airport Pulling Road at Naples Boulevard J\aples Boulevard at Costco access Naples Boulevard at Regal Cinema Acecss l'\aples Boulevard at Lowe's Eastern Access For roadways and intersections under study, the following conditions were analyzed: 2005 Existing Conditions 2010 Background Conditions plus Project Conditions As previously mentioned, Pine Air Lakes is expecting a relatively quiek build-out of approximately 5 years. Since approximately Y, of the project is already either constructed or in the permitting stage, a build-out of live y(,ars is not unrealistic. As a result, the most accurate method for determining the future background traffic volumcs waS based on historical growth trends cstablished in the area. The Collier County Concurrency Managcmcnt Systcm was utilizcd to dctcrminc if sutlkient capacity is and will be available on the surrounding roadways with the additional retail noor area being, requested. Based on the latest inj{))mation as provided Page 17 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8.'1 March 13, 2007 Page 41 of 160 by the CoIlier County Concurrency Management System, the project traffic was comparcd with the available Capacity for Peak Hour - Peak Direction tramc conditions as defined in the most recent Collier County Concurrency Spreadsheet. Based on the information containcd within Table 10, all of the roadway links that are projectcd to be significantly impacted in accordance with the Collier County 3%-3%-5% Significance Tcst will have sufficient capacity to accommodate the additional trips gcnerated by thc project. As can be seen ii'om Table 10, therc is sufficient capacity available on the significantly impacted links surrounding this project to accommodate the projected additional traffic demand ii'om the addilionai retail noor area. Therefore, no improvements arc recommended to achieve the adopted Levcl of Service for any of the roadway segments uncleI' study. Page 18 <{e-o "'ow -- o~ 'J_ _ 0 0", <=~7 au: Q) :=:::~Ol rorom -g2o... '" '" <{ o ... en U; ~ <( Z <( >- U Z w 0:: 0:: Z::l OU _Z 1-0 ()U ~Cl/l -<( 0_ ~o:: <(W w!:: 0.0:: .U 0::1- ::lU 0<( :J:a. ~2: <(- wI- a.Z <( ~ L.L. Z ~ en ?ft. ll) , ?ft. M , ?ft. 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N o -' CD .. CD '" c ~ U. ,qJ ~ '0 o o o '0 ;: '0 a: " '" '0 ii" " c 0: o z (/) W >- "' .. '7 ~ CD n on .... ~ <0 '" "- '" '" ~ #. 0> '" a; *' *' re ~ m ~ '" N n "- N 0> .... ~ ~ '" 10 N ~ -R ID ~ '" '" '" '" o 0 '" '" .... "- '" '" a -' '" o 0 -' -' '" '" '" CD '" .... '" '" '0 > i'ii w " a. 00 z '0 '0 a: ,; c 0:: 0 t ;; o g> e- .> <i: :::i D '0 ;: s ;: '" w >- " (/) w >- '" o '" ~ o "- '" ~ #. N <D N <D ?J!. "' '" '" .... '" a -' <D '" <D on ~ '0 W (/) w >- '" N .. .... .... o .... N '" .. ?J!. .. o N '" o -' .. o '" '" '5 0. - {; e- o;: '0 ;: '0 a: "' u ro " OJ 15 \; " Ii; > (/) w >- '" .... '" ~ '" '" ~ .... "- .. ,.; '" N ~ '" '" o .. '" "" o -' '" '" E '3 0. t o e- <i' '0 w il .c. w '0 m c. '" " c ~ '; g o U ~ E " o U ~ a u c " ~ "' o E " " E ,g c " x " ~ " . w ~ ~ '0 ro '0 c ro ii5 " o '2 " '" 15 '" > " ~ ~ >= .!! 1] " . ~ E " o U ~ a () " " c o E ~ '" c " E " 0> ~ ro '" ~ o ~ iJ c o u " " " " e- o. ~ -9 " " '0 Tl 0. . E g 'c ~ ro ~ c . ~ x " -9 a: " 1i ~ . ro " ~ .. ~ ro . '0 N e ro w " o c " '0 E ,g c ~ !'l w ~ ~ .. ~ ~ '0 ro e 1j ro " .Q 1> o ro 0. ro U 0> C E ii E Ii! " .c ~ 1::.. TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A March 13, 2007 Page 43 of 160 The intersections in the immediate area were analyzed to determine what, if any, improvements would need to occur to accommodate the projected additional development trips. The site access drive intcrseetions along Naples Boulevard were not specifically analyzed as these intcrseetions will be modified as development permits are applied for to provide the ncccssary turn lanes and traffic control to accommodate the specific projects. A Site Development Permit is currently being reviewed by Collier County for the property immediately north of the Pine Air Lakes projcet that wi[1 provide an interconncction to the Pine Air Lakes project dircctly to J & C Boulevard. J & C Boulevard currently serves a larger commercial/industrial area and the interconnection will allow traffic from this large commercial area to access the Pinc Air Lakes DR! without having to travel on the adjacent arterial romls, as they mLlst do presently due to the lack of any connection to the north and west from the DR!. This connection was taken into accoLlnt in assigning the trips from the additional devclopmcnlto the surrounding road\vay net\vork. Table 11 identifics the intersections that were studied as well as the projected Levels of Service and any improvements that will be requircdto maimain that Level of Service at build-out of the project. II...... -.-- ---. ~.- .---..--.. 1 ".-. --.- --- ._.~ ._-~ -- Intersection LOS Il1lpl'OVCments_Neccssnry to 2005 LOS 2010 Maintain Acceptable LOS --.. I Airport Pulling Rd.ll'ine ! lmplcmemation of E F Ridgc Rd. SCOOT System ,,-~-- -- -------- -------- . ---~,. -- ..---.--.------... i Airport Pulling 13 D Triple EB Lefts , Rd/Naples Blvd. ---.---.---.. ---. ~----------_.- Pine Ridge Rd.iNaples C C None Bivd. ~-~ L,......".~"=",.- - ,~-~.~'-~,~.~~~==---=,,"~--- Table 11 2005 and 20 I 0 Tl'ame Conditiolls Intersection Level of Service Designatioll p[lgc 20 -c. TRANSPORTATION -'. K CONSULTANTS,INC. Agenda Item No. SA March 13, 2007 Page 44 of 160 VIII. QUESTION 21.E Assign the trips generated by this development as shown in (8) and (C) above and show, on separate maps or tables for eaeh pllllse-end year, the DRI traffic on each link of the then existing network within the study area, Includc pcak hour directional trips. If local data is available, compare average tdp lengths by purpose for the projcct and local jurisdiction. For thc YCllr of thc build-out and at each end of each phasc estimate the pcrcent impact, in terms of peak hour directional DIU trips/total peak hO\ll' directionallrips and in tenus of pcak hour DRl trips/existing peak hour service volume for dcsired LOS, of each l'cgjonally significant roadway in thc study area. Identify facility type, numbcr of lanes and projected signallocalions for thc J'egionally significant roads. Duc to the size, location and build-out sehcdu]e of the development, it was agreed to at the pre-application meeting that the use of the Florida Standard Urban 'T'ransportation Model Structure wou]d not provide applicable modeling forecast. The use of the FSUTMS mode] on DRI projects with Sh0l1 build-out schedules generaily results in extremely high growth ratcs and non-Iogica] project gcnerated trip assignl11ents, Therefore, the Pine Air Lakes tramc was manually distributed and assigned to the surrounding roadway system based on review of existing traffic patterns in the area as well as other factors, such as location of complimcntary land uscs, and location of I11l\jor population centers. Figure 4 providcs a detail of the trip distribution utilized for this analysis as well indicting the number of trips thc additional J100r area will add to each roadway link. Fig\ll'e 5 indicates the assignment of the development traffic to the surrounding intersections. The PM peak hour project trame was then distributed to the surrounding roadways and intersections based on the "nticipatcd distribution, These assignments arc shown on Figure 6. 2010 tramc conditions were then determined by combining the background trunk conditions and the project tramc assigned to tbc surrounding streets and intersections. Development plus background tranic, along with corresponding Levels of Service, have been shown in Tahle 9. Figure 6 graphically indicates the total traffic assignment to the surrounding intersections. Page 21 N w+, S N.TS. ci > -' co (f) w -' D.. <( Z t o 0. ID cr ro c M c "' c "- 00 .,. '" NN ., ~ '\. 180 205; J & C BOULEVARD : t '" I 0 .... co ... : NAPLES CENTRE PINE RIDGE ROAD LEGEND -+ 000 WEEKDAY PM PEAK HOUR TRAFFIC 1: TRANSPORTATION K CONSULTANTS, INC. Agenda item No. March 13, 2007 Page 45 of 160 '" to -+' 60 "\. ~ .,. o t-- ~ ,y 230'; ~ 245 '\. ~ ~ o <( o 0:: G ~ -' -' => D.. f- 0:: o D.. g:; <( 0", ~(") '\. 105 ~"' ...~ -+ 75 130+ ~t 85 "\. ",0 "';:: NEW PROJECT TRIPS 2010 BUILDOUT PINE AIR LAKES DRI Figure 5 N w+, S NTS. ci > -' o:l (f) ~ 0.. <<: z 00 "'CO '"'''' 4"~ "- 300 + 1750 525; 2750 + '" 0,", ,",coo "'~I'- 4"+~ 775; 10+ 525 '\. Agenda Item No. March 13, 2007 Page 46 of 160 "- 10 +10 .r20 ~tr lOCO co'"'''' "'co ~ o <( o ce (!) z ::; -' ::) 0- l- ce o 0.. n:: ;:;: 0 "- 425 "'NO "''''''' + 1110 ~~'"' PINE RIDGE ROAD 4"+~ .r 375 425; ~tr 1910+ 0"'0 615 '\. ",ON ",,,,,,, ~ LEGEND + 000 WEEKDAY PM PEAK HOUR TRAFFIC '" o 0. . '" '" o '" o '" o u. 1:. TRANSPORTATION K CONSULTANTS, INC. 2010 TRAFFIC PROJECTIONS PINE AIR LAKES DRI Figure 6 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A March 13. 2007 Page 47 of 160 IX. QUESTION 2]-F Based on the assignment of trips as shown in (D) and (E) above, what modifications in the highway network (including intersections) will be necessary at the end of each phase of development to 'lttain and maintain the adopted Level of Service standards? Identify which of the ahove improvements are required hy traffic not associated with thc DRI at the end of each phase. For those improvemcnts needed earlie,' as a result of the DRI, indicate how milch earlier. Where applicable, identify Transport:ltion System M,magement (TSM) ,lIternatives (e.g., signalization, one-way pairs, ride sharing, etc.) that will be used and 'my other measu,'es neeessal'y to mitigate other impacts such as increased maintenance dlle to a 1:11'ge number of trllek movements. Based on the information discussed under (D) and (E). improvcments will be necessary at the intersection of Naples Bou]evard and Airporll'ulling Road in order to maintain nn acceptable Lcvel of Service for the buildout traffic conditions. This improvement would include re-striping the west leg of the intersection to provide two exclusive left turn lanes, a shared through/ten turn lane and a right turn lane. Signa] modilicmions wi]] also be necessary as this wil] require a split phase signal operation. With these improvcments. the intersection is projected to operate at LOS "[f. At the intersection ofl'ine Ridge Road and Airport Pulling Road. several movcments are projected to operate at LOS "I''' with or without the additional noor area being requestcd with this amendmcnt. Thc current traffic data available docs not accurmely reflect the shin in traJ1ic dcmands due to the new six lane north/south Livingston Road corridor being available from Lee County through Co]lier County. This altcrnate north/soutb corridor will alleviatc the demand on Airport Pulling RO~ld in tbis area. ]n addition. severa] otber improvemcnts to cast/west corridors wil] 'llso impact Pine Ridge Road. These include tbe widening of Vanderbilt Beacb Road to six lanes as well as the widening ofGolclen Gate Parkway to six lanes and a full interchange with ]-75. An additional commitment the Developer has made is 10 provide. througb easements, connection from Naples Boulevard to J & C Boulevard to the north. Along with the cooperation of property owners to tbe nortb of the project, a roadway connection will be Page 24 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8.'1 March 13, 2007 Page 48 of 160 provided that will allow traffic from the commercial development to the north to acccss the subject site, as well as Naples Boulevard, without travcling along Pine Ridge Road or Airport Pulling Road, This interconncction will provide a positive benefit to the area road network by allowing retail shopping trips on a peak hour and dai Iy basis to be made between the commercial uses and industrial uses without placing additional burden on the major arterials. Short shopping trips or trips during the lunch time period from the industrial uses can be completed to the retail serviccs without traveling on Pine Ridge Road or Airport Pulling Road. The J & C business park employs a substantial number of persons that will hc able to takc advantage of the retail uses within the Pinc Air Lakes DR!. The project also ineludes a reverse fl'ontage road on either side ofNapJes Boulevard that allows trips bctween uses to occur without traveling on Naples Boulevard. Trips betwccn thc various uses within the projcct can occur without having to travel on Naples Boulcvard or tbc cxternal road system. The Developer bas also agreed to make a financial contribution to Collier County for the purposes of implementing the SCOOT system on Airport Pulling Road north of Pine Ridge Road to accommodate the additional turn lancs being addcd. The SCOOT systcm is a eomputcrizedtralTie signal coordination program that provides tllr a more c!licienl use of the numbcr of lravellanes available by optimizing the traffic signal timings based on the actual real timc tramc dcmands. Implementation of this system along Airport Pulling Road will provide for an increased cfficiency in thc road network and a decrease in the delay experienced at the signalized intersections. The Developer is also providing the neccssmy funcls to Collier County to implement a pCt'lnanenttraffic count station on Naples Boulevard in order to complete real lime tramc monitoring as part of the DRI Development Order. This (ranie station will provided DOT staff with necessary traffic cOllnt data to evaluate the Concurrency Management system currently in place in Collier County. Page 25 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A March 13, 2007 Page 49 of 160 In order to mitigate any external impacts of the project, the Developer has agreed to interconncct thc Pine Air Lakes DRl with the existing street network to the nOl1h (J & C Boulevard), construct additional lell turn lanes on Naples Boulevard at Airport Pulling Road, make a financial contribution to Collier County for the purposes of retiming the SCOOT trafJic signai system along Airport Pulling Road, provide a permanent count station within the DRI to monitor traffic and provide a reverse li'ontage road within the projcct to reduce impacts to the public road system. Based on surveys at the access points serving the existing uses. it is projected that, even with the additional retail noor area being rcquested. the project will not exceed the totai P.M. peak hour trip generation as approved in ] 994. The project as requested will also not exceed the trip generation as originally approved in 1985, illr which the overall mitigation mcasures to the transportation system were ultimately devcloped and implemented by the project. The project is also anticipated to generate approximately $7.9 Million in roadway impact fecs from the additional amount of commercial retail dcvelopment requested. This. in combination with the other commitments made by the Dcveloper. willmorc than offset any additional impact the project will have on the slIl'rounding roadways. Page 26 -c TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A March 13, 2007 Page 50 of 160 X. QUESTION 2]-G Identify the anticipated number and general location of access pojnts for driveways, median openings and roadways necessary to accommodate the proposed dcvelopment. Please note which proposed IICCCSS points are to be located on the State Highway System and must be permitted pursuant to Rules ]4-96 or ]4-97, Florida Administrativc Code. Describe how the applicant's acccss plan will minimize the impnets of the proposed development and preserve or cnhance traffic now on the existing and pl"Oposed transportation system. This informntion will assist the applicant and governmental agencies in renching conceptunlngreement regarding the anticipated necess points. While the ADA m'lY constitute a conceptUlll rcview for IIccess points, it is not n permit application and ,therefore, the applicant is not requir'ed to include specific dcsign reljuirements (geomctry) until the time of the permit application, Xl. QUESTION 2]-H If applicable, describc how the project will complement the protection of existing, or development of proposed, transpoJ.tation corridors designated by local governments in their comprehensive plans. In 'lddition, identify what commitments will be made to protect thc designatcd corridors such as inter-local agreements, right-of-way dcdieations, building set-hacks, et,', The project is not proposing any acecss points onto a Stale Highway Systcm routc. thus not rcquiring a pcrmit from thc Florida Departmcnt of Transportation pursuant to Rules 14-96 or 14-97, Florida Administrative Code. Acecss to the proposed developmcnt will be provided via Naples Boulevard. a four lanc dividcd collector roadway that was eonstructcd as part ofthc transportation mitigation for the Pine Air Lakes DRI and deeded to Collier County as a public roadway. Three existing separate access drives serve the development with several mOre planned in the future. XII. QUESTION 21-1 \Vhat provisions, including hut not limited to sidcwalks, bicycle paths, intel'l1al shuttles, !'ide sharing and puhlic transit, wiil be mnde for movement of people by means other than privllle automobile'! Refer to internnl (ksign, site planning, parking provisions, location, etc, Refer to the Applicant's response to Question 21-C and 2] -F. Page 27 1: TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. SA March 13, 2007 Page 51 of 160 XIIl. CONCLlJSION In order to mitigate the external impacts of the additional trips, the Developer has agreed to contribute to off-site mitigation efforts, such as interconnecting the Pine Air Lakes DRI with the existing street network to the north (.J & C Boulevard), construct an additional eastbound len turn lane on Naples Boulevard at Airport Pulling Road and contribute to (oilier County for the purposes of implementing and retiming the SCOOT trafiie signal system along Airport Pulling Road to accomlllodate the additional turn lane and traffic generation, The CH2M Hill technicalmemorandulll in the Appendix of this reports summarizes the trip generation of the project as originally approved, as cllI'rently approved and as proposed. The minor increase in trips between the currently approved development intensity and thc proposed development intensity will be offset by the dispersion of Ihe site trips to/li'om the north to .I & C I30ulevard whereas all the trips are now forced to use Airport Pulling Road or Pine Ridge Road to access the project. I3ased on the preliminary estimates, as much as 50/" to 15% of thc projcet trips could be diverted to the connection between .I & C Boulevard and the project. thus reducing the corresponding amount of trips that would otherwise have to use Airport Pulling Road to ueeess the project. At the intersection oC Pine Ridge Road and Airport Pulling Road. several movements are projccted to operate below the acceptable I,OS with or without thc additionallloor area being requested with this amendment. 'fhe current tm11ie data available docs not accurately reflect the shift in traflie demunds duc to the new six lane north/south Livingston Road corridor being available from Lee County through Co!lier County, or the widening ofYanderbilt Beach Road to six lanes or the widening oYGolden Gate Parkway to six lanes and a flJlI interchange with )-75. [)age 28 1:.. TRANSPORTATION K CONSULTANTS, INC. Agenda Item No. 8A March 13, 2007 Page 52 of 160 The "reverse frontag,e road" on cithcr side of Naples Boulevard will allow trips between uses to occur without traveling on Naples Boulevard, Trips between the various uses within the project can oeeur without eausing, additional external traffic impacts. The Developer has also agreed to make a financial eontribution to Collier County for the purposes of implementing and l'e-timing the SCOOT system on Airport Pulling Road north of Pine Ridge Road. The implemcntation and optimization of the SCOOT system could improve the overall cfficiency of the roadway by as much as 10% to 25%, including incrcasc in capacity by decrcasing bead ways, decreasing overall approach delay and improving, traffic Jlow along the arterial corridor. The Developer is also providing, the necessary funds to Collier County to implement a permanent traf1ic count station on Naples Boulevard in order to complete real time tramc monitoring as part of the DRI Dcvclopment Order. Based on surveys at the access points serving the existing, uses, it is projected that, even with the additional retail !loor area being requested, the project will not exceed the total P,M. peak hour trip generation as approved in 1994. The project as requested will also not exceed the trip generation as originally approved in 1995, for which the overall mitigation measures to the transportation system were ultimately developed and implemented by the project. The project is also anticipated to generate approximately $7.9 Million in roadway impact fces li'om the additional amount of commercial retail developmcnt requested. With these improvements and contributions, any additional trip generation that may be experienced by this project will be more than offset. Page 29 EXHIBIT "An A ".rcel or trac.t.of hnd lying In Section 11, rO'o'nshlp (9 South. RAnge 25 (15l. Collier County, flor1dj, be1n9 d~'cr1b~ .1 fol10W1: Comm<nc1n9 It the Horth<<ist' corntr of slfdStct10n 11. run S OO021l(7- W ,1009 the (1St ltne of Slid Sc'tlo~ 11 . distinct: of 1318.85 feeti the-nee S e.gon'13. W' 100.0<4. (cd to the POINT Of 6(GIKMIHG lnd the ~sterly r1qht.o(-w.y ltne of County ROld No.31; thence continue S 85041'IJ- V 165(.OG (eet; thence S 0100S121" [ 1JIG.71 (eet:. thcnce S 0100S'lS- E 1316.78 (ecti thence K 68051"31" E 134.1.0(2 (eet; thence N 0001B'S8" ~ 329.IS feet; thence N &BOSO'S7" E 1215.82 fe,t to the \.1estcrly rlght-o(-'l<'<1Y 1 tne of Count)' ROid Ko.Jl;' thence << 00027'18" E .10n9 sold r19~t-o(-w.y line 9B9.28 feet; thence M 000Z7'.0" E .10ng !.lid dght"'<)(-\(IY 1 ine IJIB.80 reet to the POINT Of BEGI<<NING: S.ld pared 0.- trlct contllnln9.148.~9 ."crt1:. bOre or ltss. Subject to cls~nti. restrictions Ind rejcrvltfons o( record. Bearfngs b'jed on t b(aring of H 000Z1'47. [ en the (ast Hne of the 1((':1: of Section 11. Township <49 South, R.an9c 2S (ast, Callicr County. florida. This cJcscr1ption I\(tt.s the X1nlCll.U1'l Technic,,1 Stlndirds IS , set forth by the floridl Board of Lind Surveyors, pursujnt tQ Chapter 47Z.0Z7, Florida Stltutes. . Agenda Item No. 8.'1 March 13, 2007 Page 53 of 160 ) Agenda Item No. 8A March 13, 2007 Page 54 of 160 RESOLUTION NUMBER 07- DEVLEOPMENT ORDER NUMBER 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIO:>lERS OF COLLIER COUNTY, FLORIDA AMENDING DEVELOPMENT ORDER NUMBER 85-5, AS AMENDED, THE PINE AIR LAKES DEVELOPMENT OF REGIONAL IMPACf (DRI) BY PROVIDING FOR: SUBSECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER, BY INCREASING THE SQUARE FOOTAGE FOR REGIONAL COMMERCIAL RETAIL USES AND REDUCING THE SQUARE FOOTAGE FOR OFFICE USES WHICH RESULTS IN AN OVERALL INCREASE IN SQUARE FOOTAGE, AND PROVIDING FOR CONVERSIONS OF OFFICE SQUARE FOOTAGES TO RETAIL SQUARE FOOTAGES AND VICE VERSA, BY INDICATING IMPROVEMENTS THAT HAVE BEEN MADE TO DRAINAGE, TRANSPORTATION AND WATFJ< SEWER FACILITRS, REVtSING THE LIST OF IMPACTED ROADWAYS, BY PROVIDING FOR MITIGATION FOR APFORDABLE HOUStNG IMPACfS AND BY EXTENDlNG THE TERMlNATEION DATE: SECTION TWO: FINDINGS OF FACT: SECTION THREE: CONCLUSIONS OF LAW: AND SECfION FOUR: EFFECT OF PREVIOUSLY APPROVED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the BOli'd of County Commissioners of CollicI' County approved Development Order 85-5, which approved. Development of Region.l Impact (DR!) known as Pine Air Lakes on November 12, 1985; WHEREAS, the Southwest Regional Planning council appealed Development Order 85-5: and WHEREAS, the appeal was settled by the Iloard of Connty Commissioners adopting Resolution 86-63, which amended the Pine Air Lakes Development Order. on Apdl 15, 1986: and WHEREAS, the Application For Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the owners of the DRI property are desirous of amending tbe Development Order; and WHEREAS, the development order hoilS been subsequently amended; and \VHEREAS, Karen Bis.hop, of Project Management Services, Tnc., and Richard Yovanovich, of Goodlette. Coleman and Johnson, P.A., representing the Airport Road Limited Partnership have petitioned the Board of County Conunissioners to further amend the Pine Air Lakes Development Order; ancl I Words are clelelcd; words underlined are added. Agenda Item No. 8A March 13, 2007 Page 55 of 160 WHEREAS, lhe Collier County Planning Commissioner (Cepe) has reviewed and considered the proposed amendment and the report and recOImnendations of the South West Florida Regional Planning Council (SWFRPC) and hils held a puhlic hearing on the petition on December 21, 2D06~ and WHEREAS, the Board of County Commis!;ioncrs of Collier County has reviewed and considered the proposed mncndmcnt and the reports of SWFRPC and the cepe and held a public hem'iog on ,2007. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISISONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMEND:\1ENTS TO DEVELOPMENT ORDER A. Paragraph 4, P'indillgs of Fact, of Development Order Number ~5~5, as amended, is hereby amended to read as follows: FINDINGS OF FACT 1. The real property which is the suhject of the ADA is tegally described as set forth in Exhibit A, The-Plarnted Unit De','elofJtH8Rt Deel::lffi6Rt far PiRe Aif-btllces ulta~lleG--fl(,"'fete.-a.-ftd-by-rcferenoc"--ffiftao fI. fHlrt fl~ , , , , 3. The app]jcrlrlt submitted lo the County nn ADA and sufficiency response eO\\'R ElS eemfJosite Exhibi-t-E;--Rnfr--by I'SfefSaee fflaae a Vat1 hereer, to the extent that they are nol inconsistent with the terms und conditions of this order. 4. The applicfmt proposes the development of Pine Air Lakes DR] lli--aflAee Unit De"'elopment, for 148.99 acres which inCludes 25.&7 aaralS fef effiee/..retail mLed use; 103 acres. for mixed use office/retail use: 33.49 acres for l'-lkcs/opcn space; ftPflT€lJ:imatelj 77.12 Beres fer regienal Gommereil.ll; 10.: Rere~' fer )"0m]v:ay.:; and npproximately 1.81 acres of cypress wellfmcls. , * , . B. Paragraph 1, Conclusions of Lnw, of Development Order Number 85-5, us <<mended, is hereby amended to read as [oHows: CONCLUSIONS OF LAW 1. PROJECT [)ESCRIPTION: The ADA for the Pille Air Lakes project proposed a range of ~quare foolage for approvill; however, the transportalion analysis provided by the applicant addressed a project consisting of a total of ~O LQ15.000 square feet of retail ,l11d office commercial use!; as delineated in Paragraph La. hdow. +lte--AD:\ AlaA l'ifl6&iHed. tAat tAB 954~Unr6- f-eet-i-s 6\-llTentlj' pffi~l3~eB RRe tRAt aaElitional ammmts ? illl:le l'~fl:le~tAa if flltllf8 mtll'1:et a::a!y::::i~ [:::8S : ne~~!. Conditions: 2 Words are deleted; words ul1derlilt~ are added. Agenda Item No. 8A March 13, 2007 Page 56 of 160 n. Pine Air Lakes project approval shaH be for the foUawing maximum square footage and uses, subiect to the conversion orovisiolls set f0l1h in paragraplLGJ1~1.b~r~in.;, Total Sa. Ft. 707,000 1.000.000 =.000 75.000 9,7.999 1.075.000 Category Regional Commerci al Retail Office b. Any further request for additional square footage shall be considered by Colliel' County through the Substantial Deviation process pursuant to Chapte,. 380.06, Florida Statutes. c. Paragraph 2, Conclusions of Law, of Development Order Number 85-5, as amended, is hereby amended to read as follows: 2. IlRAINAGEIW A TER QUALITY, The applicaut has proposed a surface waleI' management system that, with an addition to the pl'Oposed "Best Management Practices" (B. M.P. 's) should improve water quality leaving the site and cease to add further to the degradation of Naples Bay. ^dditiona[ly, the project has the potential for locating businesses or other OIl-site uses that could generate special 01' hazardous wastes (i,e" photographic processing, gas station, printing). . . . . Comlitlons: e, VnthiR sbtty (60) days of the y...ritten request from tl=le CeuFLty .^.dministralOl-';-6f--his ElesigRee, De\eJepel' shnllpl'8\'icle: The DevelOl)cr h~s provided n thirty-five (35) foot wide and a twenty-five (25) foot wide perpetual, non-exclusive easement for drainage purposes along the weslefll boundary of the Pine Ail' Lakes project; thirty (30) font wide temporary nOIl.ex.clusive constmction easement which parnllcls a twenty~ five (25) fool wide temporary lIon.exc1usive drainage easement, both of which temporary easements connect with the lemporary drainage easement for the lnke ahuuing the properly's northeastern boundary along Airport-Pulling Road, around which lake the thirty (30) fool lcmpomry construction easement continues; all as more fully described in the dminage conveyance documents dated April 1994, and the drawings attached thereto and prepared by Wilson, Miller, Barton & Peek, Inc., dated February 1994 for File No. 20-403. Said temporary ensemellts arc for the purpose of accepting and transmining 29 acres of Pine Ridge Industrial Park (Northeast Quadrant) drainage through the water management system, and shall be abandoned at lime of Sile Development approval of the area not1h of Edge\':o0d 9fWe Naoles Boulevard. At time of Site Development Plan approval, a twenty-five (25) foot wide perpetunl, non-exclusive ensement for dminage purpos.es shall by dedicate to Collier County and recorded in the public records. * * * . D. Paragraph 4, Conclusions of Law, of Development Order Number 85-5, as amended, is hereby amended to rend as follows: 4. FLOODPLAINIHURRICANE EVACUATION: The prnposed letall commercial and office development contains a large amount of common area that J Words are deleted: words !mdej"JiIlf"& are nelded. Agenda Item No. 8A March 13, 2007 Page 57 of 160 could be used as refuge in the event of a Hurricane. Tllis would constitute a llse of Regioual benefit. Gen,,*,- a, Tl:e A.pplieRHt m'J!it meet \"ith tFle Aflfll'8priate CeHlltj' EmergeRs~' HaRagemsFlt official!) te determine! the f)0t6AtiflI fo!' lIse ef the a8'/eloflmeRt's eemm8f1 areas AS a hHlTieane refugB. E. Par(lgraph 5, Conclusions or Law, of Development Order Number 85-5, as amended, is hereby amended to read as follows: 5. REGIONAL SHOPI'ING CENTER: The proposed Pine Air Lakes regio"al commercial center will contain UD to 1.000.000 square feet of retail space .and un 1075,000 BOUfire feet of office uses for use bY tbe markets of Collier County and south Lee County by 2010. Conditions: * * , , b, In order to ensure that regionnl retail is achieved, there will be tlwee-n minimum of two individual retail llse~, each with a minimum of 70,000 square feel of gross IcnsllbJc area (GLS) located north of Eage 'V8e~ NavIes Boulevard. Further. n majority of the lISes in the Regional Conuncrcial arcn will be restricted to lIses specified in the Planned Unit Development Document that are also within Division G of the Standard Industrial Classification Manual, 1987 edition. c. The Pine Air Lakes Droiccl shall have the rig:ht 10 convert office ~mace into retail snnce or.n::lail space into offic~_ffiacc. with the conversion rate between the different llses to be set forth fiS follows (tile .O;::Q.l1vcrsion rate has been determined bv an eouivalent trin I!enerafion allflly~j$) UD to 50000 sCluare feet of office area can be converted into retail area at the rate qf 100 SQuare feet of additional retail area for every 420 soufl1:e~(eet of office area converted. Additionallv. UD 10 50.000 saUDre feet of rc(ail area can be convened into office area at the !'ale of 100 SOllfll'e feet of a.d~~jtional office area for everv 24 SQuare feel of relail area converted. F. Paragraph G, Conc1u::;ions of Law, of Development Oruer Number 85-5, as amended, is hereby amended to rend ns fo[Jows: 6. TRANSPORTATION: Traffic generated by Pine Air Lakes, when combined with other growtb in the Area, will necessitate substantial roadway improvements, jf level~of-sel'vice "D" peak bOLn.~peak season conditions are to be maintained. Conditions: <l. The developer n-J:nH+-fwevis8 hm;p!J'l:yided a fail' shnre contribution (award the capital cost of tt.affic signals ar ench of the project Recesses on Pine Ridge Road and Airport Roml when deemed warranted by the Count.y Engineer. The signals shall be owned, operated, and maintained by Collier County. , * , . d. The following regional roHUV'/l1j's ~md inlcr::;cctions me projected to he significantly impacted (5% of LOS D - peak hour, peak season) prior to project buildout. 4 Words me deleted; words underlined are added. Agenda Ilem No. 8.'1 March 13, 2007 Page 58 of 160 Significanlly Impacted Roadways are: l. Airport Road . Immel:a~ee Heatl te Va:ndel'bilt BeneR Read . \1flRd6Fbi#-Bea~REl tB Edgew.eod DR, e '* RElgeV/ooel-Dfi-ve ffi Pine Ridge Reaa <- Pine-Ridge.Read teGe!G-Gato-Pal'kway .-Geleen Gate Pari;:"&:. t8 Ratiie Road . Golden Gale Parkwav to Vanderbilt Beach Road . South of Pine Ride:e Road Pine Ride:e Road to Vanderbilt Beach Road 2. Pine Ridge Road < U.S. 4] l<>-Geoalelle Prank Rea<! . Goodlellc-Frank Road to EJ.gewesEl Dl'i.8 Naples Boulevard &JgB\'\'00d Drive Naples Boulevard to Airport- Pulling Road <-AiFperH>lllJffig-Rea~ . Airoort Pulling Road to Livingston Road . Goodlette Prank Road to 1-75 3. Immelmlee Reaa . .\il'j3m1 Pulliag Read 1s 1 75 1. Vanderbilt Bassil Rst\a <-AiFpefl-l'<tllffig-l<aaa 10 Li'iiHg,loll Roaa . Li"iRg<lleiH<eaEi-le-Qlfks-Be~ '-9ako-B<luJeva,d-Ie-begRfl-B<ffiJ""""" Significantly Impacted Intersecfions are: ~ 6, Ahfl8ft PalliA;; Rea€llR-aaie--Ren4 7. .\irport Pl:llliBg ReaE1JGolden Gate Parl:'7ay 8. Airport-Pulling RondlPine Ridge Road 9. Ailport-Pulling Road! /;<IgB..""a Drh, Nap!es Boulevard 1 0, ,"'.jrl'l9fl.-.Fu.l.lffig-Roa~erbilt Beaefi....&eaEI j l. AiFpOlt Pdling Roaal!mmekalee--Read ~ne-RJage Rea<l/GeeElIelle-J'fauk 13, Pine Ridge RoadlEdgew8od Drive Naples Boulevard 14. Naoles Boulevard at Casteo Access ]5. Navies Boulevard III Re.a! Cinema Access 16. NaJ)les Boulevmd at Lowe's Eastern Access e, The upplic.ant shall mitigate its impact on the regional and local roadway and intersections identified herein us follows: i) The Applicant shall make the improvements specified in 6(a), (b), and (c) hereof. iil The Applicant shall be subject 10 alllawfuJly adopted transportation impact fees, iii) The Applicant has constructed sH-aH-ee-l'%flB~e-fef tfls--e~eaeR sf gage':/eeEi--I:)fi.w NavIes Boulevard from its terminus on the southern property boundary to and including the intersection improvements needed at its juncllIre with Airport Road. Tbis roadway is ex-peeled to provide an altemativc 10 and relieve 50me tl'affic pressll1'e 011 the Pine Ridge-Airport Road illtersection, 5 Words are deleted; words underline.g are added. Agenda Item No. 8A March 13, 2007 Page 59 of 160 iv) Applicant shall be required to make the following improvemenl to Airport Road: a) When requesled by Collier County Transportation Department, Applicant has contributed shall 8S1ltfibl:tte the necessary funds (approximately $RO,OOO) for designing six-hme improvements from the currently designed terminus at Cougar Drive to the northe1l1 access point of Pine Air Lakes on Airporl Road. b) At the lime of issuance of the first building permit for vertical constnlctioll in Pine Air Lakes, the Applicant h.'!~ contributed shtill l>e-re&pelHlible-.."-ee,,.ffiHl.iAg (h,' e,orewiAg v'ith ",e-Ge~ the necessary funds to six.lane Airp0l1 Road from its cun'ently scheduled terminus at Cougar Drive north to the 1l0l1hcrn access point of Pine Air Lakes on Airp0l1 Road. The Belua] amount of the contribution shall he the full amount necessary to accomplish the six-hmc improvements as determined by actual bid price. :lfl-.tAe e. eAt that Affi81111t has not beeR eeterFAiRsa at that. point in t-iffie;-lfle aFfJ01:lHt t8 be eSE!J's"'eEl shall be AS es.timateEl 8-) tAB Cmmty +rofiSfH;)ltatioR Def:lSrtm0At Ie aeeompli.sl:t sHiEl &ix-lallo -impreYefl1eHt-s--witlHllleaslllAe-Iefl telm at Et:lge"'eee Dri'18. c) At the time the County Transportation Dcpar1ment deems a second teft tUI11 lane is w~uTnntcd on Airport Road at the Bdgel'oeEl Dri','e Naoles Boulevard intersection. Applicant shall has contributed it's oronortiollatc share of the costs incurl.'~Q to install said second left turn lane at its 6,.pt'J1l68 aAEI eeR-t:f:'ffilfte the funds necessary for any improvements 10 Airport Rand 01' the adjoining canal to aeeoJTunodate the second left ttu'J1lnne. d) Said COIl[libutiollS set forth in (a) and (b) above &Halt.he-have been credited to the Applicallt, his slIccessor or assignees, as 3 road impact fee credit. The amount of the credit shall be the contribution amollnt less any costs required [or the design or constrLlction of site-related improvements. For the purpose of this stipulation, sile-relnted improvements shaU be deemed to be any north bound or south bound turn lanes. deemed required at each ac(;c!)s point Lo Pille Ail' Lakes, signalization costs for the intersection of &!geweeEl Drive Navies Boulevnrd find Airport.. Pulling Road, ,and any canal improvements assocjated with the Pine Air Lflkf'~<; pl'Oject Collier Counly shall agree to use said contriblltion for the sole purpose of the above described six-lane improvements. * * * . I. Except for tb~_~hrcc access 110inl<.; provided on AilU0l1 Road, all AH--access to inc!jvidunl parcels shall be internal. * , , * 11, De"eh~f1FRBAt IlRA]] he limited to pamels--4mmetlialely ucljtu:H:mt to }jrl3srt Rena until easements fer Eageweaa Dlive a~~-fleffiettteEl to the Ce:mty; BEIge I,'SSEl Dri \'e is €-01:slf'.Istea; RBEI the ',:Rter-5J'fltem is loepeJ--..i.n-.oo.e.Ftkmee wi-tlt-lfle L1tilili0!> Di\'isiun's regl:llatioFls finE!. reE'jHirell1entB. G. Pnmgraph 7, Conclusions of Law, of Developmenl Ordor Number 85-5, as amended, is hereby amended tu rcad as follows: 6 WOl'US me deleted; words nnderljn~g .are added. Agenda Item No. 8A March 13, 2007 Page 60 of 160 7. ENVIRONMENTAL CONSmEllA nONS: a. A site dearing plan has been ~ submitted to the Development Service!> Department for review and was aooroved nt)~rEl'(al prior to any substantial work on the site. +his fllaFl mil) be sul31rultea in pR.a&e&--te eaiaeide with tee atWelefffileA~edule. The site elenflRg plan BRait eletlFly selfliet Rev: tlie CiRaI 5ite pluu iRGOrpofates retaiaed aRtive ~e ma:t:ft1HIfl edenl possible aRe Rely,' feRGs;-9uilaings, t&ke&~tflef-fReilitie8 ha-:e beeR erieat6a-4:oaCCOlTIn::le(-ltH:e tJ:is goal. . . . . c. All exotic plants, as defined in the Collier County Land Development Code, have been removed ~~eh pRase sf 88H!ltn:l.slio:A from all development areas, and preservations areas. Following sile development a mnintelHlfice program ,c;hall he implememcd to prevent reinvasion of the site by such exotic species, This plan, which will describe (;ontroJ techniques and inspection intervals, shall be filed with and approved by the Development Services Department. . . . . H. Paragraph 8, Conclusions of Law, of Development Order Number 85-5, as amended, is hereby amended to rend as follows: 8. UTlLITES: A. Water and Sewer 1. Central water distribution and sewage collection and transmission systems have been will--.oe constructed throughout the project development by the Developer pursuant to nJ] CllITent requirements of Collier County and the State of Florida, The proposed water and sewer' facilities ~ have been constructed within easements to be dedicated to the County for utility purposes or within platted rights.of-way. Upon completion of constl1lction of water l:U1{l sewer facilities wHhin the project, the facilities wtH--be hflve been lested to insllI"c they meet Collier County's minimum requirements at "'RisR t-i-me---the-y-w-ill-be-and have been dedicated to the County pursuant to appropriate County Ordinances and Regulfltions in effect at the time dedication is requested, prior to being placed into service. 2. All construction plans and technical spedficalions and proposed pi<lts, if .applicable. for the proposed water distribution and sewage collection and transmission facilities ffiaat-ee hav~~reen reviewed and npproved by the Utilities Division prior to commencement of construction. . . . . 5. An Agreement shall be entered into between the County .and the OWllcr, legatly acceptable to the County, staling that: it) The water sUPDlv and wastewater treatment facilities forJhis proiect are Drovided hv Collier County and no temnorarv 01' interim water treatment facilities ftl'e roouired,-+A~sed ",'ater s1:l13pl) and E1A fi.ite tr.eatment flloilities AflEller en f.ite n:a~te\'l3.tBr ti:eattrent aH8 dispB5RJ faeitities,.---if refJuired. R~': te Be 89115u'u61ed as part-of-..tfl8-pTupesefr.pFo:ieet and mast bo regarded as inlerilfl~ tRey :;hflll t:le-eeRBWHeted to Stute--A-fl€l..-Fe€leffil. stRA8an." amI are to be 8wned, oflerated, m:d maiR~:y--the--GwR:ef-; 7 Words are deleted; words underlined are added. Agenda Item No. 8A March 13. 2007 Page 61 of 160 fl.i.&--.a-ss-i-gflS or S1I8eeSBSfS l1ntil 51:3611 time as tl16--Getmty's CefltFal Water F<ac--tti-t~efflr (SHtrer Ee'.:er Fflsilities Are available to ser\'iee the J3f$e" ~Afleette>>---ta--tfle--Geunly's Centrel V7Ater PaeilitieEi, andlor Geffiml. Sewer Pf\eiliti8&;--tfle--Gwner,..his-ass-igns-er 81:1eeeSSors shall a9am:lon; dismantle, AAa rSlf'Aw'e {rem t~e site the interim ..8t8r RfJElJel' 68v:age trenlFflent faeilit~' Rue clisee~f-tRe---wat8r sl1fJpl~' 6e~~ ilppJ.ioo&:le, in Ii f11QRRer SflH&!stent v hlci ~tate of.Fknisfl stm~aards. .^.ll \':or[~ related \,ith this aeti':ity SHall ee j'JeJ'f8Ilned at ne e~e CeLlRt)'. b) Connection to the County's Central Water and /01' Sewage Facilities will be lTIilUe by the owners, their assigns or successors at no cost to the County within 90 days nfrer such faciJitief> become uyuilnble. c) All construction plans and technical specifications related to connections to lhe County's Central Water .1IId/or Sewer Facilities wf.H.-be have Q~el! submitled to the Utilities Division for review and approval prior to commcncement of construction. d) The owners, their assigns or successors shatl ngrce La pay aU applicable system development chnrges at the lime that Building Permits are reC]uired, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be mnde known 10 all prospective buyers of properties for which building permits will be required prior to the start of building construction. e) The Coul1ly. at its option, may lease for operation and maintenance the water distribution andJor sewer collcction and transmission system to the project owner or his assigns for the sum of $10.00 per year. Terms of the lew:;e sball be determined upon completion of the propos.ed u(iHty construction and prior to activation of lhe water Sllpply, treatment and distribution facilities and/or lhe sewnge collection, transmission and treatment facilities. . . . . D. The project Developer shall coopernte ond coordinate with the Utilities Division and Public Works Department on (he installlllion of (he proposed oIJ-I;1te package seWAge treatment plant. +tWi~lanned utility ifflflroveme'RtFl fer gcctioH--W- rl::lt'SI1Hnt Ie the 01'eAtion of tAe--Pine.Rjdge-IndH5'tFial Part M$TL' ::All fDf all r.e'.\'age HfHfl-Soeetif;lr1 11 10 be treated at a-G6fltral ElF! site '.reut1H:::Rt f:aellit)' Of-at---a-n- aUernaJ~uHt) Regienal Se"'Rge TreRt-ment..Faeilit:" Carer-HI plRnAing "'ill be retfUired-te-iHl:lure all onlerly cle','elopmeRt aAd GOAstr:.w-tffln..ef (,he se'1'e1' s)'lStefH-.1-fi4 trcattoonl-ku:Ji I it;., to serle this projeet aFle SeGtien-l.l-:--The. w.aler smmlv flnd .wastewater treatment facilities for this nroiect nre..1KQ.vided bv Collier County and .I1QJemQQLarv or interim water treatment [acilities are l~equjrcd. L The Conclusions of Law Section of Develupmenr Order Number 85-55, as amended, is hereby .amellded to add a new Paragraph cntiLled "Housing" to rend as follows: 9. HOUSING: To satisfy the Pl'Oieces affordable housilH! impacts cumulatively the !!policant's mitie:ation for commercial and Qffice uses sh.all be $206.424.00. These JJ.l-J!ds shall be nuid Lo 'he Collier County Affordable Housinf! Trust Fund at issllnnee of Q.l1ilding permit. If more than one building p~rmit is invol....ed. then the payments shall bel~I9rated on U .50 cent ocr SQuare fool!H!e basis with a portion bcine: collected al the issml1lr~.of each buildil1l! Dermit. 8 Words <l1"C deleted; words underlined are added. Agenda Item No. 8A March 13, 2007 Page 62 of 160 L. Paragraph 3, of the Future Resolution Section. of tbe Development Order Number 85-5, as amended, is amended to read as follows: BE IT FURTI-lER RESOLVED, by tbe Board of County Commissioners of Collier County, that: . . , , 3. This Development Order~ termination date and Ule project buildollt date shall be tbe same dale wbicb is October 14, ;lQOO 2010. SECTION TWO: FINDINGS OF FACT A. That the real property which is the subject of the Substantial Deviation ADA is legally described as set fortb in Exhibit A, allaehed hereto and by reference made a part bereof. B. The application is. in accordance with Section 380.06(19), Florida Statues. C. The applicant submitted Notification of Proposed Change to a Previously Approved Development of Rcgionat Impact (DRI) pursuant to Subsection 380.06(19), Florid. Statues. D. The applicant proposes the development of Pine Air Lakes on 148.99 acres of land in Collier County for commercial retail and office uses. E. The proposed chmlges to (he previously approved Development Order 3re consistent with the rcp011 and rec01mnel1dalions of SWFRPC. F. A comprehensive review of the impact generated by the proposed changes. to the previously approved development has. been conducted by the County's depurtmcnts and the SWFRPC. G. The development is not in aD area designated an Area of Clitic.al Stale Concern pursuant to the provisiuns of Section 3&0.06, Hodda Stahltes, as amended. SECTION THREE: CONCLUSIONS 01' LA W A. The proposed changes to the previously approved Development Order do constitute a ~tlbstantial deviation pU1'su~nt to Section 380.06(19), Florida Statutes. The scope of the development to be permitted pursuant to this Development Order Amendment includes operations described in the Notice of Change to a Previously Approved DR!. 13, The proposed changes to the previously approved Development Order are consistent with the report and recommendations of the SWFRPC. C. The proposed changes to the prcviously approved developmcnt will Ilot unreasonably interfere with ~he achievement of the ohjectives of the IIdoptcd State Land Development Plan applicable to the area, D. The proposed changcs to tlie previously approved development arc consistent with the Collier County Growth Management Plan and Collier County Land Development Code adopted pUt'suant thereto. 9 Words are deleted; words underlined are added. .L\genda Item No. 8A March 13. 2007 Page 63 of 160 E. Tbe propo~etl chHnges 10 the previously approved development are consistent with the State Comprchcnsi \Ie Plan. SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE A. Except as llmended hereby, Development Order 85-5 shall remain in full force and effect, binding in accordance with its terms on all parties thereto. B. Copies of this Development Order Numher shall be transmitted immediately upon execution 10 the Department of Community Affairs, Burcnu of Lund aud \Vntcr Management, and (he Southwest Florida Regional Planning Council. C. This Development Order shall wke effect as provided by law. BE IT FURTHER RF..SOLVED that this Resolution is recorded in the minutes of this Board. THIS RESOLUTION ADO]'TED this _ day of ,2007, after a mol ion, second, and majOliLy vole. A TIEST: DWIGtIT E. BROCK, CLERK BOARD OF COUNTY COMMlSSIONERS COLLIER COUNTY> FLORIDA By: ,Deputy Clerk , Chairman Approved as La form and legal sufficiency: ~0 10 Words are deleted; words underlined are added. COLLIER COUNTY GOVERNMENT DEPT. OF ZONING.'& LAND DEVELOPMENT REVIEW ., WWW.COLLlERGOV.NET '(i ..' ....",....... ...",.,'" 2800 NORTH HORSE~<;la.~21 No. 8A """''iIIl'Jf1:l\'"13,2007 NAPLES, FLORIDA 34104 Page 64 of 160 (239) 403-2400 FAX (239) 643-6968 PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER . DOA_2005-AR-8543 PROJECT #19990038 DATE: HIl/05 i MICHAEL BOSI ] Above to be completed by staff I "',,:"h"- ;';'-'1; i:_:j,fYf:;:i:~:::;~!:;,i:U:;,:]:\,:;il;~M!,i: ::;i~j~;:~'~B~le~~t:;Ji'I~F~",~t~~,~:~;i1:~ "~;-">'i'; \:'~~J~;;::n~!:~:; i;~:%!\fi _joe,::;':':' I APPLlCANT(S) AIRPORT ROAD LIMITED PARTNERSHIP ADDRESS 800 SEAGATE DR.. #302 CITY NAPLES TELEPHONE # 239-261-2995 CELL # E-MAIL ADDRESS: STATE FL ZIP FAX # 239-261,4278 34103 Is the applicant the owner of the subject property? [gJ Yes ONo o (a) If applicant is a land trust, so indicate and name beneficiaries below. o (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockhoiders below. o (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. [gJ (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. o (e) If applicant if a lessee, attach copy of iease, and indicate actual owners if not indicated on the lease. o (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) nome and address below. Daniel Aronoff is President of Airoort Roaci Inc.. A general oartner of Airoort Road Limited Partnershio See attached Exhibit detailin~ orooertv ownershin (If space is inadequate, attach on separerie page.) I AG~!iIT I~FO!l~TION i.:":""" Agenda Item No. 8A March 13, 2007 ~ 6r < ~fO ,~,;,:~:;,:~:,,;;~ ~r_:;"o'~'.r ;'," -, ",ij;':'T:,::,i"":'::::1i'::.'.'''tE::''''',:- NAME OF AGENT RICHARD YOVANOVICH OF GOODLETTE COLEMAN & JOHNSON ADDRESS 4001 TAMIAMI TRAILN SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239-435-3535 CELL # FAX # 239-435-121 B E-MAIL ADDRESS:RYOVANOVICH@GCJLAW.COM BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. I' PROPERTY INfORMlO;TIO'N ..1 PUD ORDINANCE NAME Pine Air Lakes PUD NUMBER: Ord#94-25 Detailed le~al 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 far properly 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. See exhibit 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. SectionjT owns hip jRange Lot: Block: 11 49S 25E Subdivision: Plat Book Page #: Properly 1.0.#: 66760001723.6676000274. 6676000036B. 66760011027.66760011302.66760010345.66760010303.66760002120. 66760001B20. 66760002065 Metes & Bounds Description: See attached Size of prooertv: ft. X ft. = Total Sq. Ft. Acres 14B.99 Address/eeneral location of subiect property: West and contil!1lous to Airoort Road. parallel to and aoorox. 1.600 feet north of Pine Rid~e Road: aoorox. 1.300 feet west. the boundary iogs south then west again aoorox. 1.300 feet oarallel to Pine Ridge Rd. Does the owner of the subject properly own properly contiguous to the subject properly? If so, give complete legal description of entire contiguous properly. (If space is inadequate, attach on separate page). No Section/Township/Range / / ___--.!...~t: Plat Book Block: Page #: Subdivision: Properly 1.0.#: Metes & Bounds Description: r I '. .~~. . j,..",',,;; ".C';,. .' ;;,.".," ";",;'., ,';:';';~:,!; .n.:r.; .. DETA'tL'OFREnU'E$' ,,"".' '.'. '.," ,;;' "ik,.",::" :__ .,. -, , ' .,-'," .,,'-; _,;,~. '''~: _{1' ::cr'~:~,r";~';;::'~~">iii ::!:,,~--': '. ,. I' . Ai"'llfJ~"..,ii"I''','''', ~A ': "',- i, - ,,;:,:;~,,!:::;~::,:,;;;;:j!:it1fgr~hi::1:;~::"!:?n-~ 7 Page 66 of 160 TYPE OF AMENDMENT: [SJ A. PUD Document Language Amendment [SJ B. Development Order Languoge Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN? [SJ Yes 0 No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? [SJ Yes 0 No IF SO, IN WHOSE NAME? Airport Ropd limited Partnership PETITION #: DOA2004,AR5317 DATE: 9/28/04 HAS ANY PORTION OF THE PUD BEEN [SJ SOLD and/or [SJ DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND lOR DEVELOPED? 0 Yes [SJ No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove all public hearing advertising sign (s) immediately Agenda Item No. 8A March 13, 2007 Page 67 of 160 EXHIBIT A PROPERTY OWNERS Airport Road Limited Partnership Sembler/Gaeta Naples Partnership #1, Ltd. SW Florida Restaurant Holdings, LLC (Dairy Queen) TIB Bank of the Keys Best Buy Clean Pursuit Costeo Wholesale Corporation Lowes Naples Plaza Limited Partnership Realty Ineome Trust Tompkins Foster, as Qualified Intermediatry for Bailes Family Limited Partnershop Boulevard Shoppe, LLC Pine Air Lakes Community Development District r 't"~n , . " !' '.,., ~ ~\:: ::. ';'" . ;:., . "" '.',' . .' .~.. ":,' ...... . Agenda Item N." 8A. 'Mar~h'13;,2007 . . Page.6E\ol16CJ.. :.. .' ..' . , .,.. ..\->.:' .' .... . .. .' <':.'. ..,: , ',. '.'r.' ',., ,.... ..' , .' ~- ;: " .' i ,....: "'" ,. " . I ;'~', ,:.,',' ~ ..:'. '., F. '. .~" '; . . . .; '.,' :. . , ,', .,:.,'. .... . , .... -.' " .' .. ... ( EXHIBIT. B " p.lrcel or tnc.tor hnd lying in Section 11, Tawnshlp ~9 South. Range 25 Ea~t, Collier County, florid.. being des~rlbed as follO'W~: Corrmencfng It the HortheAst' ~orner of said Section ll~ run 5 oo021'~7' II along the EHt lint of said Stctlon 11 a dlstan~e of 1318.86 fe~t; thence S 88047'13. II 100.04 fe~t to the POlKT OF 8EGIHHI~G and the ~sterly right-of-way line of County Road Ho.31; thence continue S 88o~7'13' II 26S~.06 f.et;' thence S 0100S'27" E 1316.71 feet; thence S 01005'18' E Ij16.78 feet; thence Ii 88051'31" E 1341.42 feet; thence Ii 00018'58" II 329.45 feet; thence H 88050'57' E 1245.82' feet to the IJesterly right-of-way line of County Road Ho.31; . thence Ii 00027'18' E along said rI9/:1t-of.way line 989.28 feet; thence Ii 00027'40' E along said right-at-way line 1318.80 (e~t to the POIKT OF BEGIHlilliG: '. Said par~el or tract contalnlng.148.g9a~rc~. IllOre or less. Subje~t to easements, resti-l~tions and reservations of record. Bearings based on . bearing of Ii 00027'47" E on the East line of the KE~ of Se~tion 11. Township 49 South, Range zS East, Collier County, Florida. -( . This description lllects the Hlnillll.lll Technical SUndards IS , set forth by the Florida Board of land SurveYOr1. pursuant to Chapter 472.027, Fl~rida Statutes. . Agenda Item No. 8A March 13, 2007 h 0 .' Well, Daniel J. Aronoff 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 owner Well fu,er thorize Richard Yovanovich of Goodlette. Coleman and lohnson to",act a our Imy representative in any matters regarding this petition./ Signature of Property Signature of Property Owner Airport Road Limited Partnership By: Airport Road, Inc. Its: General Partner By: Daniel J. Aronoff Its: President Typed or Printed Name of Owner Typed or Printed Name of Owner r .' . h Agenda Item No. 8A 'The foregoing instrument was acknowledged before me this __LItL day OfMarch 13, 2007 ., Page 70 of 160 September, 2005, by Daniel J. Aronoff who IS personally known to me or has , produced _______________________as identification. H lC.t+I~ State of rlOI ida County of -Culli~r OA.Ia.A0]> S-,/ ~11.~~ ~-------~------------------ (Signature of Notary Public - State of F-Io, ida) . _ " klC.l-\--{~ -kRl%:.TIt:2L_~..:__0_~~~~ (Print, Type, or Stamp Commissioned Name of Notary Public) Kristine A. Mac Donald Notary Public Oakland County My Commission Expires on 10/13/2011 P";. ,.:Qiv<fsion..of Corporations '~xh;ibllf~'I" ,.tA~~ti~~gfi,MW,j28A . March 13, 2007 Page 71 of 160 Florida Limited Partnership AIRPORT ROAD LIMITED PARTNERSHIP ---.....-1 PRINCIPAL ADDRESS 800 SEA GATE DR. SUITE 302 NAPLES FL 34103 Changed 03/28/2003 MAILING ADDRESS P.O. BOX 893 BLOOMFIELD HILLS MI 48303-0893 Changed 04/27/1998 Document Number A96000001303 FE! Number 59339273 t Date Filed 07/08/1996 State FL Status ACTIVE Effective Date NONE Last Event REINSTATEMENT Event Date Filed 04127/t998 Event Effective Date NONE Actual Contribution 100.00 R dA eglstere ,gent I Name & Address I ARONOFF, JANET Y 800 SEAGATE DR. SUITE 302 NAPLES FL 3A 1 03 I Name Changed: 04127/199& I I Address Changed: 03128/2003 I General Partner Detail 'I Name & Address \\Documentll http://ccfcorp.dos.state.f1.us/scripts/cordetexe?al =DETFIL&nl =A9600000 1303&n2=NAM... 9/2/2005 T ,....~ ,. ,., Bivlsion;ofi::brporations -, , ,,~:<;i'it;,~'t~~-:[''';i~r-'1__~-''/~ 'c.: ~.~_-:", :ki/i;'gglf~~'~ ~B2s'}C i., March 13, 2007 Page 72 of 160 . . AIRPORT ROAD, INC. 800 SEAGATE DR. NAPLES FL 34103 1\ Number I P960oo057691 ~.__._.,----_....._,-,._-_._--_._-"--------_.,----_.--.----.--'".-..- ~ ua epo S I Report Year II Filed Date I I 2003 II 03/28/2.003 I I 2004 II 04/3012004 I I 2005 II 0413012005 I Ann lR rt lii~.$~E_~ t~~ali'.!i$lf&i~g".ti ~~ljjm!iO~~.( View Events No Name History Infonnation Document Images Listed below are the images available for this filing. 04/3012005 - ANN REPIUNIFORM BUS REP 04/30/2004 - ANN REPIUNIFORM BUS REP 03/2812003 - ANN REPIUNIFORM BUS REP 04/0412002 -. COR. ANN REPlUNIFORM BUS REP 05/0112001 - ANN REPIUNIFORM BUS REP 04/1912000 - ANN REPIUNIFORM BUS REP 12/15/1998 -- ANNUAL REPORT 04127/1998 REINSTATEMENT 11/19/1996 - ANNUAL REPORT TillS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://ccfcorp.dos.state.fl.us/scripts/cordet.exe?al =DETFIL&nl =A96000001303&n2=NAM... 9/2/2005 ,_ .. ...~.~h ,_"'.' '._ ,. .. '"'J.'iIViSibiFof'Corporaticins .' - ;Alh~rlaRir!llmfuf.:aA1:t".,. " March 13. 2007 Page 73 of 160 Florida Profit AIRPORT ROAD, INC. PRINCIPAL ADDRESS 800 SEAGATE DR STE 302 NAPLES FL 34103 Changed 03/27/2003 MAILING ADDRESS P,O. BOX 893 BLOOMFIED HILLS MI 48303-0893 Document Number P96000057691 FE! Number 593392731 Date Filed 07/08/1996 State FL Status ACTIVE Effective Date NONE R dA t eglstere I..gen I Name & Address I ARONOFF, JANET 800 SEAGATEDR STE 302 NAPLES FL 34J03 I Name Changed: 04/23/1998 I I Address Changed: 03/27/2003 I ,,,.,,-,. OfficerlDirector Detail BLOOMFIELD HILLS MI 48304 II Title I D Name & Address ARONOFF, DANIEL J 38500 WOODW ARD A VENUE SUITE 310 II Annual Reports II ,( 1._.IIM~on~,1M cto1~ f1 nd<r.nnt</c.r\TI,,,t "",,?~1 =DF.TFIL&n1 =P96000057691&n2=NAM... 9/2/2005 "'-"~''"-----'_''~_._''._'-- .,.. ~,.._;':'" :'/v"'~1,7;;.1~, ;(S-r:'"... ,.;,':., . _ :- _ ." . .,~ 'Division: ofCorporilticins .:.~ ~:;~..(~t.~vIr~~I;.hi~~~i:;;:"E: ,':~ ';'- " ": ..,,,,,,,,,,,:'ti~~"'''M1_'''~ '.' :""~'I::M'maq.5"H'''''-u..L~''''1o.~-.,~:',,... March 13, 2007 Page 74 of 160 I Report Year II Filed Date I I 2003 Ii o~m /2oo~ I I 2004 Ii 0510~/2004 I I 2005 \I 04/22/2005 I fr"if~JiW~~~ifj No Events No Name History Information l,tile~i~ :1'~"-'u,,~ "~ fw"~tev~os'~Jil;l..li,,,,:l "'~,l' . 'c.._,_." .,,'e,._ ,.,", ~ Document Images Listed below are the images available for this filing. 04/22/2005 -- ANN REPIUNIFORM BUS REP 05/03/2004 - ANN REP/UNIFORM BUS REP 03/27/2003 ANN REPIUNIFORM BUS REP 04/1 0/2002 COR - ANN REPIUNIFORM BUS REP 05/14/2001 ANN REPIUNIFORM BUS REP 04/25/2000 ANN REPIUNIFORM BUS REP 04/22/1999- ANNUAL REPORT 04/23/1998 ANNUAL REPORT 07/17/1997 - ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT '-~.II_^.cM_ ~M ,","'0 f1 nolo~";"to/~.(ml"t ""p.?" 1 =DETFlL&nl =P960000S7691&n2=NAM... 9/2/2005 ,_. ~ ,.,. ,. . ~.~ ,.. .,' .~., Agenda It6mNo8A March 13, 2007 Page 75 of 160 QUESTIONS 2.3 - APPLICANT INFORMATION 2. Owner/Developer (name, address, phone). State whether or not the owner or developer is authorized to do business in the State of Florida pursuant to the provisions of Chapter 407,F.S. Airport Road Limited Partnership, a Florida Limited Partnership, by Airport Road, Inc., its general partner Jason Wagner, Vice President 800 Seagate Drive, #302 Naples, FL 34103 Phone - 239-261-2995 Fax - 239-261-4278 Developer is authorized to do business in the State of Florida. Please see Corporation documents as Exhibit A. 3. Authorized Agent and Consultants (name, address, phone). Agent: PMS, Inc. of Naples Karen Bishop, President 2335 Tamiami Trail North, Suite 408 Naples, FL 34103 Phone - 239-435-9080 ext 3 Fax - 435-9082 E-mail: karenbishop@pmsnaples.com Consultants: Pavese Law Firm Neale Montgomery 1833 Hendry Street Fort Myers, FL 33902 Phone - 941-334-2195 Fax - 941-332-2243 Goodlette Coleman and Johnson Law Firm Richard Yovanovich 4001 Tamiami Trail N., Suite 300 Naples, FL 34109 Phone - 239-435-3535 Fax - 239-435-1218 DOA_2005-AR-8543 PROJECT #19990038 DATE: 1111105 MICHAEL BOSl \ " r t ,..~ .:; ;-;:,:';;.~.": -~. ; "' .'-';"':.">.,>;'V, 'Agenda ItenfNo. SA' . March 13, 2007 Page 76 of 160 Johnson Engineering David Willems, P .E. 2158 Johnson Street Fort Myers, FL 33902 Phone ~ 239-334-0046 Fax - 239-334-3661 Metro Transportation Group, Inc. Ted Treesh 12651 McGregor Blvd. Suite 4-403 Ft. Myers, F133919 Phone - 239-278-3090 Fax - 239-278-1906 Fishkind & Associates Russ Weyer 1415 Panther Lane, Suite 248 Naples, FL 34109 Phone - 239-254-8585 Fax - 239-591-6601 Daniel Trescott DRI Coordinator SWRPC 1926 Victoria Avenue Ft Myers, Fla. 33901 2 " , A''',: .... '" ,< . A~ehda Itilm No. 8A March 13, 2007 Page 77 of 160 OUESTIONS 4-7 - DEVELOPMENT INFORMATION 4. Attach a notarized authorization from all persons or corporations (or authorized agents of said persons or corporations) having fee simple or lessor estate in the site indicating that each of these parties is aware of, and concurs with, the development of this property as described in this Application for Development Approval. Include the names and addresses of all parties with an interest in the property. In addition, include descriptions of an other properties within one-half mile radius of the DR! site in which any of the parties with an interest in the DRI site hold a fee simple or lessor interest. Please find copies of the notarized authorization forms attached asExhibitB. The following list is the parties with an interest in the property that mayor mily not be developed: Airport Road Limited Partnership Sembler/Gaeta Naples Partnership #1, Ltd. SW Florida Restaurant Holdings, LLC (Dairy Queen) TIB Bank of the Keys Best Buy Clean Pursuit Costco Wholesale Corporation Lowes Naples Plaza Limited Partnership Realty Income Trust Tompkins Foster, as Qualified Intermediatry for Bailes Family LimitedPartnershop Boulevard Shoppe, LLC Pine Air Lakes Community Development District 5. Attach a legal description of the development site; 'Include section, toWnship and, range. Please find the legal description attached as Exhibit C. 6. Have you requested a binding letter of interpretation ofDRl status or vested rights, clearance letter, agreement or preliminary development agreement from the Department of Community Affairs? If so, what is the current status of this determination? No 7. List all local governments with jurisdiction over the proposed development. Collier County 3 r -".,,- ,"-.........,. ".,., .. . ."",,". ." n"", . ',~ . AgendB Item Nd.8A' March 13, 2007 Page 78 of 160 OUESTlON 8 - PERMIT INFORMATION 8. List all agencies (local, state and. federal) from which approval and!or a permit must be obtained prior to initiation of development. Indicate the permit or approval for each agency and its status, Indicate whether the development is registered or whether registration will be required with the Division of Florida Land Sales, Condominiums and Mobile Homes under Chapter478, Florida Statutes. Indicate whether the development will be registered with the H.U.D., Division of Interstate Land Sales Registration or with other states. Not Applicable. PART II. GENERAL SECTION OUESTlON 9 - MAPS The following maps must be provided as a part of the ADA. The appropriate scale for each map should be determined at the preapplication conference. MapA. MapE. MapC. MapD. MapE. MapF. MapG. A general location map. Indicate the location of any urban service area boundaries and regional activity centers in relation to the project site. A recent vertical aerial photo of the site showing project boundaries which reasonably reflects current conditions. Specify the date the photo was taken. A topographic map with project boundaries identified (contour intervals from one to five feet should be determined in consuItation-with-the--appf{)pciatecJ'~naLplannillg . council and other reviewing agencies at the preapplication conference)~1il1e.ate"",~""=~:cc,:::,,",. I OO-year flood prone areas (including hurricane-flood7:one-s:l-and-indi<late"majorc.landc.-- surface features. If applicable, delineate the coastal constniction control line. A land use map showing existing and approved uses on and abutting the site. Theuses shown should include existing on-site land uses, recreational areas, utility and drainage easements, wells, right-of-way, and historic, archaeological, scientific and architecturally significant resources and lands held for conservation purposes. A soils map of the site. Not Applicable A vegetation associations map. Not Applicable A location map of all transects, trap grids, or other sampling stations used to determine the on-site status of significant wildlife and plant resources. Show location of all 4 , Agenda 'item No. SA March 13. 2007 Page 79 of 160 observed significanfwildlife and plant resources, and show location of suitable habitat for all significant resources expected to be on-site. Not Applicable Map H. A master development plan for the site. Indicate proposed land uses and locations, development phasing, major public facilities, utilities, preservation areas, easements, right-of-way, roads, and other significant elements such as transit stops, pedestrian ways, etc. 1bis plan will provide the basis for discussion in Question IO-A as well as other questions in the ADA. Map!. A master drainage plan for the site. Delineate existing and proposed: drainage basins, flow direction, water retention areas, drainage structures, flow route offsite, drainage easements, waterways, and other major drainage features. (1bis information may be presented on two separate maps (existing and proposed), if desired.) MapJ. A map of the existing highway and transportation network within the study area. The study area includes the site, and locations of all transportation facilities which are substantially impacted. This area should be finally defined on the basis of the findings of the traffic impact analysis, including determinations of where the criteria for a substantial impact are met. Map J will become the base for the maps requested in. Question 21. This map is located in the traffic analysis done by Metro Transportation dated 6/23/05. 5 r v,. , Agenda Item No. 8A March 13, 2007 Page 80 of 160 OUESTION to-GENERAL PROJECT DESCRIPTION Part I Specific Project Description A. Describe and discuss in general terms all major elements of the proposed development in its completed form. Include in this discussion the proposed phases (or stages) of development (not to exceed five years), magnitude in the appropriate units from Chapter 28.24,F,A.C., where applicable, and expected beginning and completion dates for construction. " Pine Air Lakes DR! is an existing Mixed-Use CommerciallRetail projectthat lies within Collier . County Regional Activity Center No. 13, northwest of the Airport RoadIPine Ridge Road intersection, and was originally approved in 1985 for 1,280,600 square feet. A revision theDRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build-out date from October 15, 2000 to October 14;.2005 was approved, As of March 31, 2005, 372,476 square feet of office and commercial uses are completed. An additional 202,225 square feet are either permitted or under construction for a total of 574,701 square feet in various stages of development. All of the required water management system is: permitted through the SFWMD with approximately 80% of the total water management system . either.completed'or under construction and scheduled for completion in late 2005. The: backbone drainage system is completed as well as the roadways and. are turned over to Collier County. Since approximately Y, of the project is already either constructed or in the permitting stage, a build-out of five years is not unrealistic. . ~ B. Provide a breakdown of the existing and proposed land uses on the site for each phase of development through completion of the project. The developed land uses should be those identified in Section 380.0651, F.S. and Chapter 28-24, FAC. Use Level III of the Florida Land Use and Cover Classification System: A Technical Report (September l-98S),availaol~'frOm~'Cli,+egi.iJii<il::pl:aiming"."-..,, counciL Refer to Maps 0 (ExistingLand.Use}and-H{Master_~1an)~oUsecthe.JormaLhelaw-,ancltr~t~~...~~.= each land use category as mutuallyexc1usive unless otherwiseagreedto.at-the preapplication......... . conference. C. Briefly describe previous and existing activities on site. Identify and constraints or special planning considerations that these previous activities have with respect to the proposed . development. This site is an existing Mixed Use CommerciallRetail site. We intend to continue to develop the site in this manner and have no special planning considerations. D. If the development is proposed to contain a shopping center, describe the primary and secondary trade area which the proposed shopping center will serve. The Primary Trade Area wiII be the area generally bounded by Golden Gate Parkway to the South, Vanderbilt Beach Road to the North, I-75 to the East and Goodlette-Frank Road to the West. 6 , ~, .' ,. . Agenda Item No. SA . March 13. 2007 Page 81 of 160 The Secondary Trade Area will be the area generally bounded by US-4 I to the South, Collier Boulevard (CR-95I) to the East, Immokalee Road to the North and US-41 to the West. Please note that this is a mixed use project with free standing buildings that range from mid-size to large-size formatted retail providers which is not classified as a shopping center. E. Describe, in general terms, how the demand for this project was determined. The demand for the project has been market driven. The initial phases of the development have been well received by large national and regional tenants that purchased properties and constructed stores such as Lowes, Costco, Regal Hollywood 20 Movie Theatres and Best Buy. Recent development has been more local "infill" development that is seeking locations in close proximity to the established retailers. This is evidenced by the Naples Boulevard Car Wash, smaller neighborhood-type conventional shopping centers (2 currently in permitting), the TIE . . Bank of the Keys building (in permitting) and the Wild Oats anchored shopping center currently under construction. Part 2 Consistency with Comprehensive Plans A.. Demonstrate how the proposed project is consistent with .the local comprehensive plan and land development regulations. Indicate whether the proposed-project will require an amendment to the adopted local comprehensive plan, including the capital improvements element If so, please describe the necessary changes. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is clearly consistent with local comprehensive plan and land development regulations. This project is located in Activity Center No. 13 where uses are suggested to be clustered. The property is located ,near arterials andprovidesreliefto. the Noctl:bA.ilpm:t,R,oad . . Since it is an approvedJ'UD,-.it..pw'I.ides-ccnsistency.with.the.LD.CTherevisionla;,this:application will not require an amendment to the adopted local comprehensive plan, includili:gcme-capitat=c:-.c;o.. ; improvements element. B. Describe how the proposed development will meet goals and policies contained in the appropriate Regional Comprehensive Policy Plan. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project meets goals and policies contained in the Regional Comprehensive Policy Plan. The revision to this application will continue to meet the goals and policies in conjunction with growth and the issues of access. This area is well suited for development since it is affluent in water, wastewater, recreational and other facilities for the existing population and the expected growth. This project provides adequate infrastructure to support the development of an area that is within a major public transportation corridor. Clean drinking water, along with treated wastewater and stormwater, is essential for expanding the economy and maintaining quality of life are provided by this site. To make flood-protection efforts compatible with environmental protection, drainage is accomplished through streets, parking lots, storm sewers and on-site detention/retention systems that do not harm the ecology of protected natural areas. Stormwater quantity and quality 7 ,.-< "<,.- . """"..,' '..-- Agenda Item No, SA March 13, 2007 Page 82 of 160 level of service standards are consistent ",ith those recommended by the SFWMD through our permit. The site also maintains the character of the area by encouraging compatibility of adjacent land uses. Naples Boulevard provides the safe transfer of people and goods efficiently which, in turn, promotes economic strength whether through sales or employment. This part of Collier County has changed dramatically since the DR! waS approved. The property is located in an activity center in the comprehensive plan. This is an area where the county expects, and has provided for intense commercial uses. To the north ofthis site is an industriallbusiness park, to the south and east are intense commercial uses. This commercial site functions better than much of the commercial located along Pine Ridge Road because the access points are appropriately located and function well, and because the center was designed in a. manner that permits intemaltrip . movements without the need to traverse public roads, other than the public road provided by the center. Much of the commercial along Pine Ridge is strip commercial that is p00rIy designed and doesn't function well. This area functions asa destination as one would anticipate ,in an activity center. Much of north Collier County has developed in exclusive gated communities that are strictly residential, and which do not provide any interconnections. This center provides much needed interconnection, and meets the commercial needs of the residents in the nearby residential communities. C.. Describe how the proposed development will meet goals and policies contained .intheState , Comprehensiv.e-Plan (Chapter 187, F.S.), including, but not. limited to, the goals addressing the following issues: housing, water resources, natural systems and recreational lands, land use, public facilities, transportation, and agriculture. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit . Development designation, this project is meets goals and policies contained in the State Comprehensive Plan (Chapter 187, F.S,) The revision to this application will 'COntinue to meet the . goals and policies. This project accommodatflS..gfowth in'an etlwQI1Inentallo/,acGeptohJ~" '. ""'" ,,,,-,::Oi6;-_""+7C" livability and character is enhanced throughth€HIDcouragementof an:attractiveandJunctional,mixoL~c._ ....0 working, shopping and entertainment. ,The transportation system provides citizens, and visitors with timely and efficient access to services, jobs, markets and recreation. This area is also compatible with existing local water supplies and stormwater quantity and quality level of service standards are consistent with those recommended by the SFWMD through our permit. 8 ,. . . . AgendalternNo sA March 13. 2007 Page 83 of 160 PART 3. DEMOGRAPHIC AND EMPLOYMENT INFORMATION A. Complete the following Demographic and Employment tables. Future Phase 2006-2009 TOTAL (1) 2004 Florida Population Studies: No. of Households and Average Household Size in Fiorida: Aprii 1, 2004, Bureau of Economic and Business Research, University of Florida U.S, Census Data, Census 2000 used to adjust total population for seasonality (2) Provided by Florida DOE 2004 Public Schools Membership and 2004 BEBR Coliier County PPH 3 2004 Florida Po ulation Studies, Po ulation b A e, Bureau of Economic and Business Research, Univers' of Florida Fishkind & Associates, Inc. has estimated the expected employment from the Pine Air Lakes DR!. We have further distributed this employment based on expected salary ranges and the historic ES-202 wage and employment data for Collier County. Below, Table 10.3.2, Total Employment at Pine Air Lakes DRI shows the expected employment for the Pine Air Lakes DR!. Table 10.3.3, Average Income Collier County shows the average wage based on 2003 ES-202 data. Table 10.3.4a, Expected Employment by Income Group: Pine Air Lakes DRI shows the Fishkind & Associates, Inc. estimate of employment by Income group in the future phase. Table 10.3.5, Expected Employment by Job Type: Pine Air Lakes DRI shows the Fishkind & Associates, Inc. estimate of employment by job type for the future phase. Table 10.3.2. Total Employment at Pine Air Lakes DRI Future Phase 2006-2009 TOTAL Table 10.3.3. Average Income Collier County General Project Description 9 r 'Agenda Ile~N68A March 13. 2007 Page 84 of 160 Tables 10.3.4a. Expected Employment by Income Group: Pine Air lakes DRI- Future Phase -~~'liJ~n~~- -~~ "" "" : -. ~ ~l~"1S1~~ ,-' ,:Aj~ ~~~ ", ':;~~: '\' ~~:.:~:~\:,:: ' ;':~':~' ':'11' ~: '{r " . i~; ~.J.L. ~,:__ ,dl',j~ __ ; .11. ..__",,~..L_~. ~~~_-' $8,500 $14,149 $11,325 153 2 $14,150 $16,649 $15,400 44 0 $16,650 $19,149 $17,900 47 0 $19,150 $21,649 $20,400 49 0 $21,650 $24,149 $22,900 49 0 $24,150 $26,649 $25,400 47 0 $26,650 $29,149 $27,900 44 1 $29,150 $31,649 $30,400 40 1 $31,650 $38,139 $34,895 80 6 $38,140 $40,639 $39,390 21 4 $40,640 $43,139 $41,890 16 5 $43,140 $45,639 $44,390 12 6 $45,640 $48,139 $46,890 9 8 $48,140 $50,639 $49,390 6 9 $50,640 $58,460 $54,550 9 31 $58,461 $60,960 $59,711 1 10 $60,961 $63,460 $62,211 1 9 $63,461 $65,960 $64,711 0 8 $65,961 $68,460 $67,211 0 7 $68,461 $70,960 $69,711 0 6 $70,961 $73,460 $72,211 0 5 $73,461 $75,960 $74,711 0 4 Greater than $75,960 0 8 Total 628 130 General Project Description 10 '....H__...._.,.. A6endalt~m March 1 2007 Page 85 of 160 Table 10.3.5. Expected Employment by Job Type: Pine Air lakes DRI ~ $10000- $15000- $20 000- $25 000- $30 000- $35 000- Over Total 10000 ~ lli.m $24 999 $29 999 $34 999 $39 999 HQ.QQQ Future Phase Non~Construction Retail 0 153 91 98 91 120 21 54 628 Office 0 2 0 0 1 7 4 116 130 Construction Residential 0 0 0 0 0 0 0 0 0 Non-residential 0 3 4 6 7 15 4 39 78 General Project Description 11 r '..', "'.' -"., .-.,'-"",'" . .','" Agenda 1tem No 8,0., March 13, 2007 Page 86 of 160 Part 4 Impact Summary Not Applicable 12 ",.. ',' "~-," .. - . . Agenda I.terhNo.8'A March 13, 2007 Page 87 of 160 QUESTION 11 - REVENUE GENERATION SUMMARY A. Project the funds antjcipated to be generated by the project. This projection should include any source or use of funds which could have any reasonable connection to the proposed development. 1. Make the following projections by year, including the first and last year in which any constructjon and/or development takes place: (a) Yearly ad Valorem tax receipts (b) Yearly impact fees collected (c) Yearly sales tax received by local government (d) Yearly gasoline tax received by local government (e) Yearly projections of any other funds by any other sources generated as a result of development of the proposed project within the region Pine Air Lakes DRI will generate significant ongoing revenue benefits to Collier County. The major operating revenues generated by the DRI by year are provided in the attached Summary Table and include ad Valorem, sales taxes, utility taxes, service fees and other major revenues. These annual operating revenues are estimated to reach $2.0+ million per year at build out estimated to be 2010. (Summary Table) (a) Pine Air Lakes DRI is forecasted to generate $3.0-million in total ad Valorem revenue each year for Collier County at build out (Summary Table). (a) Based on current millage rates, the Collier County School Board is projected to receive ad Valorem revenues of $2.9 million each year at build out. (Summary Table). (a) Based on current millage rates, Collier County BOCC is expected to receive $2.7-million from ad Valorem revenues each year at build out. (Summary Table). (b) Pine Air Lakes DRI is forecasted to generate $8.4-million in impact fees for Collier County. (Summary Table). (c) Pine Air Lakes DRI is forecasted to generate $1.1-million+ in Yz cent sales tax revenue for the County each year at build out (Summary Table). (d) Pine Air Lakes DRI is forecasted to generate nearly $180,000 in local option gas tax revenues to the County each year at build out (Summary Table). 13 r ':, Ag~ndattemNo SA March 13, 2007 Page 88 of 160 (e) Pine Air Lakes DRI is forecasted to generate $15,000 in franchise and utility fees for the County each year at build out (Summary Table). (e) Pine Air Lakes DRI is forecasted to generate $15,000 in occupational licenses and building permit fees for the County each year at build out (Summary Table). (e) Pine Air Lakes DRI is forecasted to generate $17,400 in federal and state grants each year at build out (Summary Table). (e) Based on the RIMS II (Regional Industrial Multiplier System) utilized in the Fishkind Fiscal Impact Analysis Model (FlAM), the direct and jndirect economic impacts of the Project show that it is forecasted to produce 1,849 jobs at build out. Direct and indirect total output or sales within the area is expected to average $137-million each year at build out. Direct and indirect employee earnings are forecasted to average $50.7- million each year at build out. B. List all assumptions used to derive the above projections and estimates, show the methodologies used and describe the generally accepted accounting principles used in all assumptions, estimates and projections. The assumptions and supporting data used in the revenue generation calculations for Collier County are provided in the Summary Table. Property taxes were calculated using 85 percent of the sales price, less the Homestead exemption (for 90% of single family households and 70% of multifamily), and multiplied by the appropriate Millage rate. Franchise fees, utility taxes, charges for services, fines and forfeitures and all other revenues were calculated using a per capita methodology. This methodology arrives at a per capita amount for each revenue item in the County Budget. These per capita averages are then applied to the projected new population. The additional assumptions used to calculate the school ad Valorem revenue are provided in the Summary Table. The assumptions used for the RIMS II (Regional Industrial Multiplier System) calculations are provided as follows: Construction MultiDliers Outnut Jobs Eaminos % Local Residential 1.48 29.2 0.6137 70.00% General Office 1.48 29.2 0.6137 60.00% Retail-Shoooina Center 1.48 29.2 0.6137 50.00% Restaurant 1.48 29.2 0.6137 60.00% 14 Agendali"m No SA ." March 13, 2007 Page 89 of 160 RIMS II MultiDliers OutDut Jobs Eamlnos Jobs/S Jobs X Office (Professional and 0.00002 Med ical) 2.25 36 0.85 7 2.2 0.00002 Retail I Movie Theater 1.55 28 0.35 1 1.3 29.31 0.00002 Construction 1.9549 0.61 2 2.0003 1 5 " ....... PART III. ENVIORNMENTAL RESOURCES IMPACTS OUESTION 12 - VEGETATION AND WILDLIFE Not applicable. No rare or endangered plants or animals inhabit this site. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. QUESTION 13 - WETLANDS QUESTION 14 - WATER OUESTION 15 - SOILS OUESTlON 16 - FLOODPLAINS QUESTION 17 - WATER SUPPLY , OUESTION 18 - W ASTEW A TER MANAGEMENT. QUESTION 19 - STQRMW A TER MANAGEMEI\'T .., 'Agend~I!~riiN:d. 8A"' March 13, 2007 Page 90 of 160 For questions 19A-19E, A SFWMD (# 900326-6) was obtained in 1990 and is currently being modified. QUESTION 20 - SOLID WASTE/HAZARDOUS W ASTEIMEDICAL WASTE Not applicable. Will adhear to standard conditions. 16 PART IV. TRANSPORTATION RESOURCE IMPACTS QUESTION 21 - TRANSPORTATION .; Agenda 1l0m No. 8A March 13, 2007 Page 91 of 160 For questions 21A-2l I, please refer to the "Substantial Deviation Analysis for a Development of Regional Impact" prepared byMetto Transportation Group, Inc. QUESTION 22 - AIR Not applicable. OUESTION 23 - HURRICANE PREPAREDNESS Not applicable. 17 r ,.,' "'AgendaltemN'o:'8A;' March 13, 2007 Page 92 of 160 .i. PART V. HUMAN RESOURCE IMPACTS OUESTION 24 - HOUSING Al If the proposed development contains residential development, provide the following information on Table 1 for each phase of the development. Table 24.A.] Number of Dwelling Units in the Development o o o A2 What number and percent of lots will be sold without constructed dwelling units? What is the extent of improvements to be made on these prior to sale? No residential units are to be constructed as part of this development. A3 What will be the target market for the residential deveIopment (break down by number, percent and type, the number of dwelling units to be marketed for retirees, family, etc.) What portion will be marketed as a second or vacation homes? No residential units are to be constructed as part of this development. Table 24.A.2 Marketing Targets Empty NesterslRetirees 1) Families 2 Single(J Source: Fishkind and Associates, Inc. (I) "Empty nesters" are typically full-time working individuals whose children are no longer living with them. "Retirees" are typically non-working individuals, and typically do not have children living with them. (2) "families" have school- age children, and typically work full-time. (3) "Singles" are unmarried persons 18 , Ageno<3Ite:ril No;8I>i March 13, 2007 Page 93 of 160 ",' ..^>... Bl Indicate and discuss the availability or projected availability of adequate housing and employment opportunities reasonably accessible to the development site. Housing opportunities should be described in terms of type, tenure, and cost range and location within the following circumscribed areas: adjacent, two miles, five miles, ten miles, and within the local jurisdiction or county. Employment opportunities should be described in terms of two digit NAlCS code numbers located within the local jurisdiction with estimated distances or transit times to the development site. Table 24.B.la provides a summary of the anticipated employment opportunities at the Pine Air Lakes DRI. Development of the DRI prior to the modification includes a total of approximately 790 employees associated with the 624,614 square feet of let.a space and 29,489-5ijU3Fe feet of "ffk~ <r.c~ At the completion of the future phase of the Pine Air Lakes DRI, there will be an estimated 758 jobs associated with the retail and office space constructed as part of the phase. Table 24.B.la Pine Air Lakes DRI Employment S .FI. Jobs S . Ft. Jobs Permitted & Constructed 624,614 751 29,489 39 Future Phase 2006-2009 375,386 628 45,511 130 TOTALS 1,000.000 1.379 75.000 169 Source: Fishkind and Associates,Inc. Fishkind and Associates, Inc. evaluated the approved and existing ORIs to determine employment and impacts to the affordable housing supply during the buildout of the Pine Air Lakes DRI project. The employment associated with the ORIs is broken out by each phase of the Pine Air Lakes DRI project and is located in Table 24.B.lb. Table 24.B.lb Existing DRI Employment 44,45,722,7221,7223 52- 55, 51t, 5312, 621 22,31,33,48-49 622,623 72 It 654,Q93 580,686 240,000 o 541 1,475,320 Source: Fishkind and Associates, Inc. 1 9 l' Agi!;}daltern NtJ.. 8A~ March 13, 2007 Page 94 of 160 d, Fishkind and Associates, Inc. evaluates affordable housing demand generated internally by the project itself. If there is a marketwide shortage caused by other ORIs, the calculations will show this because demand from other DRls is included in the calculations. However, it is only necessary that the project meet its responsibility for demand created by the project, so in calculating the project need or responsibility, the market wide shortage is "zeroed out" leaving only demand by the project when there is no other market supply available. If, when counting demand from other ORIs, there was excess supply in the market, then demand is netted against the excess supply to reduce the unmet affordable housing needs. Thus the net surplus/shortage is not a simple supply minus demand calculation because of how the demand from existing ORIs is treated. Fishkind and Associates, Inc. evaluated the affordable housing supply within the 10- milel20-rninute drive market of the Pine Air Lakes DRI using data provided by the Collier County Property Appraiser. Fishkind and Associates, Inc. uses the ECFRPC methodology in terms of taking the lesser of the 10-mile/20-minute radius at anyone point. As part of the supply analysis, Fishkind and Associates, Inc. also removed units from the available supply that showed a reduction in a sales price from one historic sales price to the most recent sales price. Furthermore, units that were owned by a bank, had less than 400 effective adjusted square feet or did not have an effective adjusted square footage (assumed to be a lot sale) were also removed from. the available market supply. Table 24.B.2a provides a summary of for-sale supply and the employee and existing DR! for-sale housing demand generated by the non- residential development completed in each phase of the project This affordable housing analysis includes only the portion of the development that is planned as part of the modification of the Pine Air Lakes DRI. It is assumed that the affordable housing demand generated from the constructed square footage of the project has been absorbed into the market and that the remaining affordable housing demand from the project will result from the retail and office square footage associated with the modification of the DRI. Table 24,B.2a Pine Air Lakes DR1 For-Sale Housing Demand Future Phase Very Low (under $31,650) Low ($31,650 - $50,639) Moderate ($50,640 - $75,960) Source: Fishkind and Associates, Inc (2005). 1,890 5,694 6.537 301 467 524 86 100 59 1,503 5.127 5,982 20 Agsndallsl'!'No 8A March 13, 2007 Page 95 of 160 As shown in Table 24.B.2a, there are estimated to be 1,890 units within the 10- mile/20-minute market which qualify as very-low income households; 5,694 units which qualify as low income households; and 6,537 units which qualify as moderate income households for sale during the 3-year period of the future phase of the Pine Air Lake 0 RI. Broken down annually, there are expected to be 640 units within the 10-mile/20-minute market which qualify for very-low income households; 1,898 units which qualify for low income households; and 2,179 moderate income units for sale. Tables 24.B.3a provides a summary of the employee for-rent housing demand generated by Phase 1 of the Pine Air Lakes DRI in the 20-minute market. Table 24.B.3a Pine Air Lakes DRI For-Rent Housing Demand Future Phase Very Low (under $3t,650) Low ($31,650, $50,639) Moderate ($50,640 ,$75,960) Source: Fishkind and AssociateS, Ine (2005). 3,018 1,407 459 58 92 102 21 24 12 2.939 1.291 249 As shown in Table 24.B.3a, there are estimated to be 3,018 units within the 20-minute market which qualify as very-low income households; 1,407 units which qualify as low income households; and 459 units which qualify as moderate income households for rent during the 3-year period of the future phase of the project. Broken down annually, there are expected to be 1,006 units within the 10-mile market which qualify as very-low income households; 469 units which qualify as low income households; and 153 units which qualify as moderate income units for rent during the future phase. Fishkind & Associates used census 2000 vacancy rates by occupancy status and the distribution of rent asked for vacant rental units in Collier County to estimate the percentage of rental household demand generated by the Pine Air Lakes DR! 20- minute market. According to the 2000 census there were 144,536 total housing units in Collier County, of which 41,563 were vacant rental units. The ECFRPC methodology precludes the use of the first 5% of vacancies. Therefore 1.72% (2,485) of the total housing units in Collier County were assumed to be vacant for-rent. This ratio of vacant for-rent units to total housing units for Collier County is then applied to the total number of housing units in the 20-minute radius to get an estimated number of vacant for-rent units in the 20-minute radius. With 88,041 total housing units in the 20-minute radius, the total number of vacant for-rent units is approximately 2,033. The percentage of Collier County vacant for-rent units at each price point is then calculated and the resulting ratios are applied to the total number of vacant for-rent units in the 20-minute radius to determine the supply of vacant for-rent units at each 21 T 'Agendalt~i!lN6;8A March 13, 2007 Page 96 of 160 price point. To remain conservative, partial units are rounded down to the nearest whole unit resulting in 2,024 vacant for-rent units distributed across the range of price points, This figure represents the total number of vacant for-rent units available annually. Therefore, the total number of units per phase at each price point is equal to the total number of vacant for-rent units at a given price point times the number of years in the phase. It is expected that there is an adequate supply of housing to accommodate the for sale and for-rent affordable housing needs in all phases of the project. The complete affordable housing tables and methodology are provided in Appendix 24. B2 Please describe the locations of employment centers where residents of the project are likely to work, given their expected income profiles, ages, family makeup and other pertinent factors. Travel routes, travel times, and commuting costs should be discussed, as well as the possibility of transportation by means other than the private automobile. Employment opportunities should be described in terms of two-digit SIC codes for jobs located within the project, within the local jurisdiction, within adjacent jurisdictions and the County, and within neighboring counties, as appropriate. No residential units are to be constructed as part of this development. C. If displacement or relocation of existing residents will occur due to the proposed development, identify the number of people that will be affected, any special needs of these people, and any provisions for addressing the effects of the relocation or displacement of these people, particularIy in regards to their ability to find suitable replacement housing. No displacement and or relocation will occur as a result of the Pine Air Lakes DR! DR!. 22 <u-o wOW o~ ON....... Z .0 Mr- E ~ OJ Q;l....c CD ::::::::0) "''''''' -g:2:D... Q) OJ <1: ~ Q) U) '" .c: n. Co ::l o (5 '" E o o <= >. .0 C '" E >. o 0. E w m '(3 Qj E E o U a; '" o :;; <= .2 ~ ::l o ro u '" <= '" E '" o n: o '" '" x '" ..J ~ ;:;: '" <= 0:: '" m Q; '" o :;; en <'> w c:i It) "" .8 o It) "'. ~ '" ... 0;:<'> 00'" M..J<Xl ri ~ '" N ... ... o '" '" ~ M ... CD It) '" o 0 o U N CfJ ..JLOs::O ~g~~ lJ)N......Z Q) CD U) >. 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March 13, 2007 Page 104 of 160 Pine Air Lakes DRI Affordability for Very Low, Low, and Moderate Income Households - Phase 1 RENTER-OCCUPIED HOUSING VERY LOW INCOME:$31 ,650 X (0.3) = $9,495 ~ 12 = < $791/ Month Number of Bedrooms Utility Allowance Maximun Rent Utilities Included Utilities Not Included $37 < $791 < $754 $51 < $791 < $740 $66 < $791 < $726 $60 < $791 < $711 $102 < $791 < $689 Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom LOW INCOME:$50,639 X (0.3) = $15,192 ~ 12 = < $1,266/ Month Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Utility Allowance Maximun Rent Utilities Included Utilities Not Included $37 < $1,266 < $1,229 $51 < $1,266 < $1,215 $66 < $1,266 < $1,200 $80 < $1,266 < $1,186 $102 < $1,266 < $1,164 Number of Bedrooms MODERATE INCOME:$75,960 X (0.3) = $22,788 + 12 = < $1,899/ Month Efficiency 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom Utili1y Allowance Maximun Rent Utilities Included UtiI~ies Not Included $37 < $1,899 < $1,862 $51 < $1,899 < $1,848 $66 < $1,899 < $1,833 $80 < $1,899 < $1,819 $102 < $1,899 < $1,797 Number of Bedrooms 30 <l:r-o coo,", o~ ON_ Z - 0 E~;g Q)..c~ ::::20) '" '" '" -g~& Q) '" <l: 'C " '0 - ~ "" " " E- "':'l ~ ~ ~3 '" 0 g< :ij 2- " '" '" '" 0.. 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OOOOOOQOOOOOOOOOO~""~N_eN~~~~_O~lI)~O___W~ !1:........oo.:I.~_N.:::::::.::::::::::.:. ~ ~ -~N_ .' ~.~~~~~~o~~~g~N~~~~~~~~8~~~;~~~~~~~~~_~2 g - e_ - - N_N ~_M__ _ N U _ ~ ~c.~~~E~mgE;~~~ ~~~~~N8e~;~~ ::~~~6g:~~m~~ 5 ............_W_._._ ~~~$3~~~~~.~ I~~~~~~~~~~:,~ s~~~~~~~~~~~~~ ~~~~~~~ MM~~~~WM~~~~M .~ e~~~~!~i~~~~~~~m&~~~!;i ~~~~gg ~~~a~~~~ ~ E -g "". ~ <'ice."" 5I(.lIi<lir.:....:...: ";1~Ia;oi";~...no M. 6 0> o. ~IO"'oi .g<,; ~ g r-:.... Ii I- ~~~~~:$~~~~~~:~~~;~~~p~ ~~~~~~ ~-g~NN~N ~ ~ MM~~~~~ M~~MMM ~~~~MMMM W '. .... Pine Air Lakes DRl Rental Units in the Supply Area Occupied Housing Units (Census 2000) Owner Occupied 77,829 53.85% Renter Occupied 25,144 17.40% Vacant Units 41,563 28.76% Vacancy Status (Census 2000) Total Vacant Units 41,563 Rental Units 2,616 28.76% 1.72% 34 AgendalfemNo.8A March 13, 2007 Page 108 of 160 1 . Pine Air Lakes DRI Rental Unit Estimates by Rent Asked Less than $100 $100 to $149 $150 to $199 $200 to $249 $250 to $299 $300 to $349 $350 to $399 $400 to $449 $450 to $499 $500 to $549 $550 to $599 $600 to $649 $650 to $699 $700 to $749 $750 to $799 $800 to $899 $900 to $999 $1,000 to $1,249 $1,250 to $1,499 $1,500 to $1,999 $2,000 or more TOTAL Units (Census 2000) Distribution 18 0.69% 11 0.42% 18 0.69% 21 0.81 % 44 1.69% 18 0.69% 35 1.35% 93 3.58% 111 4.27% 164 6.31% 132 5.08% 152 5.85% 104 4.00% 235 9.04% 202 7.77% 187 7.19% 114 4.38% 281 10.81% 75 2.88% 141 5.42% 444 17.08% 2,600 100.00% Annual Expected Rental Units 14 8 14 16 34 14 27 72 86 128 103 118 81 183 157 146 89 219 58 110 347 2024 ... . A.gendanem No. SA March 13, 2007 Page 109 of 160 35 Agenda Itemr~b~ 8A March 13. 2007 Page 110 of 160 "; ~ ,'" QUESTION 25 - POLICE AND FIRE PROTECTION Not Applicable QUESTION 26 - RECREATION AND OPEN SPACE Have met the requirements of the Collier County Land Development Code. QUESTION 27 - EDUCATION Not Applicable ,; ." ~ QUESTION 28 - HEALTH CARE Not Applicable QUESTION 29 - ENERGY Update conditions as necessary . . QUESTION 30 - HISTORICAL AND ARCHAEOLOGICAL SITES Not Applicable PART VI. SPECIFIC DR! INFORMATION QUESTION 31 - AIRPORTS Not Applicable QUESTION 32 - ATTRACTIONS AND RECREATION FACILITIES Not Applicable QUESTION 33 - DOSPIT ALS Not Applicable QUESTION 34 - INDUSTRIAL PLANTS AND INDUSTRIAL PARKS Not Applicable QUESTIQN 35 - MINING OPERATION Not Applicable 36 ~ . ""^ Not Applicable Not Applicable Not Applicable OUESTION 36 - PETROLEUM STORAGE FACILITIES OUESTION 37 - PORT AND MARINA FACILITIES OUESTION 38 - SCHOOLS 37 AgeJ1ct~jtalhtw; 8A ;" . March 13, 2007 Page 111 of 160 RPM-BSP-ADA-l Agenda Item No. SA March 13, 2007 Page 112 of 160 . MEMORANDUM , 1 i1 \l \1 1\ h II I, I~' :i ~\ \ r ~, : F'SHK'ND & ASSOCIATES IIlIlIa lIaa _II Ii TO: Cormac Giblin Collier County Housing and Urban Improvement FROM: G. Russell Weyer Senior Associates SUBJECT: Pine Air Lakes Affordable Housing Resolution , H VIA: E-Mail iJ r} ~ ~ ~I '.1 :1 \ " '\ ;1 DATE: May 12, 2006 Connac: Attached is the most recent run of our affordable housing demand model for the Pine Air Lakes DR! deviation where they are requesting an additional 118,000 square feet of commercial space. The demand totals 78 units of which 64 would be for sale demand and 14 would be for rent demand. Our analysis has determined that the combined supply of for-sale and for-rent units is 2,472. We have reviewed the data in detail during this fmal model run to ensure that only arms- length transactions were used in this process. As we discussed over the telephone, you indicated that you agree with our demand analysis. Even though we have determined that there is enough supply to absorb the demand coming from this additional square footage, the applicant is willing to pay $1,000 per unit for the 78 units to mitigate the demand coming from the additional square footage. We would like to know when that amount is due. When we originally talked about the per square foot fee to mitigate the affordable housing demand, you mentioned that the amount due would be due upon certiflcate of occupancy. Does that hold true for this mitigation and how is it calculated? Do we convert the new amount to a square footage number and it is paid like the other mitigation calculation? Please advise. Also, please advise as to how the remainder ofthe procedure will take place. Agenda Item No. 8A March 13, 2007 Page 113 of 160 j If you are in agreement with this mitigating offer, please indicate by signing below and returning a copy for our files. We appreciate your assistance with this matter. Ii I! '1 , 1 'I I * Notes- The Collier County Board of County Commissioners will always make the final detennination as to what amount of mitigation is accepable to the County. The $1,000 per unit mitigation amount is equivelent to what has been accepted by the County in the past by way of volutary donations. Paymet of the mitigation amout shall be made no later than building permit issuance. Ifmore than one permit is invloved then it may be prorated on a square foot baisis. Signed: C c& ilu.k--c? ?j L-... Name: Cormac Giblin County Division: Housing and Grants Section Title: Housing and Grants Manager Date: 5/24/06 ~ ~ ! !: 'I , J -..-c- _._., _ ~ .~ '. .. _' _. ~"._~. DOA-2005-AR-8543 PINE AIR LAKES PUD (DRI-84-S) PROJECH 1999003 8 DATE: 7121/06 KAY DESELEM (COMPANION ITEM: PUDZ-A-2005-AR-8550) ~F"~.c-'" -~.' -_.-. _~., ___ " Agenda Item~:~.:' """',','''\ Mamh 13:2007 REV, iPage 114 01'160 - '..;..,,; ,~" The Fiscal and Economic Impacts of the Pine Air Lakes DRI Substantial Deviation on Collier County September 30, 2005 Prepared By: Fishkind & Associates, Inc. 11869 High Tech Avenue Orlando, Florida 32817 407-380-5225 http://www.fishkind.com Executive Summary Agenda IteniNb .81'C March i3~ 2007 Page 115 of 160 ;,C, The Pine Air Lakes DRI ("the Project") is a commercial development in Collier County ("County") near the corner of Pine Ridge Road and Airport Pulling Road. At build-out, the Project will consist of approximately 75,000 square feet of commercial office space and nearly 1,000,000 of commercial retail space. Since 397,218 square feet of commercial office and retail space has already been constructed on the site, the Consultant calculated the fiscal results on the remaining 677,782 square feet of space remaining to be constructed. The primary purpose of the development is to provide a wealth of commercial opportunities within a centrally located activity center. The Project pays for itself in terms of fiscal impacts to the County and has a positive fiscal impact for the School District as shown in Table 1 below. The total net fiscal impact to the County is $3,922,544. The net present value of the fiscal impact on the County is $2,660,517. The positive net present value demonstrates that this development pays for itself in terms of impacts to the County. For the School District, the Project provides a net present value capital benefit of $32.2 million. Table 1. Net Fiscal and Economic Impacts of the Project Collier County, Net Total Fiscal Impact Collier County, NPV of Total Fiscal Impact Total ad Valorem Revenue for Collier County Collier County School District, NPV of Capital Impact Average Annual Economic Output in Local Economy at Build Out Average Annual Economic Output in Local Economy during Construction Total Direct and Indirect Employment Impacts at Build Out $3,922,544 $2,660,517 $1,947,717 $537,884 $197,126,731 $128,813,361 6,784 There is also a substantial economic benefit to be derived from the Project's development. Through direct and indirect impacts, the Project is forecasted to produce 6,784 jobs at build out. Direct and indirect total output or sales within the area is expected to average $143,206,936 each year at build out. Direct and indirect employee earnings are forecasted to average $53,919,795 each year at build out. These are very substantial fiscal and economic contributions to the local economy that will benefit the County in a positive way. The bottom line is that the Project will be a revenue generator to the County for many years to come by increasing the overall taxable property base and providing an economic stimulus for the area. Pine Air Lakes DR! Fiscal Impacts Page 2 of 11 T f"'- Agenda It~mN~:_8A' March 13, 2007 Page 116 of 160 1.0 Introduction 1.1 Background The Pine Air Lakes DRI ("the Project") is slated to be a mixed-use development located in Collier County ("the County"), Florida. At build- out, the Project will consist of approximately 75,000 square feet of commercial office space and nearly 1,000,000 of commercial retail space. 1.2 Assignment Fishkind & Associates, Inc ("the Consultant") has been contracted by Landon Group South, Inc. ("the Client") to conduct a fiscal and economic impact analysis to determine the impact of the Project's remaining square footage on the County and the Collier County School District. 2.0 Development Schedule Table 2 displays the commercial development schedule for the Project. The Project's remaining square footage will consist of commercial office space and retail/entertainment space. Table 2. Commercial Development Schedule (Future) Year Commercial Retail I Total Office Entertainment 2006 2007 2008 Total 16,000 45,511 o 61,511 286,584 306,604 33,572 628,760 304,584 352,115 33,572 690,277 Pine Air Lakes DR! Fiscal Impacts Page 3 of 11 Agenda Item No. 8A March 13, 2007 Page 117 of 160 3.0 Fiscal Methodology 3.1 Introduction The Consultant has developed a Fiscal Impact Analysis Model (FlAM) under contract with the Florida Department of Community Affairs ("DCA"). FlAM is designed to serve as the prototype fiscal and economic assessment tool for local governments in Florida. DCA has continued contracting with the Consultant to further refine and develop FlAM. Currently, FlAM Version 5.0 is available for use in Florida. Version 7.0 is currently being developed. Recently an Urban Land Institute Pane ("ULI") provided a peer review of FlAM on behalf of DCA. The ULI panel was very complementary, made recommendations for further improvements, and endorsed FlAM for use in Florida. DCA is continuing its contracting with the Consultant for FlAM and DCA is planning for the implementation of FlAM statewide. FlAM provides estimates of the costs and revenues to local governments associated with their land use decisions. FlAM examines both the long range and near term impacts and it provides estimates for the effects of land use decisions on both the operating budget and the capital budget of the local government. FlAM is suitable for conducting analysis of individual projects, development corridors, and entire comprehensive plans. FlAM has been used for fiscal impact analysis in thirty-six Florida communities, 3.2 Fiscal Impact Analysis Model Calibration The FlAM model used in the development scenario has been calibrated based on the latest adopted budget and demographics for the County. County staff has been contacted in order to gather accurate and current information regarding the demographics of the County. In this way, FlAM is properly calibrated to reflect the specific environment of the County with its unique budget and characteristics, Furthermore, FlAM also includes ten years of budgetary history for the County. This provides the base for FlAM to project inflation rates over the long term. 3.3 Modified Per Capita Method Local governments receive revenues from the land, development and the activities of their populations of residents, workers and visitors, The major portion of these revenues is in the form of taxes (Property Tax, Sales Tax, Gas Taxes, Utility Taxes, Resort Tax, etc.) and fees, assessments and charges for service (permits, impact fees, waste collection and lighting assessments, etc.). Pine Air Lakes DRI Fiscal Impacts Page 4 of 11 r Agend~"temNo,SA ..' March 13; 2007 Page 118 of 160 Local governments also render services to all residents, to all who are working in the County, and to all visitors to the County. Therefore, on the cost side of the equation, cities incur costs to provide services to residents, those employed in the County, and to visitors. At some point during a 24-hour period, a resident may become a person employed in the County, and then later in the day may be a resident again. To such an individual, the County has rendered services for a full 24 hours. Other residents may leave the County to work in another County. In this case, the County only provides services to that person when they are physically in the town. For those workers that do not live in the County, services are only provided to those workers when they are in the County. Finally, visitors receive service during the whole time period of their visit, but obviously not when they leave. To properly measure the services provided to each of these groups, a weighting procedure is needed that reflects the duration of time each group is resident in the County. This calculation provides us with the full- time equivalent (FTE) population, employees and visitors. For both residents and workers, a working period assumption of 2,000 hours per year is applied. In this way, the fiscal impact of the FTE residents, employees and visitors can be properly identified. A variety of methods exist for quantifying the revenue and cost impacts flowing from a development opportunity such as the one presented here. The approach used in this FlAM is the modified per capita approach. When possible, the revenues and expenditures that can be identified from the subject population(s) are directly estimated or calculated. For this project, ad Valorem and impact fee revenues were calculated using current millages and fees. The remaining cost and revenue categories were estimated based on modified per capita estimates. The modified per capita approach involves the. calculation of revenues using the latest published budgets for the appropriate population basis (Le. per person. per employee. per tourist, per student). From an economic perspective, this is equivalent to assuming that average revenue generation applies to the particular situation being evaluated. This is a reasonable assumption in most cases for two reasons. First, local governments must run balanced budgets, so that current costs and current revenues balance and are appropriate for current circumstances. Second, using long run averages also means that any excess capital is maintained in the various systems and not allocated to the project. Furthermore, there is nothing peculiar about the location or the type of this particular project that indicates that per capita parameters estimated from the latest budgets would not be reflective of actual costs and revenues. Pine Air Lakes DRI Fiscal Impacts Page 5 of 11 Agenda Itenir\Jo. SA . March 13. 2007 Page 119 of 160 The numerator for each cost or revenue item is the cost or revenue shown in the County's budget. The denominator depends upon the type of cost or revenue. Each category of cost and revenue was examined to determine the impact of population and/or employment (businesses). Then each category was divided by the appropriate divisor (FTE population; FTE population + FTE employment) to yield the average per capita revenues and expenditures for all budget categories. The arithmetic is shown below. Revenue = Per Capita FTE Population + FTE Employees 3.4 Fiscal Impact Calculations The FlAM model utilizes the most recent Collier County annual budget with projected revenues by source and expenditures by function. Property taxes are calculated using the increase in taxable property value applied to the appropriate millage rates. Most of the other budget revenues and expenditures are calculated using the per capita methodology. The per capita numbers used are the full-time equivalents (FTE) residents and employees calculated using The University of Florida data and Fishkind estimates of employment. The revenues and expenditures are calculated by multiplying the FTE residents and employees by the per capita revenue and expenditure amounts from the budget. The County averages are used to maintain a conservative methodology. The per capita calculations for the County's budget were calculated using revenues and expenditures from the budget's General and Special Revenue Funds. The revenues and expenditures from these funds were divided by the County FTE Population plus the County time. Any voted taxes are assumed to be reaffirmed once their current FTE employment to provide the per capita amount. Human Services and Parks and Recreation typically have only the population as the denominator. These Budget per capita amounts are then multiplied by the number of new FTE residents and FTE employees and FTE visitors in order to generate the projected revenues and expenditures found in Appendix Table 4. Certain non-revenues and non-expenditure items are not included as they are not applicable to the incremental change in population. Pine Air Lakes DRI Fiscal Impacts Page 6 of 11 Agenda,ltem No. sA March 13.2001 Page 120 of 160 3.5 Assumptions Appendix Table 1 contains the basic data, assumptions and sources used in the County fiscal impact model. These are provided for completeness and allow for the replication of our results. 3.6 Collier County School District Methodology The FlAM provides the Project's impact on the School District's capital revenues and expenditures. The Capital Projects Fund contains ad Valorem revenues and impact fee revenue. The ad Valorem revenues were calculated by multiplying the taxable value times the capital millage rate. This methodology provides a good indication or whether or not the development covers the capital costs of the School District. However. it does not calculate the School District's actual cash flow. 4.0 FlAM Results 4.1 Fiscal Impacts of the Project on Collier County The FlAM forecasts the fiscal impact of the Project on the future revenues and expenditures for the County based upon the County's budget. The total values look at the aggregate value associated with the development of the project and are simply the sum of the annual revenues, expenditures, or net impacts generated from the project at build out. The net present value ("NPV') calculation displays how much a future investment is worth in today's dollars. The NPV formula takes the annual revenues, expenses, or net impacts and discounts them by a present value factor of 10% a year for 3 years. NPV is a common tool used by the public and private sectors to gauge a project's net effect on operations and capital in order to make sound business decisions. NPV assumes a person can take their money and invest it elsewhere for a given rate and then discounts each future year's cost or revenue by that rate in order to compensate for what could have been received on the money in the alternative investment. Once each annual amount has been adjusted, the values are summed in order to obtain the net present value of the future costs or revenues. Next. by deducting the expenses from the revenues, a net operating and capital present value impact can be determined. The project's overall NPV is calculated by summing the net capital impact and the net operating impact. A positive NPV indicates a good investment. The greater the number, the greater the positive impact the development will have on the County. Projects with overall negative NPV's should be avoided. Table 3 presents the results of the fiscal impacts calculated by the FlAM. Pine Air Lakes DRI Fiscal Impacts Page 7 of 11 Agenda Item ['-lo. B,A March 13, 2007 Page 121 of 160 Table 3. The Fiscal Impacts of the Project on the County Total Present Value Total Operating Revenue $3,802,744 $2,515,708 Total Operating Cost $610.466 $561,104 ---------- ---------- ---------- ---------- Net Operating Impact $3,192,279 $2,107,879 Net Operating Impact (Revenues @ $2,422,199 $1,594,655 95%) Total Capital Revenue $8,433,691 $5,985,987 Total Capital Cost $6,933.346 $4,920,125 ---------- ---------- --------- ---------- Net Capital Impact $1,500,345 $1,065,862 Net Fiscal Impact (Revenues @ 95%) $3,922.544 $2,660,517 By removing the capital lines from the budget, the FlAM determines both capital and operating revenues and expenditures. The operating revenues generated from the development of the project are the sum of each revenue source the County would receive based on the development schedule. The Project supplies the County with a total of $1,947,717 in ad Valorem revenues through build out. Total operating revenues to the County associated with the Project are $3,802,744. The NPV of the operating revenues is $2,515,708. Operating revenues consist of such items as ad Valorem tax revenue, occupational licenses, building permits, utility taxes, state revenue proceeds. charges for County services, etc. Operating expenses are the County's costs for such items and services as financial and administrative expenses, emergency and disaster relief, legislative and executive expenses, and comprehensive planning. The total operating expenses are $610,466 with an NPV of $561,104. Approximately 50% of all operating expenses associated with the Project are related to police control. By subtracting operating expenses from operating revenue, a net operating impact can be calculated. Theoretically, the County will receive 100% of the net operating impact. However, the State mandates that municipalities budget based on 95% of projected revenues. The net operating impact at 95% of revenues ;s $2,422,199. The NPV of the net operating impacts at 95% of revenues is $1,594,655. Total capital revenues are $8,433,691 for an NPV of $5,985,987. These capital revenues are generated by the sum of all impact fees collected from the buildings that will be constructed onsite. Pine Air Lakes DRI Fiscal Impacts Page B of 11 Agenda Item No. 8A March 13, 2007 Page 122of160 Capital expenditures are generated by how the future land use impacts the County's existing capital structure. Total capital expenses are $6,933,346 for an NPV of $4,920,125. Capital expenses include the capital costs related to roads, fire rescue, law enforcement, etc. For example, a capital cost for the Sheriffs Department would be the purchase of a new vehicle or any new construction or improvements made to existing buildings in order to serve the Project. A net capital impact can be created the same way a net operating impact was calculated. By subtracting capital expenses from capital revenues, the total net capital impact is $1,500,345. The NPV of the capital impact is $1,065,862. Finally, by summing the values for the net capital impact and the net operating impact, an overall net total impact at 95% of revenues can be calculated. The total fisca.1 impact of the project to the County is $3,922,544. The total NPV impact to the County is $3,173,740. This is indicative of a Project that pays for itself in terms of both operational and capital impacts. The fiscal results by year and by type are presented in Appendix Table 2. 4.2 Fiscal Impacts of the Project on the School District Since this Project is comprised of commercial office and commercial retail/entertainment, it will create some fiscal impacts for the School District primarily through operating and capital ad valorem tax revenues. Table 4 shows the operating and capital impacts of the Project. Table 4. Operating and Capital Impacts for the School District Ad Valorem Operating Revenues $1,215,348 Ad Valorem Capital Revenues $610,466 The total operating school ad valorem revenues produced by the Project through build out are $1,215,348. These revenues are generated by multiplying the total operating millage by the increase in taxable property values due to the development of the Project. The majority of this revenue is collected and redistributed to the State's school districts based on the number of students and spending needs. Thus, the likelihood of the School District experiencing a windfall or shortfall due to the new development is negligible. Pine Air Lakes DRI Fiscal Impacts Page 9 of 11 Agenda Item No. SA March 13, 2007 Page 123 of 160 The Project will also produce ad valorem capital revenues for the School District, as shown in Table 4. The total NPV capital ad valorem taxes generated by the increased taxable values of property in the County are $537,884. The Project pays for itself in terms of impacts to the School District with a $1,057,428 NPV benefit for the District. 5.0 Economic Impacts of the Project The proposed Project will contribute greatly to the local economy. A new development creates not only fiscal impacts. but also economic impacts. Direct economic benefits are the result of people purchasing goods or services from a business. For example, a person buying a new car from a dealership creates a direct impact on the economy. Indirect economic benefits are created by a 'ripple effect' through the economy. For example, if enough people buy new cars from dealership, the owner must then hire more clerical workers, salespeople, mechanics, etc. These workers in tum purchase additional goods and services in the local municipality, thus further impacting the economy. Appendix Table 3 contains the detailed economic impacts of the Project. Table 5. Economic Impacts of the Project (Future Development) Total Direct Impact Jobs Total Indirect Impact Jobs Average Annual Economic Output'Sales at Build Out Average Annual Employee Earnings at Build Out 4,682 2,102 $143,206,936 $53,919,795 Table 5 summarizes the economic impacts of the Project. A total of 4,682 jobs are forecasted to be created directly onsite. Indirect impacts create another 2,102 jobs in the local economy at the Project's build out. Total output in the local economy is forecasted to reach $143,206,936 on average each year at build out. Total employee earnings will average $53,919,795 on average each year at build out. These numbers are indicative of a project that provides an economic stimulus to its surrounding areas. Pine Air Lakes DRI Fiscal Impacts Page 10 of 11 ..'''',....,.~~"...''''"...",'',',N,.'''''"..''''4.''''~,_____...__."'''''''_'"_,,,,,'0-,'.,..0''',,, 5.0 Conclusion Agenda Item No. 8A March 13, 2007 Page 124 of 160 Based on the economic and fiscal impact summarized above. the County and the School District will benefit greatly from the development of the Project as proposed. Table 6 below summarizes the total fiscal impact of the Project's remaining square footage. The total net impact provided to the County due to the development of the Project's remaining square footage is $3,922,544. The NPV of the Project's impact to the County is $2,660,517. In addition. the project contributes $537,884 in NPV capital dollars to the School District. Thus, as Table 6 below demonstrates, the additional development will not only pay its own way in terms of County services and impacts on facilities, It will generate a sizeable fiscal surplus. The surplus revenues can be used by the County for any purpose, including roads, public buildings, or park construction. Table 6. Net Fiscal and Economic Impacts of the Project (Future Development) Collier County, Net Total Fiscal Impact Collier County, NPV of Total Fiscal impact Total ad Valorem Revenue for Collier County Collier County School District, NPV of Capital Impact Average Annual Economic Output in Local Economy at Build Out Average Annual Economic Output in Local Economy during Construction Total Direct and Indirect Employment Impacts at Build Out $3,922,544 $2,660,517 $1,947.717 $537.884 $197,126,731 $128,813,361 6.784 There is also a substantial economic benefit to be derived from the Project's development. Through direct and indirect impacts, the Project is forecasted to produce 6,784 jobs at build out. Direct and indirect total output or sales within the area is expected to average $143,206,936 each year at build out. Direct and indirect employee earnings are forecasted to average $53,919,795 million each year at build out. The ultimate conclusion is clear. From a fiscal and economic viewpoint, the County and the School District will benefit greatly from the Project's development. Pine Air Lakes DRI Fiscal Impacts Page 11 of 11 Appendix Table 1 - FlAM Input Assumptions Taxable Assessment Ratio Homestead Exemption % Single-Family with Homestead % Mulfifamtty with Homestead 92% $25,000 68% 17"4 ProperlY Tax Ad Valorem Mil/ace General Fund Unincorporated Fire & EMS (Golden Gate Fire District) Water Pollution Control & Conservation 3.8772 Mil/s 0.8069 Mills 1.0000 MlIIs 0.2847 MlIIs Mills Population (total) 291,902 (Ft Population Studies, 2003) Equivalent Fun.TIme ~ EQulvale~ Population-Working Residents 114,960 0.7619 87,588 Population-Non-Working Re_sldents . 176,942 1.0000 176,942 ~~- ~~~-'~i1J]].__h'Lm Population (peak season) 355,028 288,202 City Employment (total) 114.960 0.2381 27,372 (State of Florida ES-202, Q2, 2003) City Labor Force Participation Rate 39.38% County Population (unincorporated) 254,255 1.??oo 254,255 (FI Population Studies. 2003) 2005 Persons per Household - Single FamHy ~g Persons per Household - Multifamily 1.79 (Fl Population Studies, 2003) ~~r-..",,,....,!!,~~~1l'%1;Z".fs~~__~ ~~11R!!,!!!,,.2!~_!:i_ Total Households County 113,864 (A Population Studies, 2003) ~ 2.39 1.79 W! 2.39 1.79 (U.S. Census Bureau, 2000) (U.S. Census Bureau, 2000) (U.S. Census Bureau, 2000) Seasonal Units (not rentals) 35.217 (US Census, 2000) Emplovment Assumptions Office 1-Story Office Class A Office Medical Retail. Neighborhood Retail- Community Retail- Regional Restaurant-Sit Down Restaurant-Fast Food Hotel Industrial Warehouse Golf Course Clubhouse Specially Recreation ACLFlNursing Home beds Institutional/Government (sq ft) Hospital (per bed) AgriculturelForestry Proiect 300 sq. ft. per employee 350 sq. ft. per employee 250 sq. ft, per employee 598 sq. ft. per employee 598 sq. ft. per employee 598 sq. ft. per employee 450 sq. ft. per employee 100 sq, ft. per employee 0.5 employees per room 2,500 sq. ft. per employee 5,000 sq, ft. per employee 40 per 18-hole course 800 sq. ft. per employee 10 per unit 1 per bed 300 sq. ft. per employee 3 25 per 1,000 acres Agenda Item No. 8A March 13, 2007 Page 125 of 160 2008 2.39 1.79 2009 2.39 1.79 Agenda Item No. SA March 13, '2007 Page 126of160 Maximum Annual Inflation Rate-Budget Minimum Annual Inflation Rate-Budget Maximum Difference in Inflation Rates-Budget 110.0% oflong-term total average 50.0% of long-term total average 2.50% Average rate for costs v. revenues . Input Property Sales Value Assumptions for New Units: Project Data Multifamily-For Sale Condo Multifamily-For Sale Townhouse MultifamUy-For Sale Other Multifamily-Rental ApartmentsfTH Multifamily-ACLF/Nursing Home beds Multifamily-Rental other (Developer) (Developer) (Developer) (Developer) , (Developer) Vacant Acreage Single-Family - Low Range Single-Family - Mid Range Single-Family - High Range Single-Family - Special (Developer) (Developer) (Developer) (Developer) (Developer) f (Developer) Mobile Home $30.000 (Developer) Vacant Commercial Acres Office 1-Story (sq.ft.) Office Class A (sq. ft.) Office Medical (sq.ft.) $100,000 (Developer) $210 (Developer) $240 (Developer) $200 (Developer) Retail-Neighborhood Retail-Community Retail-Regional Restaurant. Sit Down (sq.ft.) Restaurant - Fast Food/Drive thru Institutional/Government Hotel (per room) Vacant Industrial Acres Industrial (per sf) Warehouse (per sf) Golf Course (per acre) Golf Course (holes) Golf/SwimfTennis Club (sq.ft,) Specialty Recreation (per unit) AgriculturelForestry (acres) Mobile Home/RV Park, Parking Lot $220 (Developer) $220 (Developer) $220 (Developer) $220 (Developer) $240 (Developer) $0 (Developer) $100,000 (Developer) $100,000 (Developer) $75 (Developer) $50 (Developer) $25,000 (Developer) $555,556 (Developer) $200 (Developer) $5,000 (Developer) $5,000 (Developer) $4 (Developer) ~~-:-_~----- I'- 0 o ill 0.,- ON..... - 0 ~~f'-.,. t: N Q)..c~ ==2 ill (1JC'OO) -g2~ ill 0) <( 000000 U')CO.....,....IOIO .. C>>~O'lQ:)O>OJC) ; N"'_--.N.N.~ . ... ............ fI) 000'000 ,....<0....-_.....,.." .. ~~~:::~~ ~ .... MM"'~ .. i: a;)"Q",....I-.......... .!! t'--(")NNNC\4 0 ::.~S~:~ 0 "'''' .t;; II fI) CCtDCDCOCbU) 88g:gggg8g 00 0 g .. 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"J ~ C::~ c ~So~c::~o~~8 .. ~~~~~ ~ ~:i~m~~gig~-~- 8~~u~~~ ~ ~s~~~~c~6~~<~1ii..:~~~~O~ ~b 5:i!-,~j~:,g1 ,,=,o_~-S:c..iu..(!)Qi ~l~~~~~~l~f~~~~~~~~~!~e~~ -~;l~~i-" ,i~~~~~=~~6ii~; B~~~~~~5~;!~~8~~i~~e~~~g~ ~~~~8~~~~~~~~505~~~~B8t~~ INPUT FOR CAPITAL FACILITIES AND EQUIPMENT Input for Law Enforcement Number of Patrol Deputies Cost to Eouio Patml Depulv Patrol Vehicle Ugh! Bar Mobile Data Computef Other 353 (Shertll's Department) $18,488 (Sherill's Department) $1,000 (Sherill's Department) $3,632 (Sherill's Department) 3,595 (Sherill's Department) -------- -------- $26,716 (CalCUlated) 6 6,00% $9,430,619 (CaIOJla1ed) $2.238.795 (Calculated) 40,000 (Sherilf CIP Budget) 2,986,000 25 5.00% $214.702 $2,453,497 (Calculated) 400,000 (Sherill's Department) $6.13 (CaWated) Subtotal Average life of Equipment for Deputy Interest Rate for Financing Equipment Cost for Entire Patrol Deputies AnnuaRzed Cost Including Interest Sherill's 5- Year C1P Corrections 5-Year CIP Avera"" Economic life CIP Items Interesl Rate for Financing Equipment Annualized Cosllncluding Interest Annulaized Total Palmi Capital Cost T alai Calls for Service Total Patrol Capital Cost per Call Calls per Un" bv Land Use Single-family Multifamily Mobile Home HoteVMolel per Room Commercial I Retail per 1,000 sq.ft.. Office per' ,000 sq.fl. Institutional per 1,000 sq.1l Warehouse I Storage per 1.000 sq.fl. Manufacturing per 1.000 sq.1l Recreation Mobile HomelRV Part<, Parking LoVacre Schools per 1,000 sq.fl. BookinoslUn II 0.0632 0.0404 0.0061 0.0524 0.3053 0.3707 0.0328 0.0085 0.0086 0.1566 0.0328 0.0328 Cost sew Cost estimated based upon bookings per ur S56,52 Cost estimated based upon bookin"s per ur S8.53 Cost estimated based upon bookings per ur $73.31 Cost estimated based upon bookings per ur 5427.11 Cosl estimated based upon bookings per ur $518.61 Cost estimated based upon bookings per ur 545,89 Cost estrnaled based upon bookings perur $12.03 Cost estimated based upon bookings per ur $12.03 Cost estimated based upon bookings per ur $219.08 Cost estimated based upon bookings per ur 545.89 Cost estimated based upon bookings per ur 545.89 Cost estimated based upon bookings per ur Input FirelRescuelEMS Data: North Naples Fire District Capital Cost of New Fire Station $1,500,000 {Ate , Res.... OepertmenQ Average Economic life CIP Items 25 Interest Rale for Financing Equipment 7.00% Annualized Cost Fire Station $128,716 (calCUlated) Capital Cosl of Engine $350,000 fF".. & Rescue OeportmonQ Average Economic Life C1P Items 15 Interest Rale for Financing Equipment 7.01)0" Annualized Cost Engine & Rescue Unit $38,428 (caJculotocl) Total Calls for Service - FIRE 4,347 {Fire 0& ReSale DeplrtmenQ Number of Fire Stations ( Average Cans per Station 1.087 (ealculaled) Avera"e Capital Cost per Can $153.80 (calaJla1ed) Calls per Unit bv Land Use - FIRE Calls Cost Single-family 0.270 $41.53 Multifamily 0.270 $41.53 Mobile Home 0.270 54 , .53 HOleVMotel per Room 0.030 5461 Commercial I Retail per 1,000 sq.fl. 0.010 $1.54 Office per 1,000 sq.fl. 0.010 $1.54 Institul<onal per 1,000 sq.tt. 0.010 $1.54 Warehouse I Storage per 1,000 sq.1t. 0.010 $1.54 IndustIy per 1,000 sq.1t. 0.010 $1.54 Recreation per 1,000 sq.fL 0.010 $1.54 Mobile HomelRV Park per acre 0.010 $1.54 Aaenda Item No. 8A - fvlarch 13, 2007 Page 129 of 160 In out EMS Cepltal CosI of EMS Rescue UnIt Average Ecol'lCllTlic L~e C1P Items Interest Rate lor Financlng Equipment Annua.zed CoIl of Rescue Unit $175.000 15 7.00"1. SO 1........04) T DIal Celts for Service. EMS Number of EMS Vehld.. Ave<Ilge Call. per EMS Vehide "'verage Capltal eost per eaa Calls _ Unit bY Lend Use. EMS Single.famlty MUltifamlly Mobile HcmI HoteUMotel per Rocm Commercial I Ratall per 1,000 sq.fl Olfoce per 1,000 sq.fl Institutional per t,ooo sq.1L warehouse r S1al1Ige par 1,000 1q.1L Industry per 1,000 sq.tl ReCAl8lion par 1,000 sq.!\. Mobile HomeIRV Pm per a,,", Input Level of Service and Cost for LIBRARIES Il!!!t O~ O~ 0.43 Single.famlly MIJUlamlly Mobile Home HotellMotel per Room Input Level of Service end Cost for PARKS ~ 3.0 3.0 3.0 Single.famlly M\Jfifamlly Mobile Home HotelfMotel per Room Input Level 01 Service end Cost for PUBLIC BUILDINGS ~ 2 2 2 2 2 2 2 2 2. 2. 2. Single.famlly MIJlifamily Mobile Home HolellMoteI per Room Comme<eiall Retail per 1.000 sq.!\. 0lf1Ce per 1,000 sq.fl Institutional per 1.000 sq.1L warehOUSe I Storage per 1,000 sq.fl Industry per t,ooo sq.tl Recreation per 1,000 sq.1L Mobile HomeIRV Par1< per aen! 1 (may be qme as FJRE abowl 2.6 (_b...meaflRE_.) o {calculat.d} $0.00 1-04) Agenda Item No. SA March 13, 2007 Page 130 of 160 ~ o.m 0.270 0.2.70 0.030 0.010 0,010 0.010 0.010 0.010 0.010 0.010 ~ $103,61 These costs laken frOm EMS Impact Fee update 612.000 $13.03 $93.03 $37.61 $19U2. $83.13 $33.65 $4.62 $~.91 $461.12 $33,65 per perwon per person per perwon per room ~ $2.37.74 The.. costs taken frOm Ubrary Impact Fee Ulidate 11I2.000 $2.14.40 $214.40 SO 11.000 people 11,000 people 11 ,000 people per room per unit per \rll per unit per room per 1 ,000 If per 1.000 sf per 1,000 sf per 1,000 If per 1,000 If per 1.000 sf perR,,", Input Level of Service and Cost for JAIL FACILmES Bookina!lfUnlt CoSl/Booking Single-lamlly Multifamily Mobile Home HotellMotel per Room (2O'X40') Commercial I Retail per 1,000 Iq.fI. Olflce per 1 ,000 sq.fI. Institutional per 1,000 sq.t1. WarehOUSe I Storage per 1,000 sq.fl InduStry per1 ,000 sq.1L Recreation per 1,000 sq.fI. Input OTHER Level of Service and Cost per UnIt Delivered Leyel of Service 0,0632. 0.0404 0,0061 0.0524 0.3053 0.3707 0.0328 0,0086 0.0086 0.1566 ~ $746.73 $746.73 S746.73 per unit cost faken fI'Om Park Iffil>lId Fee update June 2002 Divided by 2 to relied developer provision ~ $80 saD S80 SSO $80 $80 $80 S80 $80 S80 $80 S91.77 perl.l'1lt S91.77 per unit S91.77 per unll $91.77 per room $91.77 per 1.000 sf $91.77 per 1.000 sl $91.77 per 1.000 sf $91.77 per 1,000 sf $91.77 per 1,000 sf $91.77 par 1,000 sf !.!!l!1l Roads Mass Transit water Sewer Solid waste 0.00173 lane mlleslpe<son o person trips' dsy 2M gallons per ERU 200 gall ons per ERU o pounds I peBon I day ~ $5.80 $3.71 SO.66 S4.81 S28.D2 $34.02 S3.01 $0.71 $0.71 $14.31 -imPact fee ordinance) ~mpacl fee ordinence) ~mpact fee ordinance) .;mpact fee ordinance) ~mpact fee ordinance) ~mpact fee ordinance) ~mpact fee ordinance) .;mpacl foe ordInance) ~mpact 1ae ordinance) ~mpact fee ordinance) -impact lee ordinance) Preferred Average Leyel of ~ ~ $3,151,198 SO $0 sa So 0,00173 NA NA NA NA Agenda Item No. SA March 13, 2007 Page 131 of 160 Input Usage Rates for Water, Sewer & Solid Waste Residential Units Single-Family - Low Range Single-Family - Mid Range Single-Family - High Range Single-Family - Special GallonslOav/Uni! Water Sewer Cubic YardslOay Solid Waste Multifamily-For Sale Condo Multifamily-For Sale Townhouse Multifamily-For Sale Other Multifamily-Rental Apartments Multifamily-Rental Townhouse Multifamily-Rental Other 300 225 300 225 300 225 300 225 200 150 200 150 200 150 200 150 200 150 200 150 10 10 10 10 7.5 7.5 7.5 7.5 7.5 7,5 Mobile Homes Non-Residential Office 1-Story (sq. ft.) Office Class A (sq.ft.) Office Medical (sq. ft.) Total Office (sq. ft.) Golf Course (acres) Golf Course (holes) Golf Clubhouse (sq.ft.) SwimlTennis Club (sq.ft.) o o 5 3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 50 5 1 1 1 1 0 0 0 0 5 2 3 2 Retall- Neighborhood (sq.ft.) Retail- Community (sq,ft) Retail- Regional (sq.ft) Total Retail (sq.ft.) Restaurant - Sit Down (sq,ft.) Restaurant - Fast Food/Drive thru Restaurant - Fine Dining (sq.ft.) Hotel (rooms) 50 Industrial Warehouse <1:f'-0 coOCO _ 0,- N_ _ 0 C')N t:: ,- C') OJ.,C,- ==~Q.) C'OC'OOl -g2~ OJ Ol <1: CD Cl III - o o l&. CD .. III :s .,. o a: Q III CD Jl{. 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CI) III ~ Q) III .s x >< III ~ ~ 111 ~1i ~ E "0 > Q.~sCl) t'~=-"'> Q)>U)Q)I- Q.1Ila.>x ct~~~~ c:, .!! ;- en co Cll:5Gi.!!O ~~~Jl~ E666~ ~ ~aE.~Q) ::l oooo:1! i~<oiiiiii~ ~"O(')tJuas rx::<(.3.3..5u: gg~gg888g8~g8g ~NN~~.~~~~U:;LO~~ (;C;;MC;;C;;C;;~~~~~~~g S~ ~ ~ =- III 'C a.> B o ct '" .g 1:: III Q) J::.(j ~en_ ~~~ !! ii I ~ ai ~ c>rx::1- Q) Q) :l "COiiti\ wwen '" III rn - c::::..._ Q) .... ~~~';; ~ E"" U)C6~e ~~o.c> ~i6g>e '::-~'6Q) s !:l '5 "'0 :;:lom~ .::- c: ::l 8 olljl <0 0 5> '!~ ~o c: III 88 , ~~ m '" III III (!)(!) e '" !! - .-...e ~ ~~ & ~~~~_;S ~::S"O~:::'E rnc:c:wma.> 8?;1Il...._91> '5 III '" <l> o::Q) "-O::!:5<O ~'Cu:o~~ s~.!i"Brx::~ Gic:tll"Bc: ~~G)-m.m "''t:E:lc/lGi j5.g~~~ O(j~.Erx:::E 00 0.... ,.. ,.. ,.. c:o ;l;~ - =- - - Q) =-:5 eO ,Eloll '" '" c: "0 e III I- 8 "B ct ~ III :g Ea - =- 8~ :s o en .!!J III .. .. <( "0 ~ III iI: 2 IlCll c: Q) o '" :s c: III c .2 rx:: ~ 16 ~ .!l "tl .ti ... ~\ijs III iU 0 amI- 0000000 0000000 0;:00000 ~(Ol[l~~;;!;g MMMMMMM )\'genda Item No. SA March 13, 2007 Page 133 of 160 Appendix Table 3. Pine Air Lakes DRI Economic Output Details RIMS II Multipliers Output Jobs Earninos Jobs/$ Jobs X General Office 1,74 24 0.59 0,000018 2.5 Retail-Shopping Center 1.55 28 0.35 0.000021 1.3 Restaurant 1.32 31 0.31 0.000023 1.2 Hotel 1.75 29 0.33 0,000022 1.7 Industrial 2.21 16 0.43 0.000012 1.9 Warehouse 1.25 13 0.25 0.000010 1.3 Institutional I Govemmental 1.13 12 0.21 0,000009 1,2 Golf Course 1.24 14 0.22 0.000011 1,1 Housing Related 1.33 20 0.33 0.000015 1.2 Construction 1.66 17 0.61 0.000013 1.4 2005 2006 2007 2008 Wi Total Employment 1,808.3 3,011.4 1 ,963.4 Total Earnings $0 $0 $50,397,929 $83,650,627 $53,919,795 Total Output/Sales $0 $0 $114,228,812 $198,662,708 $143,206,936 *","""'"""",_""","""""O"""""i!'~)oQ_Ilfio_'lilll""_,_,-",_""""",,,,,,,,,,,,,,,,,,,_.,'....,,.'..,",,,,,,,.,....."_,,,,,,..., ---:=-,.., Agenda Item No. 8A March 13, 2007 Page 134 of 160 Pine Air Lakes Q24 Sufficiency Questions Question 1: Pine Air Lakes DRl: Demand Calculation is based onfiguresfor the proposed Substantial Deviation a) Why weren't housing impacts analyzed for the entire ADA? Response: Housing impacts were only analyzed for the Substantial Deviation portion of the ADAlDRI because a significant portion of the project is already constructed and operational. The employment associated with the operational portion of the ADAlDRI has been absorbed into the market and should not be counted as affordable housing demand as it was previously calculated in the original submission of the ADAfDRI. The affordable housing calculations were conducted on the Substantial Deviation in order to estimate the affordable housing demand associated with the remaining commercial retail and office development Question 2: Pine Air Lakes DRl: Demand Calculation Model for Commercial and Office is not in agreement with the latest data from the Quarterly Edited ES-202 Report (by County) b) please explain where the data came from and its age? Response: The analysis has been updated with the most recent ES-202 2005 quarterly data. Question 3: The report states that Housing Demandfrom existing DRls is included in various calculations a) what are the existing DRls included in these calculations b) how are these figures computed c) please provide these figures Response: In order to combat the "double counting" problem, affordable housing demand from previously approved DRIs in the market are calculated. DRI's included in these calculations are: Pelican Bay, Tallgate Commercial Center, Fiddler's Creek Marco Shores, The Vineyards of Naples, Lely - Resort Community, Parklands, aIde Cypress- the Woodlands, Twelve Lakes, Citygate Commerce Park, Grey Oaks, Collier's Reserve, Pelican Marsh, Winding Cypress, Collier County Government Center, Heritage Bay, and Ave Maria. l\genda Item No. 8A March 13. 2007 Page 135of160 As per the pre-application methodology, industry accepted employment multipliers are applied to the developable square feet of each DRl on a phase per phase basis, which yield an affordable housing demand using the ECFRPC methodology. This demand is then applied to the available supply prior to evaluating the affordable housing demand from the Pine Air Lakes DRl on the remaining supply in the market. The figures are provided in the attached Appendix. Question 4: In the table "Pine Air Lakes DRl Rental Unit Estimates by Rent Asked" aJ How is the presented data limited to the lOmile/20minute 'housing supply area"? Please elaborate on the methodology used to limit said data bJ Which census table is the data takenfrom Response: The data is limited to the "housing area" by utilizing the Census based mapping program iSite. Data is taken from the following census tables: H7, H8, and H59. The methodology used to apply the data to the 10-mile/20-minute market is provided below. According to the 2000 census there were 144,536 total housing units in Collier County, of which 41,563 were vacant rental units. The ECFRPC methodology precludes the use of the first 5% of vacancies. Therefore 1.72% (2,485) of the total housing units in Collier County were assumed to be vacant for-rent. This ratio of vacant for-rent units to total housing units for Collier County is then applied to the total number of housing units in the 20-minute radius to get an estimated number of vacant for-rent units in the 20-minute radius, With 88,041 total housing units in the 20-minute radius, the total number of vacant for-rent units is approximately 2,033. The percentage of Collier County vacant for-rent units at each price point is then calculated and the resulting ratios are applied to the total number of vacant for-rent units in the 20-minute radius to determine the supply of vacant for-rent units at each price point. To remain conservative, partial units are rounded down to the nearest whole unit resulting in 2,024 vacant for-rent units distributed across the range of price points. This figure represents the total number of vacant for-rent units available annually. Agenda Item No. SA March 13, 2007 Page 136 of 160 Question 5: ECFRPC Methodology limits the use of Census data to two years...Please use alternate method of computing data where Census 2000 has been used? Response: Per the accepted methodology provided in the pre-application document submitted, the source data for rental units was applied properly. As stated in the pre-application methodology: "In the event that local rental unit vacancy rate data is unavailable, the 2000 Census data will be used." Question 6: Please provide the data from the Collier County Property Appraiser's office that was usedfor Table 24.B.2a For-Sale Supply Response: The supply for the revised analysis is provided herein. Question 7: ECFRPC methodology states sales datafrom the Property Appraiser's Office should be limited to recent 12 month time period a) is the presented data limited to recent 12 month period? Response: The revised analysis enclosed used the most recent 12 month sales data as recorded by the Collier County Property Appraiser. Question 8: At this point in the housing analysis the applicant can answer the above questions or committee to the standard recommendations to mitigate the affordable housing. Fishkind & Associates, inc. (the Developer's Consultant) has conferred with both the Regional Planning Council Staff (Dan Trescott) and the housing development manager for Collier County's Housing and Urban Development Department (Cormac Giblin) to first confirm that the affordable housing analysis is only performed on the additional commercial square footage being requested since the original DR! approval accounted for the affordable housing requirement for the initial 957,000 square feet. Agenda Item No. SA March 13, 2007 Page 137 of 160 Both the RPC staff and Collier County staff agreed that the affordable housing requirement for this substantial deviation would be measured on the requested additional square footage. The new total square footage is 1,075,000 and the initial approved DRI was 957,000 square feet. The additional square footage requested is 118,000. Based on the current commercial rnitigati on amount of $0.50 per square foot of commercial space, the amount due to mitigate the affordable housing requirement is $59,000. The Applicant is willing to agree to this amount. According to Cormac Giblin of the Collier County Housing and Urban Development Department, that amount is paid at Certificate of Occupancy (C.O,) for each building as they are constructed. COLLIER COUNTY GOVERNMENT(i) .,:. DEPT. OF ZONING & LAND DEVELOPMENT REViEW........... zA..:::....:..... WWW.COLLlERGOV.NET : ..... ~l 0 ..\..~ : Agenda Item No. 8A March 13, 2007 2800 NORTH HORSESHOE Ditrv~ 138 of 160 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PRE-APPLICATION MEETING NOTES DOA-2005-AR-8543 PROJECT #19990038 DATE: 1l/l/05 MICHAEL BOSI r DRI [)evelopmenlOrder Amendment Date: ).-~t... OS PROJECT NAME: Applicant Name: Owner Name: 1'"'\ eo t ,\ Time: p(. v ,,?-,..., p,.,,. Firm: L~It..r f ""\ S A "" t ...1"", t '" r I<.c. '1"1._ ~ 'f ShJ t Phone: Phone: Owner Address: State Development Order Number: Assigned Planner V\; ("to '1" 1"1 ~~nng~tte..,de~s: (a~ac~~ig~fn ~heet) City: State: ZIP: SUBMITTAL REQUIREMENTS (refer to application for additional requirements) 24 Copies of the following: (0 1 additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) ; Completed Collier County Public Hearing Application Pre-application Meeting Notes Site Plan 24"X 36" and One 8 1/2 X 11" copy, and one jpg copy (from DRI Development Order) IXJ Completed State NOPC Form with all attachments 2 Copies of the following: o Legal Description o List identifying Owner & all parties of corporation o Owner/Agent Affidavit signed & notarized bll Completed Addressing Checklist gr Copies of Notices sent to DCA and RPC 4 Copies of the following: o Environmental Impact Statement (EIS) or waiver o Survey, signed & sealed EiL Seven (7) Traffic Impact Statement (TIS) or waiver o Five (5) copies of Recent Aerial Photograph min scaled 1" = 400' DOne (1) Electronic copy of all documents in Word format (CD-ROM or Diskette) FEES: 8 lSi o Application Fee: $6,000 DRI Development Order NOPC $2,250.00 Comprehensive Planning Consistency Review $150.00 Fire Review Fee $500,00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. [ij ~ $72~\OO News). $363.00 Agenda Item No. 8A legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice frdlf#lf4'8p1~s :b1iltY Page 1:39 of 160 legal Advertising Fee for BCC meeting ev' e Property Owner Notification fees. Property Owner Notifications $1.00 Non-certified; $3.00 Certified return receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review) [ Meeting Noles Arlpn,.,,,, Itpm ~I" RA March 13, 2007 Page 140 of 160 PMS, Inc. of Naples Project Management Services 8. The following Transportation sufficiency review questions were inadvertently omitted from the first DR! sufficiency review sent to the RPC. However, the petitioner's agent received a copy of the questions on 12/22/05 and has been asked to respond. The improvements that were outlined in the submitted traffic study need to be discussed and reviewed with transportation staff. The intersections that are projected to operate at an unacceptable LOS will need to be reviewed with staff to outline improvements and additional project traffic. Turn lane improvements discussed in the traffic statement provided should be define as part of this application and included as language to the transportation section of the PUD document. The interconnection to the north was not analyzed in the traffic statement provided. In the initial methodology meeting it was agreed that the interconnection would be reviewed as part of this application. The applicant has agreed to donate $50,000 towards the lighting improvements on Naples Blvd. This language should be added to the PUD and the DR! DO/Resolution. The improvements that were outlined in the submitted traffic study need to be discussed and reviewed with transportation staff. The intersections that are projected to operate at an unacceptable LOS will need to be reviewed with staff to outline improvements and additional project traffic. Driveway analysis on Naples Blvd should be conducted to review optimal on site interconnection and potential signal location. The transportation language should be updated to reflect current conditions. The developer has agreed to purchase and install permanent count stations in lieu of traffic counts. The appropriate language should be added, Response to all Transportation comments: The Traffic Statement has been revised to reflect transportations requests. The PUD document has also been revised per staffs comments. However, the applicant has not agreed to donate $50,000 towards the lighting improvements on Naples Blvd, therefore this language has not been added. 2335 Tamiami Trail N" Suite 408, Naples, FL 341 03 1 (239) 435-9080 ,,61 Fax 435-9082/Email: jennifercastillo@pmsnaples.com COLLIER COUNTY GOVERNMENT ... DEPT. OF ZONING & LAND DEVELOPMENT REVIEW c:i).... ilIIfIl. ..'... VlWW.COlLlERGOV.NET .9:". 10':'" : Agenda Item No. 8A March 13. 2007 2800 NORTH HORSESHOE DRtW 141 of 160 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PRE-APPLlCA nON MEETING NOTES DOA-2005-AR-8543 PROJECT #19990038 DATE: 11/1/05 MICHAEL BOSI r DRI Developmenl Order Amendment Date: ')-~t,. OS PROJECT NAME: I""\'.J 0 Time: pi. y.,...., A" Firm: f t"V\ S A 1\0\ t ,.J.. "'" t V\ r L"'ltu Applicant Name: Owner Name: t(......L_ \1'ISI...)( Phone: Phone: Owner Address: City: State: ZIP: State Development Order Number: Assigned Planner )1\; ("I. \\31-1 ~eeti,ng Attendees: ((Jtia~h Sign,!ll ~he~f) SUBMITTAL REQUIREMENTS (refer to application for additional requirements) 24 Copies of the following: (0 1 additional set if located in the Bayshore/Gateway Triangle Redevelopment Area) ; Completed Collier County Public Hearing Application Pre-application Meeting Notes Site Pion 24"X 36" and One 8 V2 X 11" copy, and one jpg copy (from DRI Development Order) ~ Completed State NOPC Form with 011 attachments 2 Copies of the following: D legal Description o List identifying Owner & 011 parties of corporation D Owner/Agent Affidavit signed & notarized @ Completed Addressing Checklist g Copies of Notices sent to DCA and RPC 4 Copies of the following: o Environmental Impact Statement (EIS) or waiver D Survey, signed & sealed !S?l. Seven (7) Traffic Impact Statement (TIS) or waiver D Five (5) copies of Recent Aerial Photograph min scaled 1" = 400' DOne (1) Electronic copy of all documents in Word format (CD-ROM or Diskette) FEES: 8 M o Application Fee: $6,000 DRI Development Order NOPC $2,250.00 Comprehensive Plenning Consistency Review $150.00 Fire Review Fee $500.00 Pre-application fee (Applications submitted 9 months or more after the date of the last pre-app meeting shall not be credited towards application fees and a new pre-application meeting will be required. Q I Agenda Item No. 8A Legal Advertising Fee for eepe meeting (to be reconciled upon receipt of Invoice frc:MP~p1i>s ~~ Page 143 of 160 Legal Advertising Fee for Bee meeting e e Property Owner Notification fees. Property Owner Notifications $1.00 Non-certified; $3.00 Certifiecl return receipt mail (to be paid after receipt of invoice from Dept. of Zoning & Development Review) $72'.\00 News). $363.00 J . Meeting Notes. 1 PMS, Inc. of Naples Project Management Services \\Y'~ Agenda Item No. 8A March 13. 2007 f February 24, 2005 REV. 2 S W FL Regional Planning Council Dan Trescott 1926 Victoria Ave Ft. Myers, FL 33901 DOA-2005-AR-8543 PINE AIR LAKES POO (DRI-84-5) PROJECf # 19990038 DATE: 7/21/06 KAY DESELEM (COMPANION ITEM: POOZ-A-2005-AR-8550) RE: Pine Air Lakes DRl Dear Dan: Pine Air Lakes bRI is a MiXed-Use C6inInercial/Retail project that lies within Collier County Regional Activity Center No. 13, northwest of the Airport Road I Pine Ridge Road intersection, and was originally approved in 1985 for 1,280,600 square feet A revision to the DR! was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build-out date from October 15, 2000 to October 14, 2005 was approved. Currently 370,240 square feet of office and commercial uses are completed and an additional 160,396 square feet are either permitted or under construction and 82,225 is in the permitting process, for a total of 612,861 in various stages of development. The remaining 344,139 square feet of development rights as well as the requested additional 323,600 square feet will be phased over the next 5 years, with completion in late 2010. We are submitting to you this preapplication conference summary to amend our DRl to request the additional square footage. Please find the following per your request: . Ten (10) Pre-application Summary's wI attachments . Check for $2500.00 . Authorized agent letters . Receipt & Review Fee Agreement Please call us if you have any questions, or we can address them at the preapp meeting on Monday, February 28th. ~~~ Vice President 2335 Tamiami Trail N., Suite 408, Naples, FL 34103/ (239) 435-9080 x6/ Fax 435-9082 /Email: jennifercastillo@pmsnaples.com Pine Air Lakes DRI Preapplication Conference Summary Aaenda Item No. 8A ~ March13,2007 Page 145 of 160 FORM RPM_BSP _PREAPP INFO 1 STATE OF FLORIDA DEPARTME"NI OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY PLANNING BUREAU OF LOCAL PLANNING 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 850/488-4925 PREAPPLICA TION CONFERENCE DOCUMENT AND INFORMA nON One of the initial steps in the development of regional impact (DRI) review process is the preapplication conference. The preapplication conference is a meeting between various governmental agencies and representatives of the developer that establishes the parameters of the Application for Development Approval (ADA). Pursuant to Paragraph 380.06(7), Florida Statutes, and Rule 9J_2.021, Florida Administrative Code, the information required to conduct the preapplication conference must be made available to the participants in the conference at least ten working days prior to meeting. Note that the following information lists the minimum information for a preapplication conference. The regional planning council may have more stringent information requirements for a preapplication conference, and council staff should be consulted prior to the preparation of a preapplication document. Provide the following information about the proposed development. A. General Information l) Name of the development. Pine Air Lakes 2) Name, address, and telephone number of the applicant. Landon Group South Jason Wagner, Vice President 800 Seagate Drive, Suite 302 Naples, FL 34103 Phone: 239.261.2995 Fax: 239.261.4278 3) Name, address, and telephone number of the authorized agent. PMS, Inc. of Naples Karen Bishop, President 2335 Tamiami Trail N., Suite 408 Naples, FL 34103 Phone: 239.435.9080 ext 3 Fax: 239.435.9082 AND Pavese Law Firm Neale Montgomery 1833 Hendry Street Fort Myers, FL 33901 Phone: 239.334.2195 Fax: 239.332.2243 " \' Agenda Item No. 8A March 13, 2007 Page 146 of 160 Pine Air Lakes DR! Pre application Conference Summary B. Project Description 1) A general description of the project, including proposed land uses and amounts pursuant to the guidelines and standards in Chapter 28-24, F .A.C. If a preliminary master plan has been developed, please provide. Pine Air Lakes DR! is a Mixed-Use Commercial/Retail project that lies within Collier County Regional Activity Center No. 13, northwest of the Airport Road / Pine Ridge Road intersection, and was originally approved in 1985 for 1,280,600 square feet. A revision to the DR! was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build-out date from October 15,2000 to October 14,2005 was approved. Currently 370,240 square feet of office and commercial uses are completed. An additional 160,396 square feet are either permitted or under construction and 82,225 is in the permitting process, for a total of 612,861 in various stages of development. All of the required water management system is permitted through the SFWMD with approximately 80% of the total water management system either completed or under construction and scheduled for completion in late 2005. See Attachment A, Master Site Plan. See Attachment C, Activity Center Map 2) Proposed phasing of the project, including proposed preliminary phasing dates and build-out dates. Pine Air Lakes will be developed in a five-year phase as follows: Phase 1 Years 2006-2010 Retail/Office 323,600 C. Site Information 1) Describe the existing land uses and vegetative associations. Provide an aerial photograph of the site. See Attachment B, Aerial Photograph The existing land uses on the 149 acre approved site include a Mixed-Use CommerciallRetail project that lies within Collier County Activity Center No. 13 and has 1.8 acres of upland/wetland preserve. 2) Provide a brief environmental assessment of the site, encompassing such topics as the probable occurrence of wetlands and listed plant and animal species. No rare or endangered plants or animals were found to inhabit the site. There is an existing .4 ac wetland preserve is located at the south end of the site. This preserve will not be impacted by this proposed modification. 3) Indicate which portions of the site, if any, are within the 100-year floodplain. The subject property is not located within the 100 year floodplain. 4) Provide a letter from the Division of Historical Resources indicating if there are potentially regionally significant historical or archaeological sites on the property. Not Applicable. The Division of Historical Resources does not list cultural resources on the property . . , Aoenda Item No. 8A - March 13, 2007 Page 147 of 160 Pine Air Lakes DRI Preapplication Conference Summary D. Impact Area Information 1) Provide a general location map. Indicate on this map adjacent land uses, the existence of public facilities, regional activity centers, and any existing urban service area boundary. Also indicate on this map any other lands owned or leased by the applicant within two miles. See Attachment E, Location Map See Attachment F, Surrounding Land Uses See Attachment G, Public Facilities Map 2) Using a map, indicate the proximity of this site to regionally significant resources identified in the Regional Policy Plan such as significant bodies of water, wetlands, or wildlife corridors. There are no regionally significant resources identified in the Regional Policy Plan in the proximity of Pine Air Lakes. Map is not applicable. 3) Provide a map of the proposed study area for Question 21 (Transportation) in the ADA. Indicate the functional classification and number of lanes of all roadways in the study area except residential streets. See Attachment H, NW Transportation Concurrency Management Area Map E. Permitting and Approval Information 1) Indicate if a comprehensive plan amendment will be required for this development. No. 2) Provide a list of all permits already applied for or received, specifying the date of application, issuing agency, and function of the permit. SFWMD Permit 11-00715-S ERP SFWMD Permit 11-00715- W Water Use SFWMD Permit 11-02374-W Dewatering F. Provide a summary of each of the proposed methodologies, assumptions, models, criteria, etc., that will be used to answer ADA questions, particulary Question 12 (Vegetation and Wildlife) and Question 21 (Transportation). The methodologies, assumption, etc., should be specific enough so that once agreement is reached among parties regarding these, everyone involved will have a clear understanding of what will be provided in the ADA. The intent 0 this agreement is to streamline the review period and decrease the number of insufficiency fmdings wherever possible. The regional planning council should be consulted prior to the preapplication conference to explain the methodologies acceptable to the region for ADA review. Question 9 - Maps All maps in the ADA will be provided at a scale of I" = 400'. Weare requesting a waiver for maps C, E & G Ouestion 10 - Part 1 & 2 Consistency with Comprehensive Plans 1) A. Describe and discuss in general terms all major elements of the proposed development in its completed form. Include in this discussion the proposed phases (or stages) of development (not to exceed five years), .... ~, Agenda Item No. 8A March 13, 2007 Page 148 of 160 Pine Air Lakes DR! Preapplication Conference Summary magnitude in the appropriate units from Chapter 28-24, F.A.C., where applicable, and expected beginning and completion dates for construction. Pine Air Lakes DR! is a Mixed-Use CommerciallRetail project that lies within Collier County Regional Activity Center No. 13, northwest of the Airport Road / Pine Ridge Road intersection, and was originally approved in 1985 for 1,280,600 square feet. A revision to the DRI was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build- out date from October 15, 2000 to October 14,2005 was approved. Currently 370,240 square feet of office and commercial uses are completed. An additional 160,396 square feet are either permitted or under construction and 82,225 is in the permitting process, for a total of 612,861 in various stages of development. All of the required water management system is permitted through the SFWMD with approximately 80% of the total water management system either completed or under construction and scheduled for completion in late 2005. The remaining 344,139 square feet of development rights as well as the requested additional 323 ,600 square feet will be phased over the next 5 years, with completion in late 2010. B. Provide a breakdown of the existing and proposed land uses on the site for each phase of development through completion of the project. The developed land uses should be those identified in Section 380.0651, F.S. and Chapter 28-24, F.A.C. Use Level III of the Florida Land Use and Cover Classification System: A Technical Report (September 1985), available from each regional planning council. Refer to Maps D (Existing Land Use) and H (Master Plan). Use the fonnat below and treat each land use category as mutually exclusive unless otherwise agreed to at the preapplication conference. See attached Table 10-1 We have used the updated Florida Land Use, Cover and Forms Classification System handbook that was published in January 1999. Agenda Item No. SA March 13, 2007 Page 149 of 160 Pine Air Lakes DR! Preapplication Conference Summary TABLE 10-1 Existinl! Land Uses Approx Acres 411 Open Space /BuffersfLakes 140 Road Rights-of-way 940 Preservation 820 Conunercial (707,000 approved) 394,698 sf constructed 710 Office (250,000 approved) 13,489 sf constructed 740 Disturbed Land 33.49 10.7 1.81 77.12 25.87 TOTAL 148.99 Final Land Uses Commercial (707,000 approved) 33.49 10.7 1.81 77.12 411 140 940 820 Open Space tBufferslLakes Road Rights-of-way Preservation 710 Office 250,000 approved 25.87 TOTAL 148.99 Agenda Item No. 8A March 13, 2007 Page 150 of 160 Pine Air Lakes DR! Preapplication Conference Summary C. Briefly describe previous and existing activities on site. Identify any constraints or special planning consideration that these previous activities have with respect to the proposed development. This 148.99 +/- acre site was originally used for farming and landscape nursery activities. The parcel has been cleared except for the wetland. Approximately 65% of the existing commercial development rights have been constructed with all of the required water management permitted through the SFWMD and approximately 80% of the total required water management system either completed or under construction and scheduled for completion in late 2005. Naples Boulevard has been constructed as a divided four-lane connecter road between Pine Ridge and Airport Roads. The road has a signaled intersection at both Airport and Pine Ridge Road, each with double left turns in and out of the property. Sewer and water lines have been extended through the property with sufficient capacity to service all of the proposed development. A conservation easement has been established for the remaining wetlands and the required buffers. All other major infrastructure elements such as telephone, electrical service, cable and natural gas are in place with sufficient capacity to service all of the proposed development. D. If the development is proposed to contain a shopping center, describe the primary and secondary trade area which the proposed shopping area will serve. For the pre-application meeting, we estimate the following trade areas, subject to our consultant's confirmation as we preceed in this process: The Primary Trade Area will be the area generally bounded by Golden Gate Parkway to the South, Vanderbilt Beach Road to the North, 1-75 to the East and Goodlette-Frank Road to the West. The Secondary Trade Area will be the area generally bounded by US-41 to the South, Collier Boulevard (CR-951) to the East, lmmokalee Road to the North and US-41 to the West. E. Describe, in general terms, how the demand for this project was determined. The demand for the project has been market driven. The initial phases of the development have been well received by large national and regional tenants that purchased properties and constructed stores such as Lowes, Costco, Regal Hollywood 20 Movie Theatres and Best Buy. Recent development has been more local "infill" development that is seeking locations in close proximity to the established retailers. This is evidenced by the Naples Boulevard Car Wash, smaller neighborhood-type conventional shopping centers (2 currently in permitting), the TIB Bank of the Keys building (in pennitting) and the Wild Oats anchored shopping center currently under construction. Part 2 Consistency with the Comprehensive Plans A. Demonstrate how the proposed project is consistent with the local comprehensive plan and land development regulations. Indicate whether the proposed project win require an amendment to the adopted local comprehensive plan, including the capital improvements element. If so, please describe the necessary changes. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is clearly consistent with local comprehensive plan and land development regulations. The revision to this application will not require an amendment to the adopted local comprehensive plan, including the capital improvements element. Agenda item No. SA March 13, 2007 Page 151 of 160 Pine Air Lakes DR! Preapplication Conference Summary B. Describe how the proposed development will meet goals and policies contained in the appropriate Regional Comprehensive Policy Plan. . As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is meets goals and policies contained in the Regional Comprehensive Policy Plan. The revision to this application will continue to meet the goals and policies and will be detailed with the ADA submittal. C. Describe how the proposed development will meet goals and policies contained in the State Comprehensive Plan (Chapter 187, F .S.), including, but not limited to, the goals addressing the following issues: housing, water resources, natural systems and recreational1ands, land use, public facilities, transportation, and agriculture. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this project is meets goals and policies contained in the State Comprehensive Plan (Chapter 187, F.S.) The revision to this application will continue to meet the goals and policies addressing the following issues: housing, water resources, natural systems and recreational lands, land use, public facilities, transportation, agriculture, and will be detailed with the ADA submittal. Question 13 - Wetlands A-I) There is 0.4 acres of wetlands on the property. 2) Hydroperiods and seasonal water elevations of on-site wetlands will be determined and included in our ADA submittal. 3) All wetland on the subject property will be preserved. The proposed modification will not alter the hydroperiod. 4) The on-site wetland is located within an existing conservation easement and has already been enhanced. Additional enhancement is not proposed. 5) No wetland impacts are proposed as part of this modification. 6) No wetland impacts are proposed. 7) All wetland preserves are protected by an existing berm. This berm will be maintained to protect the wetland. 8) Jurisdictional delineations were done during the original permitting. The wetland preserves are now located in conservation easements. B) No additional wetland enhancement is proposed. Question 14 - Water A) Generally both ground water and surface water flows around the subject flow from east to west This has been altered in some areas by the canal located on the east side of Airport Pulling Road. This canal intercepts flows from the east and directs them to the south. The canal also provides an outfall for some lands to west including Pine Air Lakes. The subject property is not located within a groundwater recharge area. Water bodies located downstream of the subject property include the Airport Pulling Road Canal, Golden Gate Canal, Gordon River and Naples Bay. B) Water quality has been issued by virtue of our SFWMD permit. Changes made with this amendment will not affect water quality. C) The surface water management system will be designed to provide the required treatment and attenuation prior to discharging off site. Agenda Item No. 8A March 13,2007 Page 152 of 160 Pine Air Lakes DR! Preapplication Conference Summary Ouestion 17 Water Supply A-I) 1. The ADA response to question 17Al will address water supply. 2. The ADA response to question 17 Al, how the demand information was generated, will be addressed. B) The ADA response to question 17B, providing a breakdown of water supply, will be addressed. C) There are existing wells on site that are used for irrigation. D) All proposed wells will be permitted. During the review process the impacts to other wells will be analyzed. No impacts are anticipated. Question 21 - Transnortation The original DR! was approved in 1985, when an extensive analysis was prepared addressing the transportation related impacts of this project. The original DR! was approved for 1,280,600 square feet for retail and office uses. A revision to the DR! was approved in 1994 altering the square footage and specific uses. In 2004 an extension of the termination date build-out date from October 15,2000 to October 14,2005 was approved. The Developer has met the obligations in the original DR! Development Order with respect to off- site roadway improvements. The project has developed with uses that differ in trip generation characteristics that were previously analyzed under the original DR! Transportation analysis. A home improvement superstore (Lowe's), a member only warehouse (Costco) and a multi-screen movie theater are the primary trip generators to date within the project. The peak hour trip generation of these facilities is much lower than what was originally analyzed. It is the intent of this Substantial Deviation to allow for the conversion of some of the office floor area to retail uses and to pennit additional retail floor area while maintaining acceptable trip generation levels. Traffic counts will be collected at all project access drives serving the project site as well as at surrounding intersections within the Study area. A trip generation analysis will then be prepared for the existing uses. The trips remaining (based on the 1994 analysis) will be allocated to retail and office uses, which are anticipated to bring the total floor area permitted in the DR! to approximately 1,280,600 square feet (all uses). Recently approved retail uses within the DR! will also be included in the analysis (Sembler project). The TIS for this project will be referenced for peak hour and daily trip generation. The build-out year for the project will be assumed to be 2010. The analysis will address Question 21 as required. Question 24 - Housint! The availability of adequate affordable housing will be assessed using the methodology developed by the East Central Florida Regional Planning Council, as revised by June, 1999. Agenda Item No. SA March 13, 2007 Page 153 of 160 Pine Air Lakes DRl Preapplication Conference Summary G. Provide a list (or fonnal written request if required by the Regional Planning Council) of ADA questions, which you wish to have deleted or exempted, Provide a discussion or explanation of why you believe it is appropriate to delete from the ADA for your project. The following ADA questions are not applicable to Pine Air Lakes: Question 11- Revenue Generation Summary Question 12 - Vegetation and Wildlife Question 15 - Soils Question 16 - Floodplains Question 18 - Wastewater Management Question 19 - Stormwater Management Question 20 - Solid WasterlHazardous WastelMedical Waste (Developer will maintain standard Conditions) Question 22 - Air Question 23 - Hurricane Preparedness Question 25 - Police and Fire Protection Question 26 - Recreation and Open Space Question 27 - Education Question 28 - Healthcare Question 29 - Energy (Developer will maintain standard conditions) Question 30 - Historical and Archaeological Sites Question 31 - Airports Question 32 - Attractions and Recreation Facilities Question 33 - Hospitals Question 34 - Industrial Plants and Industrial Parks Question 35 - Mining Operations Question 36 - Petroleum Storage Facilities Question 37 - Port and Marina Facilities Question 38 - Schools "~l - -. ..~:. ......~ ~l; ..k~~.~-:k~~~ Agenda Item No. 8A March 13, 2007 . . ..~... . . 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IIi [il:ljiii;,i'l '~.r.!~tl".l.~z',.""'.l..1 .j tgi.n.n~ o illllllil:d h (i n \j Agenda Item No. 88 March 13, 2007 Page 1 of 65 ,-' SUPPLEMENTAL EXECUTIVE SUMMARY PUDZ-A-2005-AR-8550: Airport Road Limited Partnership, represented by Karen Bishop, of PMS Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD), to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acre site is located along the west side of Airport-Pulling Road CR 31), parallel to and approximately 1,600 feet north of Pine Ridge Road (CR 896); and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition DOA-2005-AR-8543). PROJECT STATUS: The Board of County Commissioners (BCe) originally heard this petition on January 23, 2007. The Executive Summary that was prepared for that hearing has been included in the information provided for this hearing. During the January 23, 2007 hearing, the Bce voted to continue this petition to the March 13, 2007 Board meeting to allow the applicant's agent an opportunity to gather more information to address this project's traffic impacts. ,,- SUPPLEMENTAL ANALYSIS: The petitioner's agent has not provided staff with additional information or a modified stance regarding the traffic issue at this time. The petitioner's agent has indicated that he is continuing to work with Transportation Planning Department staff; thus Zoning staff cannot provide any supplemental analysis at this time. The petitioner's agent has indicated that he will provide any additional information during his presentation at the March 13,2007 Board hearing, PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning & Land Development Review --- Pine Air Lakes. PUDZ-A-2005-AR-8550 BCC March 13.2007 Page 1 of 1 Item Number: Item Summary: Meeting Date: Agenda 11em No. 8B March 13. 2007 Page 2 of 65 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 88 Tnis Item was continued from the January 23, 2007 Bee meeting This Item requires that all participants be slIvorn In and ex parte dlsclosur'e be provided by Commission members PUDZ-A-2005-AF-8550:Alrport Road Limited Partnership represented by Karen BiShop, of PMS Inc.. of Naples and Richard Yovano\llch. of Goodlette_ Coleman and Johnson, requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No 94-25, to allow an increase in the maximum development area of 957.000 square footage (furtner limited to 707.000 square feet of retal! and 250,000 square feet of office), to a maXimum total of 1,075,000 square feet (furnlSr limited to 1,000000 square feet of retail space and 75,000 square- feet of office use): extend the bUlldout date from October 15 2005 to October 15, 20~IO, it18 subJect 148.99 acres, IS located along the west side of AlrpOri-Pufilng Road (CR 31), parallel tc and approxlrnatel)l1 .600 feet north of Pine Ridge Road (CR 896), and along both Sides of Naples Boulevard, In Section 11 Township 49 South. Range 25 East Collier COUllty, Florida. (Companion to PetitIOn DRIDOA-2005-AR -8543) 31131200790000 AM Pnncipal Planner Date Prepared By Kay Deselem, A1CP Community Development & Environmental Services Zoni ng & Land Development Review 12121120067:31 :36 AM Approved By Date Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 212312007 4:01 PM Approved By Chief Planner Date Ray Bellows Community Development & Environmental ServIces Zoning & Land Development Review 212612007 3:03 PM Approved By Zoning & Land Development DirectOr Date Susan Murray, AICP Community Development & Environmenta! Services Zoning & Land Development Review 212712007 11 :06 AM Approved By Date Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Deveiopment & Environmental Services Admin. 212812007 8:25 AM Approved By Transportation Planning Director Date Donald L. Scott Transportation Services Transportation Planning 2f2812007 9:00 AM Approved By Transportation Division Admimstrator Date Norm E. Feder, A1CP transportation Services Transportation Services Admin. 311120072:53 PM Approved By Date Marjorie M. Student-Stirling Assistant County Attorney 311120074:25 PM Approved By County Attorney County Attomey Office Joseph K. Schmitt Community Development & Environmental Sendces CommunIty Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin 3/2120U7 10: 11 AM AdminIstrative Assistant Date Approved By OMS Coordinator County Manager's Office Office of Management & Budget 312f2007 4:09 PM Budget Analyst Date Approved By Mark Isackson County Manager's Office Office of Management & Budget 31212007 4:49 PM Approved By Agenda Item No. 88 March 13.2007 Page 3 of 65 James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3151200710:59 AM Agenda Item No. 88 March 13, 2007 Page 4 of 65 EXECUTIVE SUMMARY PUDZ-A-2005-AR-8550 Airport Road Limited Partnership, represented by Karen Bishop, of PMS Inc., of Naples and Richard Yovanovich, of Goodlette, Coleman and Johnson, requesting an amendment of the Pine Air Lakes Planned Unit Development (PUD), to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. The subject 148.99 acre site is located along the west side of Airport-Pulling Road CR 31), parallel to and approximately 1,600 feet north of Pine Ridge Road (CR 896); and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (Companion to Petition DOA-2005-AR-8543). OBJECTIVE: To have the Board of County Commissioners (BCe) review staffs findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced rezone petition and render a decision regarding the petition. CONSIDERA TIONS: The petitioner is seeking to amend an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94-25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet of retail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15,2010. The subject property is also a Development of Regional Impact (DRI) and is subject to the requirements contained in the DRI Development Order which is being amended in a companion request. 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 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 co!!ected prior to issuance of a building Pine Air Lakes PUD, PUDZ-2005-AR-8550 Executive Summary for January 23, 2007 BCC Page 1 of 6 i\genda Item No. 88 March 13, 2007 Page 5 of 65 permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The subject property is designated (Urban - Mixed Use District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity Center Subdistrict) on the Future Land Use Map (FLUM). Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code. Pine Air Lakes is an existing mixed-use commercial/retail project located within Activity Center #13. Activity Centers permit a full array of commercial uses, residential uses, institutional uses and hotel/motel uses at a density consistent with the Land Development Code. The Board of County Commissioners (BCC) approved Development Order 85-5, which approved the DRI known as Pine Air Lakes on November 12, 1985 for 1,280,600 square feet of commercial floor area. The Southwest Regional Planning Council appealed the Development Order and the appeal was settled by the BCC adopting Resolution 86-63 on April 15, 1986. A revision to the DRI was approved in May of 1994 pursuant to Ordinance 94-25 changing the square footage from 1,280,600 to 957,000 square feet of floor area comprising 707,000 square feet of retail uses and 250,000 square feet of office uses. The original approval and subsequent amendments were found to be consistent with the 1989 Gwwth Management Plan, as amended. The applicant employed the firm of Metro Transportation Group, Inc., to conduct a Substantial Deviation Analysis for a Development of Regional Impact Study. The study maintains that the market in Collier County will most likely not support the development of 250,000 square feet of office space. Therefore the developer is seeking to increase the retail floor area and decrease the office floor area as shown in the following chart. Land Use Originally Currently Proposed Developedl Approved Approved Approved Retail 707,000 707,000 1,000,000 561,202 Office 368,000 250,000 75,000 13,499 Hotelll nstitutional 205,000 0 0 0 Total 1,280,600 957,000 1,075,000. 574,701 (Measurements are provided in square feet) In addition, a Fiscal and Economic Impacts of the Pine Air Lakes DRI Substantial Deviation on Collier County was prepared by the firm of Fishkind & Associates, Inc., and submitted as part of the Development Order Amendment to the Pine Air Lakes DR!. Pursuant to the study the fiscal impacts that the proposed change will have on Collier County are as follows: Pine Air Lakes PUD, PUDZ-2005-AR-8550 Executive Summary for January 23, 2007 BCC Page 2 of 6 Agenda Item No. 88 March 13, 2007 Page 6 of 65 The project pays for itself in terms of fiscal impact to the County and has a positive fiscal impact for the School District as shown in Table 1 below. The total net fiscal impact to the County is $3,922,544. The net present value of the fiscal impact on the County is $2,660,517. The positive net present value demonstrates that this development pays for itself in terms of impact to the County. For the School District, the project provides a net present value capital benefit of $32.2 million. Collier County, Net Total Fiscal Impact $3,922,544 Collier County, Net Present Value NPV) of Total Fiscal Impact $2,660,517 Total Ad Valorem Revenue for Collier County $1,947,717 Collier County School District, NPV of Capital Impact $537,884 Average Annual Economic Output in Local Economy at buildout $197,126,731 Average Annual Economic Output in Local Economy during Construction $128,813,361 Total Direct and Indirect Employment Impacts at buildout $6,784 In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. (Comprehensive Planning staffs comments are shown in parenthetically italics.) Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Provided for in Section L 1.07, E.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Providedfor in Section VIL 7.13, E.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. (Provided for in Section VIL 7.13 K.) Staff therefore believes this project is consistent with relevant requirements of the GMP FLUE and the GMP FLUM. Transportation Element: The proposed change in use (office to retail) and additional intensity adds approximately 10 percent more project trips to the adjacent roadway network than currently approved. Staff has evaluated the impacts associated with the increase with respect to consistency with Transportation Element Policies 5.1 and 5.2. The project access points are from Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15 percent reduction in trips since the completion of Livingston Road. Pine Ridge Road was evaluated with the conservative assumption of a 10 percent reduction in trips anticipated with the completion of the Golden Gate interchange. The project can be found consistent with respect to Policies 5.1 and 5.2. Staff has also evaluated the operational impacts that may be associated with the existing and proposed change. We recommend that the following mitigation strategies are incorporated if the project is approved; 1) the project interconnects with the industrial park to the north. 2) An additional eastbound to northbound left turn lane is added on Naples Boulevard at Airport Road. Pine Air Lakes PUD, PUDZ-2005-AR-8550 Executive Summary for January 23, 2007 BCC Page 3 of 6 Agenda Item No. 8B March 13, 2007 Page 7 of 65 3) The eXIstmg dual northbound to westbound dual left turn lanes on Airport Road are maximized. 4) Four permanent count stations are installed. 5) Two additional intersections on Airport Road are fitted with the SCOOT system. 6) A signal warrant study is conducted on Naples Boulevard at the intersection located opposite the movie theater and the proposed interconnection road. Upon meeting warrants, a signal should be installed. GMP Conclusion: The Growth Management Plan is the prevailing document to support land use decisions such as this proposed amendment. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with conditions, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is also consistent with GMP Transportation Element Policy 5.1 as previously discussed. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objectives and policies of the overall GMP. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental issues. TRANSPORTATION ISSUES: Transportation Review: Transportation Planning Department staff has reviewed the petition and the PUD document and Master Plan that accompanies the request. The project access points are from Airport Road and Pine Ridge Road via Naples Boulevard. Airport Road has seen a 15 percent reduction in trips since the completion of Livingston Road. Pine Ridge Road was evaluated with the conservative assumption of a 10 percent reduction in trips anticipated with the completion of the Golden Gate interchange. Transportation Planning Department staff has evaluated the operational impacts that may be associated with the existing and proposed change. We recommend that the following mitigation strategies are incorporated if the project is approved; 1) the project interconnects with the industrial park to the north. 2) An additional eastbound to northbound left turn lane is added on Naples Boulevard at Airport Road. 3) The existing dual northbound to westbound dual left tUl11 lanes on Airport Road are maximized. 4) Four permanent count stations are installed. 5) Two additional intersections on Airport Road are fitted with the SCOOT system. 6) A signal warrant study is conducted on Naples Boulevard at the intersection located opposite the movie theater and the proposed interconnection road. Upon meeting warrants, a signal should be installed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on December 21, 2006. Commissioner Tuff made a motion to approve the petition with staffs recommendation (to include the denial of Deviation 1) and the stipulations added by Commissioner Strain. Commissioner Adelstein seconded the motion. The CCPC voted 4 to 4 on Lhe motion Lhus there is no recommendation from the CCPC to the Board. Those commissioners who voted against the Pine Air Lakes PUD, PUDZ-2005-AR-8550 Executive Summary for January 23, 2007 BCC Page 4 of 6 Agenda Item No. 88 March 13, 2007 Page 8 of 65 motion indicated that they had concerns about the project's intensification, perceived additional traffic congestion, and the loss of perceived necessary office space. Those commissioners voting in support of the motion took the opposite stance, noting that the traffic situation would be improved and office uses were not more desirable at this location. Commissioner Strain's stipulations are as follows: 1. The remainder of the project's development shall be phased. The first phase shall contain a maximum of 805,000 square feet of floor area. No certificates of occupancy shall be issued for any remaining square footage until the following roadway improvements are fully operational (The PUD document and the DR! development order set forth the exact requirement language): The developer shall extend the north bound left turn lane from Airport Road into Naples Boulevard stacking lane in compliance with the requirements set forth by the Transportation Division and said improvements shall be completed and operational within one year of this PUD Amendment and Development Order amendment approval. The developer shall construct the additional east bound lane on Naples Blvd. heading north onto Airport Road within two years of this PUD Amendment and Development Order amendment approval. 2. The developer shall correct the open space number discrepancy on the master plan. (This revision will be made in conjunction with any other changes that may be directed by the BCC if a recommendation of approval is forthcoming.) LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Board of County Commissioners (BCC) must be based. The legal considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the LDC. These evaluations are completed as separate documents that were incorporated into the staffreport. A summary of the legal considerations and findings recommended by staff are noted below: 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 Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None. Pine Air Lakes PUD, PUDZ-2005-AR-8550 Executive Summary for January 23, 2007 BCe Page 5 of 6 Agenda Item No. 88 March 13, 2007 Page 9 of 65 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 site size or configuration of the parcel do not change. Con: The petitioner's may be viewed by the surrounding property owners as an intrusion into their neighborhood. Finding: Staff believes the petitioner's commitments to participate in roadway improvements will offset any negative impacts upon the surrounding property owners. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract could be developed without this amendment adding square footage. It is the petitioner's choice to seek the proposed action. 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 neighborhood. Pro: The County's current land use policies in the FLUE support the proposed action or at the proposed use is not contrary to the current land use policies. Con: The perceived higher intensity may not coincide with the nearby property owners' perception of the area's potential development. Findings: The proposed change should not adversely influence living conditions in the neighborhood because the recommended new transportation improvements and other conditions already contained in the PUD document and the DRI Development should ensure the least amount of adverse impact on adjacent and nearby developments. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2005- AR-8550, except Deviation 1 shall be denied. PREPARED BY: Kay Deselem, AICP, Principal Pla..Tmer Department of Zoning and Land Development Review Pine Air Lakes PUD, PUDZ-2005-AR-8550 Executive Summary for January 23, 2007 BCC Page 6 of 6 Agenda Item No. 88 March 13, 2007 Page 10 of 65 Co~T County - '-~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: DECEMBER 12,2006 SUBJECT: PUDZ-A-2005-AR-8550: AIRPORT ROAD LIMITED PARTNERSHIP, FOR PINE AIR LAKES PUD (COMPANION TO DOA-2005-AR-8543) APPLICANT: Mr. Jason Wagner, Vice President Airport Road Limited Partnership 800 Seagate Drive, Suite 302 Naples, F134103 AGENTS: Ms. Karen Bishop PMS of Naples, Inc. 2335 Tamiami Trail N, # 408 Naples, FL 34103 Mr. Richard D. Y ovanovich, esquire Goodlette, Coleman, & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commissioner (CCPC) consider an amendment to the PUD zoning that was granted on November 12, 1985, and amended several times in Ordinances 85-67a, 85-67b, 92-1 a, 92-1b, 94-25 and 01-44. The subject property is also a Development of Regional Impact (DRI) and is subject to the requirements contained in the DRI Development Order which is being amended in a companion request. GEOGRAPHIC LOCATION: The subject 148.99 acres, is located along the west side of Airport-Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. (see location map on the following page). Pine Air Lakes PUD. PUDZ-A-2005-AR-8550 December 21, 2006 eepe Page 1 of 8 i\qenda Item No. 88 - March 13, 2007 Page 11 of 65 PURPOSE/DESCRIPTION OF PROJECT: The petitioner is seeking an amendment of the Pine Air Lakes Planned Unit Development (PUD) last revised in Ordinance No. 94-25, to allow an increase in the maximum development area of 957,000 square footage (further limited to 707,000 square feet of retail and 250,000 square feet of office), to a maximum total of 1,075,000 square feet (further limited to 1,000,000 square feet ofretail space and 75,000 square feet of office use); extend the buildout date from October 15, 2005 to October 15, 2010. SURROUNDING LAND USE AND ZONING: North: a car dealership, zone C-4 and various industrial uses on platted lots with an Industrial zoning classification East: Airport-Pulling Road, then a canal, then residential uses within Tall Pines subdivision, with a zoning designation ofRSF-3 residential lots South: Various commercial uses with frontage on Pine Ridge Road or Airport-Pulling road or both, with a zoning designation of C-5 West: Industrial uses along Lee Ann Lane and Yahl Street AERIAL MAP Pine Air Lakes PUD, PUDZ-A-2005-AR-8550 December 21, 2006 CCPC Page 2 of 8 Agenda Item No. 8B March 13, 2007 Page 12 of 65 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated (Urban - Mixed Use District, Urban Residential Subdistrict, and Urban Commercial District, Mixed Use Activity Center Subdistrict) on the Future Land Use Map (FLUM). Relevant to this petition, the Mixed Use Activity Center Subdistrict permits a full array of commercial uses, residential uses, institutional uses, hotel/motel uses at a density consistent with the Land Development Code. Pine Air Lakes is an existing mixed-use commercial/retail project located within Activity Center #13. Activity Centers permit a full array of commercial uses, residential uses, institutional uses and hotel/motel uses at a density consistent with the Land Development Code. The Board of County Commissioners (BCC) approved Development Order 85-5, which approved the DRI known as Pine Air Lakes on November 12, 1985 for 1,280,600 square feet of commercial floor area. The Southwest Regional Planning Council appealed the Development Order and the appeal was settled by the BCC adopting Resolution 86-63 on April 15, 1986. A revision to the DRI was approved in May of 1994 pursuant to Ordinance 94-25 changing the square footage from 1,280,600 to 957,000 square feet of floor area comprising 707,000 square feet of retail uses and 250,000 square feet of office uses. The original approval and subsequent amendments were found to be consistent with the 1989, Growth Management Plan, as amended. The applicant employed the frrm of Metro Transportation Group, Inc., to conduct a Substantial Deviation Analysis for a Development of Regional Impact Study. The study maintains that the market in Collier County will most likely not support the development of 250,000 square feet of office space. Therefore the developer is seeking to increase the retail floor area and decrease the office floor area as shown in the following chart. Land Use Originally Currently Proposed Developedl Approved Approved Approved Retail 707,000 707,000 1,000,000 561 ,202 Office 368,000 250,000 75,000 13,489 Hotel/Institutional 205,000 0 0 0 Total 1,280,600 957,000 1,075,000. 574,701 (Measurements are provided in square feet) In addition, A Fiscal and Economic Impacts of the Pine Air Lakes DRI Substantial Deviation on Collier County was prepared by the firm of Fishkind & Associates, Inc., and submitted as part of the Development Order Amendment to the Pine Air Lakes DR!. Pursuant to the study the fiscal impacts that the proposed change will have on Collier County are as follows: The project pays for itself in terms of fiscal impact to the County and has a positive fiscal impact for the School District as shown in Table I below. The total net fiscal impact to the County is $3,922,544. The net present value of the fiscal impact on the County is $2,660,517. The positive net present value demonstrates that this development pays for itself in terms of impact to the County. For the School District, the project provides a net present value capital benefit of $32.2 million. Pine Air Lakes PUD, PUDZ-A-2005-AR-8550 December 21, 2006 CCPC Page 3 of 8 Agenda Item No. 88 March 13, 2007 Page 13 of 65 Collier County, Net Total Fiscal Impact $3,922,544. Collier County, Net Present Value NPV) of Total Fiscal Impact $2,660,517. Total Ad Valorem Revenue for Collier County $1,947,717. Collier County School District, NPV of Capital Impact $537,884. Average Annual Economic Output in Local Economy at buildout $197,126,731. Average Annual Economic Output in Local Economy during $128,813,361. Construction Total Direct and Indirect Employment Impacts at buildout $6,784. In order to promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. (Comprehensive Planning staffs comments are shown in parenthetically italics.) Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (Provided for in Section 1, 1.07, B.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (Provided for in Section VII, 7.13, B.) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection point with adjoining neighborhoods or other developments regardless of land use type. (Provided for in Section VII, 7. 13 K.) Staff therefore believes this project is consistent with relevant requirements of the GMP FLUE and the GMP FLUM. Transportation Element: Transportation staff has reviewed this project based on the current TIS guidelines and with respect to the Collier County Growth Management Plan Transportation Element and has determined that the project is consistent with the Transportation Element if the PUD document is amended to address the concerns raised regarding PUD Section 7.1.1. This issue is discussed in detail in the analysis section of this report. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Sections 10.02.13 and 1O.02.13.B.5 of the Land Development Code and required staff evaluation and comment. The staff evaluation establishes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn, use the criteria to support their action on the rezoning request. These evaluations are completed as Clt:llo-n....."ta. rl,-".nll.........ClI'9"11+C'O n'9"lld ..."....0 .....+tnnharl to th..o C"+affre~~rt (C'aa ExJ..;b~+ ^ ar......~ c"V"b~l-..~t D\ ':)"-'l'U.lU \",I UV\,..tUIH~11l':) au Ul \",I ULlU\",IU\",-U l LU","".:')l .1 pVliJ.......\...- 111 It.l'""'\.. lU LA HUlL. .LJ). Pine Air Lakes PUD, PUDZ-A-2005-AR-8550 December 21, 2006 CCPC Page 4 of 8 Agenda Item No. 88 March 13, 2007 Page 14 of 65 Environmental Review: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council did not review this petition because the proposed changes do not have any impact on environmental Issues. Transportation Review: Transportation Planning staff has reviewed the petition and the PUD document and Master Plan that accompanies the request, and is recommending approval of this amendment subject to the stipulations in the PUD document, especially staffs wording of PUD Section 7.1.1. The petitioner is not in agreement with staff wording and has proposed alternative language. This issue is discussed in more detail in the Deviation Discussion of Zoning Staffs reView Zoning Review: Relationship to Existing and Future Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action (PUD amendment) is approved, and to the requirements or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The list of uses is not proposed to change, per se. The PUD was approved to allow both retail and office uses, and that is still the case. The actual mix of how much of each type-retail and office-is what is proposed to change. The uses were determined to be consistent with the GMP when the original Pine Air Lakes rezoning was approved, and as part of that consistency finding, the uses were deemed to be compatible with the land uses that have been developed or would be developed on adjacent tracts. As discerned from the aerial photograph, the surrounding zoning discussion and the Master Plan, the Pine Air Lakes PUD is already developed or developing with mostly retail uses. The surrounding area uses, consisting of either industrial or commercial uses, have co-existed with this project as it has been developing with seemingly little problems; no changes are proposed to the PUD document that would allow different development. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. There are no "new" land uses proposed in this petition; the intensity of the retail uses is proposed to increase but a decrease in office uses is also proposed to offset any net increase in project intensity. In reviewing the appropriateness of the requested intensity on the subject site, the typical compatibility analysis would include a review of both the subject proposal and surrounding properties as to allowed use intensity, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction, etc. The Master Plan submitted for the PUD does not show project design detail. No buildings have been shown on that plan. The Master Plan is not required to show design detail such as building footprints. Staff does not believe the proposed amendment will affect the finding of compatibility that was made when this PUD was originally approved. Pine Air Lakes PUD, PUDZ-A-2005-AR-8550 December 21,2006 CCPC Page 5 of 8 Agenda Item No. 88 March 13, 2007 Page 15 of 65 Deviation Discussion: The petitioner is seeking one deviation from the requirements of the LDC for parking requirements. The deviation is found in PUD document Section 7.14.1. The petitioner proposes the following language for this section: Tfnerever feasible, the Pine Air Lakes project shall interconnect with adjoining neighborhoods or other developments regardless of land use type as described in Policy 7.3 of the Future Land Use Element. However, any par~ing spaces lost due to these interconnections shall not be required to be replaced. 171e Developer shall be granted a deviation from the minimum parking requirements set forth in the LDC equal to the lost parking spaces, Transportation staff is concerned about this deviation as is zoning staff. Transportation planning staff notes that there is an LDC amendment pending in the current cycle that if approved, will revise LDC Section 4.04.01.E. The excerpt essentially states what transportation staff wants in PUD document Section 7.14.1. The LDC amendment states: During the development or redevelopment of commercial or residential projects and all rezone petitions shared access and interconnection shall be required 'Kith in and to the boundmy of the application under revie'K'. Should the shared access or interconnection require the removal of existing parking spaces, the applicable development v..ill not be required to mitigate for the parking spaces. 171e County Manager or designee shall require the shared access and interconnection unless in the professional judgment of the County ;A,,fanger or designee one of the follov.ing criteria prohibits this requirement. 1. It is not physically or legally possible to provide the shared access or interconnection, 2, The cost associated with the shared access or interconnection is unreasonable. For this application unreasonable H'i!l be considered when the costs exceed the cost of a typical local road section or is above 10% of the value of the improvements being made to the development 3. The location of environmentally sensitive lands precludes it and mitigation is not possible. 4. 17ze abutting use isfound to be incompatible 'Kith the existing or proposed use. Staff is concerned about approving a "blanket" deviation such as this language proposes. Staff cannot adequately provide any recommendation to the CCPC or to the BCC for such a deviation because the extent of the deviation or the possible ramifications of approval are not known at this time. The ultimate use of the parcels is not known, thus the amount of required parking for which a deviation would be sought is not known. Staff cannot evaluate a deviation request unless the petitioner provides a LDC citation stating the specific parking space requirement and state what would be provided instead. Staff cannot evaluate the deviation's impacts upon the public health, safety and welfare. Staff believes that if the petitioner wishes to pursue a parking Pine Air Lakes PUD. PUDZ-A-2005-AR-8550 December 21, 2006 CCPC Page 6 of 8 Agenda Item No. 88 March 13, 2007 Page 16 of 65 deviation beyond what is proposed in the LDC amendment, the deviation should be addressed in another PUD amendment when specific information can be provided. Transportation Planning and Zoning staff members have discussed this issue with the agents. The petitioner's agents are not in agreement with staffs position, citing fear that either the LDC amendment will not pass, or if it does, it may be in a different form, and/or the LDC could later be amended to change the language. This petitioner would then be subject to something other than what is proposed. Staff understands the petitioner's concern with the potentially changing future regulations, but notes that staff has similar concerns with potentially significant but unknown parking space provisions. Zoning and Land Development Review staff has reviewed this deviation and recommends DENIAL. finding that, in compliance with LDC Section 1O.02.13.A.3. the petitioner has not demonstrated that "the element may be waived without a detrimental effect on the health. safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant held the required meeting at the Italian-American Club on January 31, 2006 at 6: 3 0 p.m. Six persons other than the developer's team and county staff attended. Several in attendance identified themselves as surrounding business owners and employees. Of those who spoke, the majority had concerns relative to traffic impacts and interconnection possibilities. Mr. Richard Y ovanovich, acting agent for the property owners presented the overall conceptual site plan. Ms. Karen Bishop, acting on behalf of the developer(s), responded that a frontage road is to be constructed on both sides of Naples Boulevard, as well as possible connection improvements from Corporation Boulevard and the Industrial Park. One person objected to the request for increasing the total square footage of the current PUD, citing current traffic congestion and the potential for increased hazardous driving conditions. (Synopsis provided by Linda Bedtelyon, Community Planning Coordinator) RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUD-Z-A-2005-AR-8550 to the Board of County Commissioners with a recommendation that this amendment be deemed consistent with the GMP, and further that the PUD amendment be approved, with the limitations contained in the PUD document and subject to the amended DRI Development Order. Pine Air Lakes PUD, PUDZ-A-2005-AR-8550 December 21, 2006 CCPC Page 7 of 8 Aoenda Item No. 88 ~ March 13, 2007 Page 17 of 65 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, 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 DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the January 23,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings Pine Air Lakes PUD, PUDZ-A-2005-AR-8550 December 21, 2006 CCPC Page 8 of 8 COI'-LD COOCD __ 0..... NO 'CO ,'V') ..- C"- (l)r-<D c="2g' <1lC'Cll.. ~2 (l) OJ <t: a.. <C ~ (!) Z Z o N ~ I ~ 1l..a.LVJ..lHllH1 0 C')1t) ..,.It) It) CO CO, ,r:r:: r:r::< <, ,It) It) 0 00 ON N, :rnos OJ. ltlN I IN Z-- <0 - O::l On. '1:1:'1:1: Z ClN'Ita'1n08 ~ VJ.N'WI: ~I~ 0 II II f- li~ ill ill; I~ toi; I i ~ f- lili; ~ l!l i ; w I 0.. ~ I It ~3.LVJaaIHI ~!I ~ I a.. ~ I <C ~i i ~ I CMlll ~ Z !- 0 ~ i! Il Ii - i I- <C I <..:> 0 IE ~! i ...J i & I 11 II i~ l!li~ I II il f;li~ I Ii ~ Il l< tu.'STl) "IWJ. I'VW'N~ Aaenda Item No. 88 ~ March 13, 2007 Page 19 of 65 Exhibit A REZONE FINDINGS PETITION PU DZ-A-2005-AR-8550 Chapter 10.03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies 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 Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP. Con: None. 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 site size or configuration of the parcel do not change. Con: The petitioner's may be viewed by the surrounding property owners as an intrusion into their neighborhood. Finding: Staff believes the petitioner's commitments to participate in roadway improvements will offset any negative impacts upon the surrounding propeliy owners. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not applicable. Findings: The location and zoning map that is attached to the staff report show the site size or configuration of the parcel do not change. 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 district boundaries are logically drawn as previously noted. Page 1 of 5 Agenda Item No. 8B March 13, 2007 Page 20 of 65 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is not necessary, per se; it is being requested in compliance with the LDC allowances to seek such changes. Con: The subject tract could be developed without this amendment adding square footage. It is the petitioner's choice to seek the proposed action. 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 County's current land use policies in the FLUE support the proposed action or at the proposed use is not contrary to the current land use policies. Con: The perceived higher intensity may not coincide with the nearby property owners' perception of the area's potential development. Findings: The proposed change should not adversely influence living conditions in the neighborhood because the recommended new transportation improvements and other conditions already contained in the PUD document and the DRI Development should ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases ofthe development, or otherwise affect public safety. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP, requiring neighborhood connection because the petitioner has agreed to create provide interconnections. As noted above, the petitioner has agreed to participate in roadway improvements to offset adverse effects the perceived increased traffic may cause; therefore, approval of this project should not create types of traffic deemed incompatible with surrounding land uses and it should not affect the public safety. The GMP Transportation Element Policy that encourages interconnection to neighborhoods provides a positive effect on public safety because interconnections conserve highway capacity on collector and arterial roadways. Con: As urban intensification occurs, surrounding property owners could perceive there will be negative impacts. EXHIBIT A Rezone Findings PUDZ-A-200S-AR-85S0 Page 2 of 5 Agenda Item No. 88 March 13, 2007 Page 21 of 65 Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMP and the project was found consistent. Additionally, certain transportation improvements are included in the PUD document. 8. Whether the proposed change will create a drainage problem. Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement and are already in place for the most part. Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro/Con: Evaluation not applicable Findings: All projects in Collier County are subject to the development standards that 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: Urban intensification typically increases the value of adjacent or underutilized land. 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 that their sound application, when combined with the site development EXHIBIT A Rezone Findings PU DZ-A- 2005-AR-8550 Page 3 of 5 Agenda Item No. 88 March 13, 2007 Page 22 of 65 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. 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: The petitioner could finish the development of the commercial PUD within the parameters of the existing PUD document and the DRI Development Order allowance. Con: None. Findings: Any petition for a change in land use is reviewed for 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: Staff believes this amendment request proposes changes that are within the scale of the needs of the neighborhood and County. Con: Nearby property owners may object to the perceived intensification because of concerns about increased traffic congestion. 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 it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable EXHIBIT A Rezone Findings PUDZ-A-2005-AR-8550 Page 4 of 5 Agenda Item No. 88 March 13, 2007 Page 23 of 65 Findings: Because the petitioner is seeking to amend a particular PUD to add square footage to an already approved and partially built project, this analysis is not germane in this petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable due to existing development. Findings: Any development of this site would require considerable site alteration with the existing or the proposed zoning. 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 LDC regarding Adequate Public Facilities. 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 PUDZ-A-2005-AR-8550 Page 5 of 5 Exhibit B PUD FINDINGS PUDZ-A-2005-AR-8550 Agenda Item No. 8B March 13, 2007 Page 24 of 65 Section 10.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: The nearby area is developed with industrial or commercial uses and the petitioner amendment would add additional retail square footage to the project. The existing portion of the Pine Air Lakes PUD uses have existed in seeming harmony with the neighborhood and staff does not anticipate that the amendment will change that situation. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. The petitioner has agreed to provide for any increased traffic impacts and address staff s concerns about safety regarding the increased intensity in several ways as noted below: The petitioner has agreed to provide an additional north bound right turn lane from Naples Boulevard to Airport Road, within one year of the PUD Amendment and Development Order Amendment approval if the county requests this improvement (PUD Section 7.14.E.3). The petitioner has agreed to provide an additional one (1) foot sidewalk easement shall be provided by the Developer within the twenty (20) foot buffer along the Airport Road frontage, north of Naples Boulevard, at Collier County's request within one year of the PUD Amendment and Development Order Amendment approval (PUD Section 7.14.G). The developer has agreed to the following additional Transportation conditions (PUD Sections 7.14 Q-S): At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter will be installed by the developer or at the discretion of Collier County a designated park and ride location will be required in lieu of the shelter. The exact location vvill be determined during site development plan review and 'Will be constructed within one year of the PUD Amendment and Development Order Amendment approval. Developer shall contribute to Collier County's SCOOT program along Pine Ridge Road to include two additional intersections in the amount not to exceed $50,000.00. Contribution to Collier County shall be made within one year of the PUD Amendment and Development Order Amendment approval. In lieu of the annual traffic counts for the PUD monitoring requirements, the developer agrees to make a payment to Collier County to install four permanent count stations not to exceed a total of $40,000.00 as per LDC Section 10.02.13. Payment to Collier County shall be made v.ithin one year of the PUD Amendment and Development Order Amendment approval. Page 1 of 3 Agenda Item No. 88 March 13. 2007 Page 25 of 65 The Developer agrees to coordinate the design and coordinate the construction of the interconnection to the north into the industrial park with the owner of Naples Dodge, as shown on exhibit "C", within one year of the request of Collier County the Developer agrees to provide the appropriate easements. Con: The additional retail square footage may be viewed as having a negative impact upon transportati on. Finding: The stipulations included in the PUD document adequately address the impacts from the proposed amendment. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contracts, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the original application provided evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an 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: Staffs analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The GMP Transportation Element Policies 5.1 and 5.2 contain measurable components; however, FLUE Policy 5.4 does not. Compatibility is more subjective. Finding: Staff has recommended that the subject petition has been found consistent with the goals, objectives and policies of the GMP as provided for in the adopting ordinance. Please see the staff report for a more detailed discussion. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. PUD FINDINGS PUDZ-A-2005-AR-8550 EXHIBIT B Page 2 of 3 Agenda Item No. 88 March 13,2007 Page 26 of 65 Finding: Staff analysis as contained in the staff report indicates that this petition is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent with the provisions ofthe Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements does not appear to be a significant problem as part of the PUD amendment process, but the project's development must be in compliance with applicable concurrency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: The petitioner has agreed to several transportation conditions as explained above. Con: The surrounding property owners may not perceive that adequate accommodations have been made to address roadway impacts. Finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject property has the ability to support expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. The petitioner is not seeking any deviations as part of the rezoning approval. PUD FINDINGS PUDZ-A-2005-AR-8550 EXHIBIT B Page 3 of 3 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET ~ Item No. 88 --'i\1tarch 13, 2007 Page 27 of 65 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 r, PETITION NO (AR) PROJECT NAME PROJECT NUMBER DA TE PROCESSED ASSIGNED PLANNER pUDZ-A-2005-AR-8550 PROJECT #19990038 DATE: 10/31/05 MICHAEL nos I NAME OF APPLICANT(S) AIRPORT ROAD LIMITED PARTNERSHIP ADDRESS 800 SEAGATE DR.. #302 _CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239-261-2995 CELL # FAX # 239-26' -4278 E-MAIL ADDRESS: NAME OF AGENT RICHARD YOVANOVICH OF GOODLETTE COLEMAN AND JOHNSON ADDRESS 4001 TAMIAMI TRAIL N., SUITE 300 CITY NAPLES STATE FL ZIP 34103 TELEPHONE # 239-435-3535 CELL # FAX # 239-435-12' 8 E-MAIL ADDRESS:RYOVANOVICH@GCJLAW.COM E.. BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 88 March 13, 2007 Page 28 of 65 L> ,,:- -:-..- ~,~.,,'~ ;.-~,~ . ;::':,;''1'. 'S:OPi..P"i" fr'TAil;.j: :::, ,"cr;a' ",Q....I8.\l'J..Q,!"lS', \ ":'. ,,- .......'.....N.fi.."...".;;;; ::'. '_, .,._. ,,:,;;~'~ _'''''._'~:' ... ;.,,;.~~,~~~::,~'..:;.,,--;..: ,~,.;,:;.~.;; .n,;,;" . :..;,~:::~~;,~:::: ~~.:~::~;::>. ,.... .0 _ .: ':'.::: :,.~, ,: ::":.:::' ...: ::,~'~:'~""" ,. .. ~.> .;',;:~,: .... . . 'II ...... . -,'.......- -..-','''.'--','-''''.. '.. ~", ,-" '" - ...," ": . ,'- :"C- ~ - ....- _ ".---- . ,..... Complete the following for all Association(s) affiliated with this petition. Provide additional sheels if necessary. NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY ST A TE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY ST A TE ZIP :..,.. ,!~~iqs~nt~.Qf.Jllt~i~st:t~fQ~lI!~tio.lii:!'~,!iH.1,(' a. If the property is owned fee simple by an INDIVIDUAL, tenancy by Ihe entirety, tenancy in common, or joint lenancy, list all parties with an ownership interest as well as Ihe percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership Application For Public Hearing For PUD Rezone: 6/14/04 Agenda Item No. 88 March 13. 2007 Page 29 of 65 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 See exhibit Percentage of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Daniel Aronoff is President of Airport Rood, Inc" A general partner of Airport Limited Partnership Percentage of Ownership 100% 100% Application For Public Hearing For PUD Rezone 6/14i{)4 Agenda Item No. 88 March 13, 2007 Page 30 of 65 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or ofFicers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired 0 leased D Term of lease yrs.fmos. If, Petitioner has option to buy, indicate the Following: Date of option: Date option terminates: Anticipated closing date , or h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the dale 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 6/14/04 I' ,.. ...............--PROPEJ{TM:LQCATIQN..._ Agenda Item No. 88 .. '-:.;'.~~~ahQl~;~1g~ '" Detailed leeal description of the propertv covered bv tbe 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/T ownship/Range 11 I 495 I 25E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 66760001723.6676000274.66760000369. 66760011027.66760011302.66760010345.66760010303.66760002120,66760001820. 66760002065 Metes & Bounds Description: See Attoched Size of J)ropcrtv: ft. X ft. = Total Sq. Ft. Acres 148.99 Adch'ess/I!:enerallocation ofsubiect property: West and contiguous to Airport Road. parallel to and appl'ox. 1.600 feet north afPine Ridge Road: approx. 1.300 feet west. the boundary iogs south then west again appJ'ox. 1,300 feet. parallel to Pine Ridge Rd. PUD District (LDC 2.03.06): 0 Residential 0 Community Facilities cg] Commercial 0 Industrial 1--::.:,.: -. ...:: ~'d::ADJ:t\.CEN'f ZONiNG ANI) LAND'USE ; ': : ~-::: ~.~.;, 'J Zoning Land use N C-4 Naples Dodae S Commercial Various Commercial E ROW ,r Airport Road _1~fVl4Sh--)'Ui \ w ~mmm'CIaT V~ou.sLGm~ -- .. Does the owner of the subject property own property contiguous to the subject properly? If so, give complete legal description of entire contiguous properly. (If space is inadequate, attach on separate page). m Section/T ownship/Range I I Lot: Block: Subdivision: _0 _ _ I ... _..J.L t"lar I)OOK_ rage 11-: Property tD.#: Applicatiml For Public Hearing For PUD Rezone 6/J4/04 Metes & Bounds Description: Agenda Item No. 88 March 13, 2007 Page 32 of 65 I . ..,.,. . .. (::;;;,;;.;;....;:;;.;;,;,;. ;'," "..'~:,:.,...,,,. C::RE""'" .'Z:O' 'N' . 'E"::U" ;"Q:11' "E" 'S'.,r,":,:.,',:....'i'..i;"',.;;.:.-:-:.:.'::,:::,:: "'" ' . ... . I., . "" ""''''''''''',.,'+-'' ,....... ~;::l.;; .~;;;. ,:" -"'i ,_ (~:': . ,._,~::':. ,:;:q , ~, ,. '-:-'. .: ,. _.' ,',,;:' ~:':::'.;::~\'7. C,:;:::.::~::::[~:;;;:~:.:.:::::'~'.<::";:' :,,-, . ...... ...... - .... -...... . .~' .~.., ,.': 'e'~'":',._. "~'~"I"';';""~ ;:,_". -. : ~ ,..".... J .....:.,..:_,;."c,...-_.;.,:..;:,;:;;:;,-;.;...."_.. This application is requesting a rezone from the PUD zoning district(s) to the PUD zoning district(s). Present Use of the Property: Commercial and Retail Use Proposed Use (or range of uses) of the property: Commercial and Retail Use. Originally in 1985 PIne Air was approved for 1.280.600 square feet. A revision was approved in 1994 alterlna the square footaoes and uses. We are requestinQ to increase the square footage by 323.600 square feet. Original PUD Name: Pine Air lakes Ordinance No.: Ord#94-25 l:;Y:}'~ ::::~'~;~t::'-'>:- ~ ~.::-::;, " :~,,':':~:::::':;';::EVApUlAmloj\jr~~EiUA." ..:;--'.,,:, :. :'_ .-, ..' ''j':;:I:;:!_<,,'..':I::J,'. '.J Pursuant to Section 10.02.13 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the appli~able 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 iLDC Section 10.02.13.8) 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pine Air Lakes is an existing Mixed-Use commercial/retail project that lies within Collier County ReglonClI Activity Center No.1 3. Access Is alonQ Naples Blvd. from Airport Road to Pine Ridge Rood. These roadways have been turned over to the county and all of the required water management system has been permitted throuQh SFWMD with opprox. 80% of the total water manaQement system either completed or under construction. 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. tUb 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. As an existing vested Development of Regional Impact since 1985 with approved local Planned Unit Development designation, this proiect is clearly consi1>~ent with local comprehensive plan and land develQQment regulations. This proiect is located in Activitv Center No, 13 where uses are suggested to be clustered. The property is located near al1el'ials and provides relief to the North Airport Road. Since it is an approved PUD, it provides consistency with the LDC. The revision to this application will not require an amendment to the adopted local comprehensive plan. including: the capital improvements element. Applic~tioll For Public Hearing For pun Rezone 6/14/04 Agenda Item No. 88 .' 4. The internal and external compatibility of proposed uses, which conditions may include March 13, 2007 restrictions on location of improvements, restrictions on design, and buffering and screenih~ge 33 of 65 requirements. Since Pine Air 1s located in an Activity Center and Is surro\l!lQed by Commercial/Retail Uses it is compatible with the surroundina areQ., 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Approx. 33 acres is reserved for 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. This DRI was oriainally opproved in 1985 so faclllties were built around thls area. 7. The ability of the subject property and of surrounding areas to accommodate expansion. The DRI for Pine AIr was originally approved for 1 ,,280.600 sauare feet. This application is not requestlno anymore square footoge tl1en previously approved. 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. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You ma)' 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 subject property: To your knowledge, has a public hearing been held on this property withIn the last year? r8J Yes 0 No 9/28/04 If so, what was the nature of that hearing? The DO expiration date was changed. NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned 0 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 continlle nroceso;inn or otherwise activelv nlJrsue the rezonina for a Deriod of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of "sufficiency". Further review of the project will be subject to the then current code. (LDC Section 10.03.05.Q.) Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 88 March 13, 2007 5 No. of Copies 024* ~ ~* cg{ Q14 ~ 02* ~ 04 05* 04 ~ 04 04 04 04 04 ~ 01 G'f Q/ THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET Completed Application Pre-Application Meeting Notes Legible Conceptual Site Plan 24" X 36" Conceptual Site Plan 8 Y2" X 11" PUD Document and Master Plan Check here If not required o o o o o o ~ o ~ cg/ ~ o U?" ~ ~ ~ ~ o ~ 24" X 36" Master Plan Warranty Deed or Contract for Sale Owner/Agent Affidavit, signed & notarized Environmental Impact Statement or waiver Aerial Photos with Habitat Areas Identified Utility Provisions Statement with Sketches Traffic Impact Statement or waiver Historical Surveyor waiver Architectural Rendering of Proposed Structures Boundary Survey, no more than 6 months 0Id(24" x36") Copies of State and/or Federal Permits Affordable Housing Density Bonus Agreement, if applicable Electronic Copy of PUD Document & Plans Copy of Letter notifying the U.S. Postal Service of project Addressing Checklist #< Olle additional copy rel/llired iffor AfJonlable HOllsing Required Fees As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checIdist is included in this submittal package. I understand that failul'e to include all necessa bmittal information .may result in the delay of processing this petition. I 0- IO--OS-- Date Applicatioll For Public Hearing For PUD Rezone 6/14/04 Agenda Item No. 8B March 13, 2007 Page 35 of 65 EXHIBIT A PROPERTY OWNERS Airport Road Limited Partnership Sembler/Gaeta Naples Partnership #1, Ltd. SW Florida Restaurant Holdings, LLC (Dairy Queen) TIB Bank of the Keys Best Buy Clean Pursuit Costco Wholesale Corporation Lowes Naples Plaza Limited Partnership Realty Income Trust Tompkins Foster, as Qualified Intermediatry for Bailes Family Limited Partnershop Boulevard Shoppe, LLC Pine Air Lakes Community Development District .. . ..... . ." ," .- .' . . . . I " '" _:. -',., . , . '... .... : :. ',.'., ~'. :~~ ~~ .;". .~;. . . ..... '. . ,:, :. " " .:. '.. ..':.:.; :"~,'. :.... :' . . . . . . ",' . -:.-~.. '>'~"'.'" . ,.,..~:.,: .~.:..'. . '.:'. ", ... . ,.:r'. ", .~.~: . \, .. . .,' .' '. . .~. .. . . . '. ..... . ," J" . " ... .':' . ,:. : :-..... . .' . . . ,- . .,: . : .' ". ~ '; :..' .... .,.. '. " . . . . ;...... ..:::;;<.:.... >:~,.':'" '.. . . , '. ..... '" . .. '. EXHIBIT. B ._- .. ""<::J A p.{rcel or tne.t.ot hod lying in S~ctfon H. TO'Wnshftl .(9 So~th. Range 25 East, Collier County, florida, being' described IS follows: Co~nc1n9 It the Hortheest' corn~r of slid Section 11~ run S 60021147- ~ &10ng tht (1St l1n. of slid Scctfo~ 11 I distance of 1318.86 feet; thence S 88041113- V 100.0~ feet to the POINT' OF 6€GINHIHG And the ~sterly ri9ht-Q(-w(y lfne of County Ro~d Uo.31i thence continue S aeo~7'lJ- W 2654.06 (eeti' thence S 01005'27" E 1316.71 feet; thence S 01005'18-* E IJ16.78 feet; thence Ii 88051'31- E 1341.42 feet; thence I{ 00016'58" W 329.45 feet. thence If 88050'5701 E lZ4S.82' feet to the Westerly right-at-way line of Count)' Road Ho.Jlt . thence Ii 00027'18" E 110ng said rf9~t-c{-way line 969.28 (eet; thence H 00027'40" E 110ng ~a1d right-of-way line 131B.80 feet to the .POHH OF 8EGIHNIHG: . . Solid parcel or tract containfn9.148.g9acrc~, IOOre or tts~. Subject to eas~ntsl restrictions and res~rvatlons of. record. Bearings based on a bearing of H 00021'47" E on the rist line of the NE~ of Section 11. Township ~9 South. R~nge 25 Elst, Collier County, Florida. . This description ~ets the Hfnfmlm Technical Sundards u , set forth by the Florida BOlrd of Land Surveyors, pursuant to Chapter 412.027, florlda Statute$, . '.. .r . .....' '.. ':" .,'..:" ... .' '..\::":~:::> '.:',: '.' .' . .' . .. ..' . . I' .... . ' . .,', . . . '.. , , . , :' .:..:;..;, " ,. '.' , . " , .' .. . . . ( '. ..c Agenda Item No. 88 . March 13. 2007 Page 37 of 65 We/I, Daniel J. Aronoff being first duly sworn, depose and say that we/I 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 owner Well fur,er thorize Richard Yovanovich of Goodlette. Coleman and Johnson to/act a our Imy representative in any matters regarding this / Petition. / / / I Signature of Property Signature of Property Owner Airport Road Limited Partnership By: Airport Road, inc. Its: General Partner By: Daniel J. Aronoff Its: President Typed or Printed Name of Owner Typed or Printed Name of Owner Agenda Item No. 88 , t-, March 13. 2007 ' The foregoing instrument was acknowledged before me this __LJJ:L day of Page 38 of 65 September, 2005, by Daniel J. Aronoff who is personally known to me or has - -~~-... produced ________________________as identification. H [C.~l~ State of r10rida County of tolller O/:>..Io!LAk)]) ~~_a~_fu~ (Signature of Notary Public - State of RoI IDa) H lC b-\-'( ~ -~.g:.l~nt:2L_~.:__~_~~~~ (Print, Type, or Stamp Commissioned Name of Notary Public) Kristine A. Mac Donald Notary Public Oakland County My Commission Explres on 10/13/2011 LEGAL DESCRIPTION Agenda Item No. 88 March 13, 2007 Page 39 of 65 A ~rcel or ~rlc~.of lAnd lying in S(ction 11, Towns~lp (9 SO!lth, Ringe. ZS' (ut, Collh:r County, nodda, being G!scrtbed IS foll~: . Collr.'ot::nclnq It the I{orlh~isl corne.r of n IdSect ton 11, run S OOO~1'(1' ~ .10n9 the (1St line of slid Scctlo~ 11 . distance of 1318.86 (e~t~ th~ncc. S eeo~7'13' y IOO.O~ feet to the. POI/fT Of tEGl1lll1HCi lnd the k<st.erly rlqht-of-w.y I tne of County Reid Mo.31, thence continue S eeQ~7'13. V 2654.06 (eet;' thence S 01005'Z1" ( 1:116.71 feet; thence S 0100S'lS" E 1316.78 (ee't; thence II MOSl' 31" ( 13n.<, fee to thence K 00018'58" ~ 329.45 (eet; thence II asoSO'S7" E 12(5.52' feet to the \JeHuly rlght-<d-wIY line o( County Ro.d Ko.:!1; . thel'cC t( 00027'1S" (along uld rlgl)t-o{-wl,y line 989.28 fe~t: thence N 00027'~O' ( .10ng Slid rI9ht-o(~(y lIne U1e.00 (eet to tile potH or 8E:GHCtlIl<G: Slid plrcel or tnct conulnlng-1<8.99 ,.cre', Mrc or lel$. Subject to e,sem<nts, restrictions lnd rc.serv~tlons o(rc.tord. 6elrfngs hued on I budng o( N 000,7'47" E on the (at lIne of the I(E~ of Section 11, TownshIp ~_9 South, Rlnge 25 [1St, Collier County, florida. ThIs descrIption ~ets the Xtni~uu Technic.l Stlnd~rds, as . set forth by the florida COlrd of L.nd SurveyorS, pursu&nt to Chapter 47Z.0Z7, florida StHvtes. . Pine Air Lakes PU DZ-A-2005-AR-8550 Exhibit B Agenda Item No. 88 March 13, 2007 Page 40 of 65 ORDINANCE NO, 07- AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS. COLLIER COUNTY, FLORIDA AMENDING OR- DINANCE NUMBER 2004-41, AS A1\ItENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COllIER COUNTY, FLOR- IDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICA- TION OF TIlE HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) TO COM- MERCIAL PLANNED UNIT DEVELOPMENT (CrUD) FOR A PROJECT KNOWN AS PiNE AIR LAKES crUD TO AU~OW AN INCREASE IN THE MAXIMUM DEVELOPMENT AREA. THE SUBJECT 148.99 ACRES IS WCATED ALONG THE WEST SIDE OF AIRPORT-PULLING ROAD (COUNTY ROAD 31), PARALLEL TO AND APPROXIMATELY 1.600 FEET NORTH OF PINE RIDGE ROAD (COUNTY ROAD 896); AND ALONG BOTH SIDES OF NAPLES BOULEVARD, IN SEC- TION 11. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94-25. THE PINE AIR LAKES POD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Airpolt Road Limited Paltllership, represented by Karen Bishop, of P.M.S, Inc., of Naples and Riebnrd Yovanovich, of Goodlette. Coleman and Johnson, P.A.. petitioned the Board of County Commissioners to change the zoning classification of the herein described real properly. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF COU~IER COUNTY, FLORIDA that: SECTION ONE: The zoning dassit'ication of the herein described real property located in Section 11, Township 49 South. Range 25 East, CoHier County, Florida. is changed from Planned Unit De- velopment (PUD) to Commercial Planned Unit Development (CPUD) known as the Pine Air Lakes CrUD in accordance with the CPUD Document, attached hereto as Exhibit "A" which is incorporated herein mid by reference mnde part hereof. The appropriate 7.oning atlas map or mnps as described in Ordinance Number 2004-41, as amended, lhe Collier County Land Devel- opment Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 94-25, known as the Pine Air Lakes PUD, adopted all May 10. 1994 by the Board of County Commissioners of Collier County. is hereby repealed in its entirety, Petition NllI110er PlJDZ-2005-AR-8550 Page 1 of2 Agenda Item No, 88 March 13, 2007 Page 41 of 65 SECTION THREE: This Ordinnnce shall become effective upon filing with the Dep81tment of State, PASSED AND DULY ADOPTED by Lhe Board of County Commissioners of Collier CounLy, Florida, this _ day of ,2007. A TrEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: , CHAIRMAN Deputy Clerk Approved as to fOlm and legal sufficiency ~1j _111. {kudLul. -~. MarJon . Student-Slu'llllg ,- - -. 'IS Assistant County Attorney Petitioll Number PUDZ-2005-AR-8550 Page 2of2 PINE AIR LAKES A PLANNED UNIT DEVELOPMENT BY AIRPORT ROAD LIMITED PARTNERSHIP AMENDED BY: Goodlette Coleman & Johnson 4001 Tamiami Trail N., Suite 300 Naples, FL 34103 ORIGNINAL ORDINANCE NUMBER DATE ISSUED DATE APPROVED BY CCPC DA TE APPROVED BY BCC ORDINANCE NUMBER 85-67 11/12/85 94-25 PUD document from county attorney 12-22-06.doc Agenda Item No. 88 March 13, 2007 Page 42 of 65 TABLE OF CONTENTS SUBJECT SECTION Property Ownership and Description Section I Statement of Compliance Section II Project Development Section III Office Section IV Regional Commercial Section V Lake/Open Space Section VI Development Statndards Section VII Utility Services Section VIII PUD Master Plan Section "A" Legal Description Exhibit "B" PUD document from county attorney 12-22-06.doc 1 Agenda Item No. 88 March 13, 2007 Page 43 of 65 Agenda Item No. 88 March 13, 2007 Page 44 of 65 PROPERTY OWNERSHIP AND DESCRIPTION SECTION I 1.01 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Pine Air Lakes. 1.02 INTRODUCTION It is the intent of Airport Road Limited Partnership, a Florida limited partnership (here and after to be called Applicant) to amend a Planned Unit Development on approximately 150 acres of property located in northwest Collier County, Florida. 1.03 NAME The development will be known as Pine Air Lakes. 1.04 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Airport Road Limited Partnership 800 Seagate Drive, Suite 302 Naples, FL 34103 1.05 UNIFIED CONTROL The property being submitted for rezoning is under the unified control of Airport Road Limited Partnership. 1.06 LEGAL DESCRIPTION The subject project being +/- 148.99 acres is located in northwest Collier County, Section 11, Township 49 south, Range 25 east. The complete legal description is set forth in Exhibit "B". 1.07 GENERAL LOCATION A. The subject property is west of and contiguous to Airport Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; approximately 1,300 feet west, the boundary jogs south then west again approximately I ,300 feet, parallel to Pine Ridge Road. B. Four (4) accesses to the development will be provided as conceptually depicted on Exhibit "A". Three (3) entrances will have access from Airport Road and one (1) access will be from Pine Ridge Road, taking advantage of the existing Naples Boulevard. Pine Ridge Road is scheduled to be the primary access into western Collier County from Interstate 75. Regional access to the Pine Air Lakes development will be via Interstate 75 and Pine Ridge Road Interchange and Airport Road Transportation Corridors. Developers and property owners are to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code as described in Policy 7.1 of the Future Land Use Element. 1.08 EXISTING ELEVATION The +/- 150 acres ofland which Pine Air Lakes is comprised of has an average elevation of plus 10.0 feet above sea level. 1.09 EXISTING SOIL TYPES The Pine Air Lakes site is composed of five (5) soil types as identified by the U.S.D.A. Soil Conservation Service in their report titled, "Soil Survey. PUD document from county attorney 12-22-06.doc 2 Agenda Item No. 88 March 13. 2007 Page 45 of 65 Detailed Reconnaissance, Collier County, Florida. Series 1942, No.8, issued March 1954. " The site is primarily composed of Keri Fine Sand approximately forty-five percent (45%) and Charlotte Fine Sand approximately eighteen percent (18%). The Arzell Fine Sand, Cypress Swamp, and Ochopee Fine Sand Marl (shallow phase) makes up the remaining thirty-seven percent (37%) of the Pine Air Lakes CPUD site. The Ochopee Fine Sand Marl (shallow phase) is characterized by a shallow depth to rock which is typified by its exposure in the roadway swale along Pine Ridge Road (south of the project site). 1.10 EXISTING VEGETATION The site area has been historically stripped of native vegetation and utilized for agricultural and horticultural purposes. The only remaining native vegetation exists in the cypress head areas, (this has been designated "S.T." by the County Environmentalist), approximately in the center of the southern property line. The cypress ("S.T. It) area will be left in its natural state under the proposed Pine Air Lakes CPUD Master Plan. The historical agricultural uses of the property supports a request for waiver of the Environmental Impact Statement (E.l.S.) commonly required by the Land Development Code. The request for a waiver has been filed with the County Environmentalist. NOTE: See Benedict's Letter. 1.11 OPEN SPACE. A minimum of thirty percent (30%) of total acres shall be provided. (44.7 acres) 1.81 acres are provided in S.T. acres and 32.64 acres are provided in Lakes/Open Space. The open space to be within the developed parcels along with the S.T. and Lake/Open Space parcels will either meet or exceed the required acreage. PUD document from county attorney 12-22-06.doc 3 Agenda Item No. 88 March 13, 2007 Page 46 of 65 STATEMENT OF COMPLIANCE SECTION II 2.01 PURPOSE The purpose of this section is to briefly outline the Pine Air Lakes Commercial Planned Unit Development compliance with the Collier County Comprehensive Plan. 2.02 STATEMENT OF COMPLIANCE The development of approximately 150 acres of property in, northwest Collier County, Florida, Section 11 (eleven), Township 49 south, Range 25 east, as a Planned Unit Development to be known as Pine Air Lakes will comply with the planning and development objectives of Collier County. A. This project is a Development of Regional Impact that predates the adoption of the 1989 Growth Management Plan for Collier County. As such, it was deemed to have vested zoning rights through the Zoning Re-evaluation Program described in former Policy 3.1K of the Future Land Use Element. B. Properties that have been found to have vested zoning rights are deemed consistent with the Future Land Use Element (reference Policy 5.9, FLUE). Policy 5.1 of the Future Land Use Element allows changes to such projects, provided the intensity of development is not increased. PUD document from county attorney 12-22-06.doc 4 Agenda Item No. 88 March 13, 2007 Page 47 of 65 PROJECT DEVELOPMENT SECTION III 3.01 PURPOSE The purpose of this section is to delineate and generally describe the proj ect plan of development and general conditions of the Pine Air Lakes Project. 3.02 GENERAL A. Regulations for development of Pine Air Lakes shall be in accordance with the contents of this document, CPUD- Commercial Planned Unit Development District and other applicable sections and parts of the "Collier County Land Development Code". B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code. 3.03 TRACT DEVELOPMENT The development of separate tracts shall comply with the Collier County Land Development Code, when applicable. 3.04 PROJECT PLAN AND LAND USE PARCELS A. The project plan including the location of roadways, general circulation, and the land use is illustrated graphically and conceptually on the CPUD Master Plan (Exhibit "A"). B. Areas illustrated as Lakes/Open Space on Exhibit "A" are illustrative only, and are subject to relocation and reconfiguration. These areas may be constructed as lakes or open space. A portion of the lakes may be constructed as shallow, intermittent dry depressions for water detention purposes. C. In addition to the various areas shown on Exhibit "A", such easements (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary or deemed desirable for the service, function or convenience of the project users. D. Adjacent parcels, whether owned by the same or different entities, shall be permitted to be developed under a Unified Development Plan as a single shopping center or single office complex with common and shared parking areas, access drives, utilities, entries, common areas and other facilities typically contained within a shopping center or office complex. Internal tract boundaries in such unified development plans shall not be required to have lot line setbacks or buffers. Additionally, buildings within the Unified Development Plan shall be permitted to abut one another as long as all appropriate building codes have been adhered to without any requirement for property line setbacks along common property lines with adjacent buildings. 3.05 BUFFERS A. All parcels within the Pine Air Lakes development adjacent to interior roads shall provide a minimum fifteen (15) foot wide landscape strip buffer. (Excluding parcels designated Lakes/Open Space.) PUD document from county attorney 12-22-06.doc 5 Agenda Item No. 88 March 13, 2007 Page 48 of 65 B. A minimum buffer fifteen (15) feet wide will be provided along all parcels (except Lake/Open Space parcels) which are adjacent to surrounding land presently zoned industrial/commercial. A minimum twenty (20) foot buffer will be provided along Airport Road. C. All other buffers shall meet the minimum standards of the Land Development Code in effect at the time of development of the parcel. D. No parking, outside display signs, or other structures shall be located within buffers. 3.06 SPECIAL TREATMENT (S. T.) REGULATION The S. T. zoning overlay is removed and the approximate 1.8 acres of wetlands shall be preserved as a separate tract or easement, with protective covenants. An average twenty-five (25) foot setback will be provided around the wetlands area. No parking, outside displays, signs or structures shall be located within the setback around the wetlands area. 3.07 CPUD SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 04.07.01 of the Collier County Land Development Code shall apply to the development of platted tracts or other parcels of land prior to issuance of a building permit or other development order. 3.08 DEVELOPMENT PLAN ADJUSTMENT Minor variations in acreage, roadway, lakes and tract boundaries, as shown on CPUD Master Plan shall be permitted at final design to accommodate topography, vegetation, and other site conditions. Minor variations shall be defined as in the Land Development Code in effect at the time such variation is requested. 3.09 MAXIMUM SQUARE FOOTAGE USES: The maximum square footage to be constructed within the CPUD shall be as follows. The permitted uses for each category of use shall be as set forth herein in Section 4 with respect to Office Uses and in Section 5 with respect to Regional Commercial/Retail Uses. Category Regional Commercial/Retail Office Total Square Feet 1,000,000 75.000 1,075,000 3.10 CONVERSION BETWEEN USE CATEGORIES. Notwithstanding the maximum square footage uses set forth in Paragraph 3.09 above, the Developer shall have the right to; Convert office space into retail space or retail space into office space, with the conversion rate between the different uses to be set forth as follows (the conversion rate has been determined by an equivalent trip generation analysis). Up to 50,000 square feet of office area can be converted into retail area at the rate of 100 square feet of additional retail area for every 420 square feet of office area converted. Additionally, up to 50,000 square feet of retail area can be converted into office area at the rate of 100 square feet of additional office area for every 24 square feet of retail area converted. The maximum square footage allowed is 1,075.000. PUD document from county attorney 12-22-06.doc 6 Agenda Item No. 88 March 13. 2007 Page 49 of 65 OFFICE SECTION IV 4.01 PURPOSE. The purpose of this section is to indicate the development plan land regulations for any part of the site to be developed for office uses. 4.02 PERMITTED USES AND STRUCTURES. No building or structure or part thereof shall be erected, altered, or used, or land or water used, in whole or in part for other than the following: 4.03 PERMITTED PRINCIPAL USES AND STRUCTURES 1) Business and professional offices; banks; financial institutions. 2) Churches and other places of worship; civic and cultural facilities; colleges, universities and schools. 3) Funeral homes. 4) Homes for the aged; hospitals; hospices and sanitoriums. 5) Medical laboratories; medical clinics; medical offices for humans; mortgage brokers; museums. 6) Parking garages and lots; private clubs. 7) Real estate offices; research design and development activities; rest homes; convalescent centers; and nursing homes. 8) Laboratories, provided that: a) No odor, noise, etc., detectable to normal senses from off the premises are generated; b) All work is done within enclosed structures; and c) No product is manufactured or sold, except incidental to development activities. 9) Transportation, communication and utility offices - not including storage of equipment. 10) Any professional or commercial use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals detelmines to be compatible in the district. 4.04 PERMITTED ACCESSORY USES AND STRUCTURES I) Accessory uses and structures customarily associated with uses permitted in this district. 2) Caretaker's residence. 3) Multi-story parking. 4) Water management structures and facilities. 4.05 REGULATIONS 405.01 General - All yards, setbacks, etc., shall be in relation to the individual parcel boundaries. 405.02 Minimum Parcel Area - Twenty thousand (20,000) square feet. PUD document from county attorney 12-22-06.doc 7 Agenda Item No. 88 March 13, 2007 Page 50 of 65 405.03 Minimum Parcel Width - One hundred (100) feet. 405.04 Minimum Yard Requirements - abutting the roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall be front yards. a) Front Yard - Twenty-five (25) feet. b) Side Yard - Fifteen (15) feet with unobstructed passage from front to rear yard. c) Rear Yard - Fifteen (15) feet. d) Minimum Yard Requirement From Any Residentially Zoned or Use Property: Twenty-five (25) feet. 405.05 Maximum Height - Five (5) stories or fifty (50) feet, whichever is greater over a maximum of two (2) levels of parking. Ten (10) stories or one hundred (100) feet, whichever is greater over two (2) levels of parking may be approved through Site Development Plan Approval and by the Planning Commission. 405.06 Minimum Floor Area of Structures - One thousand (1,000) square feet per building on the ground floor. 405.07 Minimum Distance Between Structures - Thirty (30) feet or one-half (1/2) the sum of the height, whichever is greater. 4.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested. 4.07 MINIMUM OFF-STREET PARKING AND OFF-STREET PARKING LOADING REQUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. 4.08 MINIMUM LANDSCAPING REQUIREMENTS As permitted or required by the Land Development Code in effect a the time a permit is requested. 4.09 MINIMUM LANDSCAPEIBUFFER AREA Defined in Section 3.05 of this Document. PUD document from county attorney 12-22-06.doc 8 Agenda Item No. 88 March 13. 2007 Page 51 of 65 REGIONAL COMMERCIAL SECTION V 5.01 PURPOSE The purpose of this section is to indicate the development plan land regulations for the areas designated on Regional Commercial. In order to ensure that regional retail is achieved, there will be a minimum of two individual retail uses with a minimum of 70,000 square feet of gross leasable area (GLA) each. These three uses, along with a majority of the commercial uses shall be restricted to uses herein which also would be within Division G, Standard Industrial Classification Manual, 1987 publication. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following. 5.03 PERMITTED USES The following uses are expressly permitted when done in accordance with the general intent of this ordinance: a) Antique shops 5932; appliance stores 5722; art galleries 5999, 8412; art studios 8999; art supply shops 5199; assembly in enclosed building 3549; auction house 5999; automobile parts stores 5531; automobile service stations with repairs in enclosed building 5541; automobile sales, and associated service departments, 5541, 5511; alcoholic beverage sales, including sales for consumption on or off the premises 5813,5921. b) Banks and financial institutions Major Groups 60, 61, 62, 67; barber and beauty shops 7231, 7241; bath supply stores 5719; bicycle sales and services 7699 (excluding Cesspool cleaning), 5941, 5091, 5571; blueprint shops 7334; boat sales - with inside storage 5551, 5091; bookbinders 2789, 2732; book stores 5192, 5961; business (i.e. Xerox) machine services 7359, 7629; bakery shops, including baking only when incidental to retail sales from the premises 5461; business offices 8741,8742,8748. c) Carpet and floor covering sales which may include limited storage (not to exceed 50% of retail sales area) 5713, 5023; enclosed car washes 7542; clothing stores 5137, 5651, 5611, 5932, 5136, 5621; cocktail lounges 5813; commercial recreation uses - indoor 7999 (excluding animal shows, bath houses, circus companies, shooting ranges/galleries, skeet shooting); commercial schools 8222, 8211, 8221; communications services and equipment repair 5065; confectionery and candy stores 5441, 5145; churches and other places of worship 8661; civil and cultural facilities 8641, 8299, 8611, 8621; colleges, universities and schools 8211, 8221, 8222, 8299, 8243, 8244, 8249; child care centers 8351; convalescent centers 8059, 8051; children's homes 8361. d) Department stores 5311; dry goods stores 5131, 5999: drapery shops 5023, 5714; delicatessens 5461; drug stores 5912, 5122; dry cleaning - collecting and delivering only 7212. (Minimal on-site pressing and spotting permitted). PUD document from county attorney 12-22-06.doc 9 Agenda Item No. 88 March 13, 2007 Page 52 of 65 e) Electrical supply stores 5063; equipment rentals - including lawn mowers, power saws, etc. without outside storage and display 7359; employment agencies 7361, 7819, 7922 (excluding burlesques companies), 7363. f) Fish markets (retailt5421, 5146; florist shops 5992,5193; fraternal and social clubs 8641; funeral homes 7261 (excluding crematories); furniture refinishing 7641; furniture stores 5712, 5021; furrier shops 5632. g) Garden supply stores, which can include outside displays, gift shops 5261; glass and mirror sales 5231, 5719; gourmet shops 5499,5411; gunsmiths 7699 (excluding cesspool cleaning). h) Hardware stores 5251; hat cleaning and blocking 7251; health food stores 5499; health clubs/fitness centers 7991; hobby supply stores 5092, 5945; hospitals and hospices 8069, 8062. i) Ice cream shops 5451, 5143; ice sales (not including ice plants) 5143, 5999. j) Jewelry stores 5094, 5944, 5632. k) Kitchenware shops 5719. 1) Laundries 7211; lawn maintenance shops no outside maintenance 7699; leather goods 5199, 5948; legitimate theaters 7922 (excluding burlesque companies); light manufacturing or processing (including food processing, but not slaughter house) Major Group 23 (excluding 2371) & 39. Packaging or fabricating in completely enclosed building 2671.Linen supply shops 7213; liquor stores 5921,5182; and locksmiths 7699; lithographing 2752; laboratories; provided no odor, noise, vibrations or other nuisance detectable to normal senses from off the premises are generated 7819,8734,8071,8072. m) Marinas 4493; markets - food of every type 5411; medical office and clinics 8041,8021,8042,8031,8011,8043,8093; millinery shops 5632, 5131; miscellaneous uses such as mail express office, telephone exchange 7331, 5999; motion picture theaters 7832; motorcycle sales and service 5571, 7699 (excluding cesspool cleaning), 5012; museums 8412; music stores 5735, 5736; mortgage brokers 6162, 6163; motels 7011; meat, fish and poultry markets 5421, 5499. n) Newspaper stores 5994. 0) Office Supply stores 5112,5943. p) Paint and wallpaper stores 5231; parking garages (enclosed) 7521; pest control service 7342; pet shops 5999; pet supply shops 5999, 5149,5199; photographic equipment stores 5043, 5946; plumbing shop 5074; plumbing supplies 5074; pottery stores 5719; poultry markets 5499; printing 2732, 2752,2759; publishing or similar establishments 2741, 2731, 2711, 2721; private clubs 7997; professional offices 8741,8742,8748; post offices 4311,7389. q) Quilt shops 5949. r) Radio and television stations and transmitters 4832, 4833; radio and television sales and services 5731, 7622; interior non- destructive and design labs 8711, 8712; rest homes 8059, 8361; PUD document from county attorney 12-22-06.doc 10 l\genda Item No. 8B March 13, 2007 Page 53 of 65 restaurants including fast food restaurants with drive through window service 5812; real estate offices 6531; research, design and development planning facilities 8748. s) Service establishments catering to commerce and industry 7389; sign company 3993, 5046, 5099; sign painting shops 3993; shoe repair 7251; shoe stores 5661; shopping centers (including regional facilities) Major Group 53, 56, 57, 58, 59; souvenier stores 5947; stationery stores 5943; supermarkets 5411; swimming pool maintenance shops 7389; sanitoriums 8063; schools 8211, 8249. t) Tailor shops 7219, 5699; taxidermists 7699; tile sales - ceramic tile 5211, 5032; tobacco shops 5159, 5194, 5993; toy shops 5945, 5092; tropical fish stores 5999; transportation terminals without outside storage of vehicles or equipment 4231; taverns 5813. u) Upholstery shops 5714. v) Variety stores 5331; vehicle rentals 7514, 4119; veterinarian offices and clinics - no outside kennels 0742; vocational, technical, trade or industrial schools 8211, 8249. w) Water bed sales 5712, 5021. x) X-ray clinics 8071. y) Yacht sales 7389, 5551. z) Any other commercial, which is compatible in nature with the foregoing uses and which the Board of Zoning Apea1s determines to be consistent with the purpose of the district. aa) All uses allowed in Section IV. * All references to numbers in this Section are understood to be to Standard Industrial Classification Groups. 5.04 PERMITTED ACCESSORY USES AND STRUCTURES. Accessory uses and structures customarily associated with uses permitted in this district: 1) Caretaker residence. 2) Water management structures and facilities. 3) Customary accessory uses and structures. 5.05 REGULATIONS 505.0 I General - All yards, setbacks, etc., shall be in relation to the individual parcel boundaries. There shall be no outside overnight storage or display on any parcels in this section. 505.02 Minimum Parcel Area - As determined at the time of Preliminary Site Development Plan review. 505.03 Minimum Parcel Width - As determined at the time of Preliminary Site Development Plan review. 505.04 Minimum Yard Requirements - The parcel sides abutting the roadway within the Pine Air Lakes' Development and Airport Road to the west of the development shall be front yards. Those parcels shall conform to the minimum yard PUD document from county attorney 12-22-06.doc 11 Agenda Item No. 8B March 13, 2007 Page 54 of 65 requirement of Section 4.05.4 of the Document. All other parcels in this Section shall conform to the following: a) Front Yard - Twenty-five (25) feet. b) Side Yard and Rear Yard - None or a minimum of five (5) feet with unobstructed passage from front to rear yard. c) Other parcel boundaries fifteen (15) feet. 505.05 Maximum Height - Three (3) stories or thirty-five (35) feet, whichever is greater. 505.06 Minimum Floor Area of Principal Structures - One thousand (1,000) square feet per building on the ground floor. 505.07 Minimum Distance Between Structures, - Same as side yard setback. 5.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested. 5.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. 5.08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. 5.09 MINIMUM LANDSCAPE BUFFER AREA Defined in Section 3.05 of this Document. PUD document from county attorney 12-22-06.doc 12 Agenda Item No. 88 March 13, 2007 Page 55 of 65 LAKE/OPEN SPACE SECTION VI 6.01 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas to be utilized for Lakes/Open Space. 6.02 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: 6.03 PERMITTED PRINCIPAL USES AND STRUCTURES 1) Sidewalks constructed for purposes of access to or passage through common areas. 2) Lakes and other storm water management facilities or uses to serve for the water management and drainage of project. 3) Picnic areas, parks and passive recreation areas. 4) Small buildings, enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 5) Small docks, piers or other such facilities constructed for purposes of lake recreation for project occupants or members. 6) Decks and platforms associated with restaurant and entertainment facilities on adjacent parcels shall be allowed to project into Lake/Open Space parcels. 7) A lake/open space parcel may be considered a buffer for developed parcels if it is adjacent to the parcel. 8) Any other open space activity which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the district. 6.04 PERMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures customarily associated with the uses permitted in this district. 1) Customary accessory uses of recreational facilities. 2) Any other recreational use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the district. PUD document from county attorney 12-22-06.doc 13 Agenda Item No. 88 March 13, 2007 Page 56 of 65 6.05 REGULATIONS 605.01 General- All yards, setbacks, etc., shall be in relation to the individual parcel. 605.02 Minimum Lot Area: None 605.03 Minimum Lot Width: None 605.04 Minimum Yard Requirements: Abutting the arterial roadway within the Pine Air Lakes Development and Airport Road to the west of the development shall be front yards. a) Front Yard: Fifty (50) Feet b) Side Yard: Thirty (30) Feet c) Rear Yard: Fifty (50) Feet 605.05 Maximum Height of Structures: Thirty-five (35) feet unless otherwise approved during Development Review. 6.06 SIGNAGE As permitted or required by the Land Development Code in effect at the time a permit is requested. 6.07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. 6.08 MINIMUM LANDSCAPING REOUIREMENTS As permitted or required by the Land Development Code in effect at the time a permit is requested. 6.09 MINIMUM LANDSCAPE/BUFFER AREA Defined in Section 3.05 of this Document. PUD document from county attorney 12-22-06.doc 14 Agenda Item No. 88 March 13, 2007 Page 57 of 65 DEVELOPMENT STANDARDS SECTION VII 7.01 PURPOSE The purpose of this Section is to set forth the standards for the development of the project. 7.02 GENERAL All facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Land Development Code shall apply to this project. 7.03 PUD MASTER DEVELOPMENT PLAN A. Exhibit "A" illustrates the proposed development. B. The design criteria and system design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. Minor site alterations may be permitted subject to planning staff and administrative approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. 7.04 CLEARING, GRADING. EARTHWORK. AND SITE DRAINAGE All clearing, grading, earthwork, and site drainage work shall be performed in accordance with all applicable State and local codes. 7.05 STREETS All streets shall be dedicated to the public. The petitioner wishes to reserve the right to maintain and landscape the unpaved portions of the right-of-way for roads within the project subject to the approval of the Development Services Director. All public street design and construction shall meet the Collier County standards that are in effect at the time of approval. 7.06 SIGNS As permitted or required by the Land Development Code in effect at the time a permit is requested. 7.07 HOUSING To satisfy the project's affordable housing impacts cumulatively the applicant's mitigation for commercial and office uses shall be $206,424.00. These funds shall be paid to Collier County Affordable Housing Trust Fund at issuance of building permit. If more than one building permit is involved, then the payments shall be prorated on a .50 cent per square foot basis and a portion collected at the time each building permit is issued. PUD document from county attorney 12-22-06.doc 15 Agenda Item No. 88 March 13, 2007 Page 58 of 65 7.08 LANDSCAPING A) For off-street parking areas - All landscaping for off-street parking areas shall be in accordance with the appropriate portion of the Land Development Code. B). For Naples Boulevard Land Improvements - The Pine Air Lakes CDD shall complete the installation of the Naples Boulevard. right-of-way landscaping as approved by Collier County Transportation Mode Department but will be limited to $400,000.00 in cost. The Pine Air Lakes CDD shall maintain the right-of-way landscaping in perpertuity. The installation shall take place within one year of this PUD amendment and the companion DRI Development Order amendment approval. 7.09 ARCHITECTURAL DESIGN REVIEW The petitioner intends to create an association to review individual parcel layout and architecture prior to the improvement of any parcel. 7.10 COMMON AREA MANAGEMENT The petitioner intends to convey the common areas, including the water retention and surface water management structures, to Pine Air Foundation, Inc., a Florida not-for-profit corporation, which will be responsible for implementation of the surface water management plan and have authority to assess the other lands within the district for the costs of such maintenance. The petitioner would also grant an easement to Collier County with respect to the surface water management system so that the County could operate and maintain the system in the event the Foundation fails to do so. 7 .11 ENVIRONMENTAL The Environmental Advisory Council stipulations: A. A site clearing plan shall be submitted to the Natural Resources Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Department and the Community Development Division. D. If during the course of site clearing, excavation, or other constructional activities, all archaeological or historical site, artifact, or other indicator is discovered, all development PUD document from county attorney 12-22-06.doc 16 Agenda Item No. 88 March 13, 2007 Page 59 of 65 at that location shall be immediately stopped and the Natural Resources Department notified. Development will be suspended for sufficient length of time to enable the Natural Resources Department or a designated consultant to assess the find and determine the proper course. of action in regard to its salvageability. The Natural Resources Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E. The cypress wetland and buffer zone is to be checked and approved by the Natural Resources Personnel prior to any construction in the vicinity of the wetlands. F. As many existing native trees and shrubs as possible shall be incorporated into the development. G. The developers must demonstrate to the Natural Resources Department that this development will be in compliance with the water quality regulations as outlined by DEP and SFWMD when they return with their site development plans and, more specifically, if DEP or SFWMD requires water quality monitoring of their storm water run-off, then Natural Resources Department requests that they receive copies of all the data. 7.12 FIRE The North Naples Fire Control District has stated their ability to serve the Pine Air Lakes Project, with the following stipulations: A. Water mains and the locations of the fire hydrants must be approved by them prior to issuance of any building permits. B. Pine Air Lakes shall commit to pay its fair share for improvements needed as a result of the development if and when an impact fee policy is adopted by the North Naples Fire District to cover the entire District. 7.13 EXEMPTIONS TO THE SUBDIVISION REGULATIONS Pine Air Lakes development shall be exempt from the following Land Development Code requirements: A. Section 06.06.01.Q.l, LDC: Street name signs shall be approved by the Development Services Director, but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic Control Devices. B. Section 05.06.00, LDC: Entry signage may be located within the right-of-way of the dedicated roadway. Such signage and planting shall be approved by the Development Services Director. C. The requirement to place permanent reference monument and permanent control points in a typical water valve where such monuments occur within street pavement areas shall be waived. 7.14 TRANSPORTATION A. Except for the three permitted connections to Airport Road, all access to individual parcels shall be internal from Naples Boulevard or from loop roads connecting adjacent properties in an effort to help reduce vehicle congestion on nearby collector and arterial PUD document from county attorney 12-22-06.doc 17 Agenda Item No. 88 March 13, 2007 Page 60 of 65 roads and minimize the need for traffic signals as described in Policy 7.2 of the Future Land Use Element. B. The Developer shall provide crosswalks across the main thoroughfare (i.e. Naples Boulevard) to provide adequate pedestrian safety and movement for all applicable development order submittals. All crosswalk requirements must be completed prior to the buildout of the CPUD. C. Naples Boulevard is constructed and dedicated to Collier County and the water system is looped in accordance with the Utilities Division's regulations and requirements. D. All Collier County traffic impact fees for Pine Air Lakes shall be as provided by the current impact fee ordinance. E. In conjunction with the six-laning of Airport Road, the following improvements shall be made at the intersection of Naples Boulevard with Airport Road: 1. The Developer has constructed or contributed its fair share payment to the construction of one additional northbound left turn lane from Naples Boulevard to Airport Pulling Road for a total of two left turn lanes. 2. The Developer has constructed or contributed its fair share payment to the construction of the traffic signal at the intersection of Airport Road and Naples Boulevard. 3. In addition to the forgoing, at the County's request, the Developer shall construct a third northbound left turn lane from Naples Boulevard to Airport Pulling Road within one year of the CPUD amendment and Development Order amendment approval. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the Land Development Code as it may be amended. Collier County reserves the right, pursuant to Collier County ordinances to modify or close any median opening existing at the time of approval of this CPUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. A five (5) foot sidewalk easement and completed sidewalk have been provided by the Developer within the twenty (20) foot buffer along the Airport Road frontage. An additional one (1) foot sidewalk easement shall be provided by the Developer within the twenty (20) foot buffer along the Airport Road frontage, north of Naples Boulevard, at Collier County's request and within one year of the CPUD amendment and Development Order amendment approval. H. All work within Collier County rights-of-way or public easements shall reqUire a right-of-way permit. PUD document from county attorney 12-22-06.doc 18 Agenda Item No. 8B March 13. 2007 Page 61 of 65 I. Any reduction in parking spaces as a result of interconnection with projects to the west shall be consistent with the Land Development Code in effect at the time of development order submittal. 1. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current Edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current Edition. All other improvements shall be consistent with and as required by the Collier County Land Development Code. K. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first certificate of occupancy (CO) or when requested by Collier County. L. Nothing depicted on any the CPUD Master Plan except for those access points in existence as of the date hereof shall vest any right of access at any specific point along any property frontage or property line. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long-range Transportation Plan. The number of access points may be less than the number depicted on the Master Plan; however, no additional external access points shall be considered unless a PUD amendment or PUD insubstantial change is approved. M. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. N. If any turn lane improvement requires the use of any existing County right-of-way or easement and there is insufficient right-of-way available, the Developer shall accommodate those turn lanes within the development. O. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement within the boundary of this CPUD is determined to be warranted, the cost of such improvement shall be borne by the Developer and shall be paid to Collier County. P. At the request of Collier County, a Collier Area Transit (CAT) bus stop with shelter shall be installed by the Developer or at the discretion of Collier County a designated park and ride location shall be required in lieu of the shelter. The exact location will be determined during site development plan review process and shall be constructed within one year of the CPUD amendment and Development Order amendment approval. Q. The Developer shall contribute an amount not to exceed $50,000.00. to Collier County's SCOOT program along Pine Ridge Road to include two additional intersections. Contribution to Coliier County shall be made within one year of the PUD amendment and Development Order amendment approval. PUD document from county attorney 12-22-06.doc 19 Agenda Item No. 88 March 13, 2007 Page 62 of 65 R. In lieu of the annual traffic counts for the PUD monitoring requirements, the Developer shall make a payment to Collier County to install four permanent count stations not to exceed a total of $40,000.00 purusant to the Land Development Code. Payment to Collier County shall be made within one year of the PUD amendment and Development Order amendment approval. S. The Developer shall coordinate the design and coordinate the construction of the interconnection to the north into the industrial park with the owner of Naples Dodge, as shown on Exhibit "C". Upon the request of Collier County, the Developer shall provide the appropriate easements for the interconnection. 7.15 WATER MANAGEMENT A. Conceptual and/or detailed site drainage plans shall be submitted to the Environmental Advisory Board for review. B. The Developer has provided to Collier County a thirty-five (35) foot wide and a twenty-five (25) foot wide perpetual, non-exclusive easement for drainage purposes along the western boundary of the Pine Air Lakes project a thirty (30) foot wide temporary non-exclusive construction easement which parallels a twenty-five (25) foot wide temporary non-exclusive drainage easement, both of which temporary easements connect with the temporary drainage easement for the lake abutting the property's northeastern boundary along Airport-Pulling Road, around which lake the thirty (30) foot temporary construction easement continues; all as more fully described in the drainage conveyance documents dated April 1994, and the drawings attached thereto and prepared by Wilson, Miller, Barton & Peek, Inc., dated February 1994 for File No. 2G-403. Said temporary easements are for the purpose of accepting and transmitting 29 acres of Pine Ridge Industrial Park (Northeast Quadrant) drainage through the water management system, and shall be abandoned at time of site development plan approval of the area north of Naples Boulevard. At time of site development plan approval, a twenty-five (25) foot wide perpetual, non-exclusive easement for drainage purposes shall be dedicated to Collier County and recorded in the public records. C. An excavation permit will be required for the proposed lakes in accordance with appropriate County ordinances. PUD document from county attorney 12-22-06.doc 20 Agenda Item No. 88 March 13,2007 Page 63 of 65 UTILITY SERVICE SECTION VIII 8.01 PURPOSE The purpose of this section is to provide a list of utility services and how they will be provided. A. See the Utilities Division stipulations per their memos dated July 23, 1985; and September 21, 1985. 8.02 WATER SUPPLY The Collier County Water and Sewer District shall provide water to the Pine Air Lakes Development from the existing 16" water main located within the Airport Road right-of-way. 8.03 SOLID WASTE COLLECTION Solid waste collection for the Pine Air Lakes Project will be handled by the company holding the franchise for that area of the County. 8.04 ELECTRIC POWER SERVICE Florida Power and Light Company will provide electricity to the entire Pine Air Lakes Project. 8.05 TELEPHONE SERVICE Telephone service will be supplied by appropriate provider to the Pine Air Lakes Project. 8.06 TELEVISION CABLE SERVICE The Pine Air Lakes Project will be provided cable service by the cable company ho Iding the franchise for that area of the County. 8.07 EASEMENTS FOR UNDERGROUND UTILITIES All on-site utilities such as telephone, electric power, cable television service, waste water collection, water distribution, etc. shall be installed underground. Only items such as electrical feeder lines, lift stations, etc. which require above ground installation shall be permitted above ground. 8.08 WATER DISTRIBUTION AND SEWERAGE MAIN DEDICATION The water distribution and sewerage mains shall be located in the road right-of-way and will be dedicated to the public. The water distribution and sewerage mains will be deeded to Collier County Water and Sewer District upon completion in accordance to applicable county ordinances in effect at the time of the Pine Air Lakes PUD Submission. The applicant or future owners, will pay appropriate development hook-up fees at the time of application for building permits. Should any water/sewer system elements be located outside the road right-of-way, the appropriate easements will be dedicated. 8.09 PROJECT EASEMENTS AND SERVICES All easements and services mentioned in this and previous sections of this Document shall be non-exclusive PUD document from county attorney 12-22-06.doc 21 Agenda Item No. 88 March 13, 2007 Page 64 of 65 DEVELOPMENT OF REGIONAL IMPACT SECTION IX The Developer, its successors in interest, and all future assigns or designees shall adhere to all commitments made in the Development of Regional Impact (DRI) Application for Development Approvals (ADA), sufficiency responses, and attachments for this amendment and all previously adopted DRI Development Order (DO) actions for this project. PUD document from county attorney 12-22-06.doc 22 /lr,o E ~ NAPLES DODGE r-------------------- I- " . . . I I - EXISTING"' ." . l . . : . LAJ~Hl " .' -' / k'0%/;;;~""~ . ~ f,f/./ %;:/"';j , ':%'f.f$f... ^'("......:-.- W ,:::' i" . " f .-:'" uu): -<X>. llo: ~ 3! III: Iii ~ Q ;1 ii! ... :z ii: .~~ ~ ::: POSSIBLE FUTURE <0 CONNECTION 8 ... ,..: N <: ::J .., E .!, BOB TAYLOR CHEVROLET &' ::IE <r o > -3' o ;1 "C S Ef 00 ~ X It'l e '" . '0 ~ ~ UJ U z 8 ffi ~ ~ o 5 :;) j .; D ~ ;::: ~ o ,. 'ijj T E' ~ o ~ ~ ~ PRESERVE AREA ~ Land Use Summary ~ Mixed-Use Office/Retail ROW Lake/Open Space Preserve Area I Including Hu/Te",) Total 103.00 Acres 1 0.69 Acres 33.49 Acres 1.81 Acres 148.99 Acres o 200 I 400 I SCALE IN FEET HOWE DEPOT ----- JOHNS I N . 2158 JOHNSON SlREET P.O. BOX 1550 FORT MYERS. FLORIDA 33902-1550 PHONE (~9) 334-0046 FAX (~9) 334-3661 E.B. 1642 & LB. #642 Master Concept Plan DATE Sept. 2005 EXECUTIVE SUMMARY Agenda Item No. 9A March 13, 2007 Page 1 of 36 - APPOINTMENT OF MEMBER(S) TO THE HALDEMAN CREEK MAINTENANCE DREDGING ADVISORY COMMITTEE OBJECTIVE: To appoint 5 members to serve alternating terms; 2 members for 2 years; 2 members for 3 years; and 1 member for 4 years to the Haldeman Creek Maintenance Dredging Advisory Committee. After initial appointments, all terms will be for 4 years. CONSIDERATIONS: The Haldeman Creek Maintenance Dredging Advisory Committee has 5 openings for members to serve alternating terms. This 5 member committee was created on December 12,2006, by Ordinance 2006-60 to aid and assist the Board of County Commissioners in carrying out the MSTU, to prepare and recommend an itemized budget and to recommend work programs and priorities to the County Manager or his designee. Section Six, B. states, "Said members shall be permanent residents within the MSTU and electors of Collier County. The Board of County Commissioners shall consider appointment of members from different parcels, subdivisions and/or the communities within the MSTU." A press release was issued and resumes were received from the following 12 interested citizens: APPLICAN'T CATEGORY ill[[ ELECTOR ADV. COMM. - David Woodworth Gulfshores Community 4 Yes None Paul N. Miano Does not reside W II MSTU ] Yes None Victoria A. Tracy Gulfshores Community 4 Yes None Alan Eugene Hubbard Naples Sandpiper Bay Condo 4 Yes None Elmer Wheeler Gulfshores Community 4 Yes None Karen L. Beatty Saba] Shores Community 4 Yes Bayshore/Gateway Tom Briscoe Gulfshores Community 4 Yes None Roy A. Wilson Naples Land Yacht Harbor Pier C 4 Yes None Larry Joe Patton Naples Land Yacht Harbor Pier A 4 Yes None Doug Smith Gulfshores Community 4 NO None Charles R. Moore Naples Land Yacht Harbor Pier A 4 Yes None Stephen C. Main Does not reside W/I MSTU 3 Yes Bayshore/Gateway COMMITTEE RECOMMENDATION: New Committee - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners consider the requests for appointment, appoint 5 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners - Agenda Date: MARCH 13, 2007 Agenda Item No. 9A March 13, 2007 Page 2 of 36 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 9A AppOintment of members to the Haldeman Creek Maintenance Dredging Advisory Committee Meeting Date: 3/13/2007 90000 AM Prepared By Sue Filson E.xecutive Manager to the Bee Date Board of County Commissioners Bce Office 2/26/2007 1 :41 :32 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's OffIce 2123/20072:20 PM Agenda Item No. 9A March 13. 2007 Page 3 of 36 TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: February 16,2007 SUBJECT: Halderman Creek Dredging Maintenance Advisory Committee Staff has received twelve applications by the prescribed deadline for its five opemngs to serve alternating terms for the Halderman Creek Dredging Maintenance Advisory Committee. The nine applicants listed below meet the criteria required to be eligible, such as being permanent residents within the Halderman Creek MSTU Boundary and electors of Collier County. Applicants will be considered from different parcels, subdivisions and/or the communities within the MSTU boundary. Attached is an aerial map identifying where the applicants reside within the Halderman Creek MSTU Boundary . David Woodworth Gu1fshores Elmer Wheeler 2735 Lakeview Drive Community 2667 Lakeview Drive Naples, Florida Block 5 - Lot 8 Naples, Florida 34112 Victoria A. Tracy Gu1fshores Karen L. Beatty 3266 Lakeview Drive Community 3113 Basin Street Naples, Florida 341 12 Block 4 - Lot 8 Naples, FL 34112 Alan Eugene Hubbard Naples Sandpiper Tom Briscoe 3051 Sandpiper Bay Circle, Bay Club Condo 2841 Shoreview Drive Suite 1-106 Community - Naples, FL 34112 Naples, FL 34112 Condo # 1-106 Larry Joe Patton Naples Land Yacht Charles R. Moore 322 Pier A Harbor 334 Pier A Naples, FL 34112 Pier A Naples, FL 34112 Roy A. Wilson Naples Land Yacht 336 Pier C Harbor Naples, FL 34112 Pier C Gulfshores Community Block 5 Lot II Saba! Shores Community Block F Lot 39 Gulfshorcs Community Block 2 Lot 3 Naples Land Yacht Harbor Pier A Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9A March 13, 2007 Page 4 of 36 Memo: BeC Applicants - Halderman Creek MSTU Page 2 The three applicants listed below do Dot meet the criteria required to be eligible for the Halderman Creek Dredging Maintenance Advisory Committee. Stephen C. Main 15 Newbury Place Naples, F134l04 Royal Wood Country Club & CC Unit 1 Paul N. Miano 2741 Riverview Drive Naples, Florida 34112 Gulf shores Community Block 7 Lot 6 Douglas Smith 2701 Lakeview Drive Naples, F134112 Gulfshores Community Block 5 Lot 10 Please let me know, if you need any more information --. Transportation Services Division All. Transportation Modes Department <( r..... (S) mON O~ ci N 0 zcviLD E"- Q) Q)r-Ol ~~ "E= ~I Q) Ol <( ~ ~ ~t-- == ~= Z~ ~. ~;J ~I- Qr.I:J ...I~ ~ = ~, ;,1'. ~~. ..,;'l .. ' ....i1 ~. "~" , ,- f ~ -ii, :! -, i :::. ;/ IS~ ~ ~. 1; .-- , .,.,.,... ~...... ....-1 ~;1i~t,~~~~~.~~~.~1i:~~,,\ . .. _ a- ~ ~ ~:,~~'..>.. . ~1J Agenda Item No. 9A March 13, 2007 Page 6 of 36 MEMORANDUM DATE: January 5, 2007 Elections Office ~ Sue Filson, Executive Manager.., .>6 -'\, 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. HALDEMAN CREEK MAINT DREDGING COMMISSION DISTRICT David W oodwortb 2735 Lakeview Drive Naples, FL 34112 ~ ) ~ Paul N. Miano 4647 Ashton Court Naples, FL 34112 Victoria A. Tracy 3266 Lakeview Drive Naples, FL 34112 Alan Eugene Hubbard 3051 Sandpiper Bay Circle, Suite 1-106 Naples, FL 34112 ~ 1 L) Elmer Wheeler 2667 Lakeview Drive Naples, FL 34112 Karen L. Beatty 3113 Basin Street Naples, FL 34112 Tom Briscoe 2841 Shoreview Drive Naples, FL 34112 Roy A. Wilson 336 Pier C Naples, FL 34112 Larry Joe Patton 322 Pier A Naples, FL 34112 Doug Smith 2701 Lakeview Drive Naples, FL 34112 Charles R. Moore 334 Pier A Naples, FL 34112 Stephen C. Main 15 Newbury Place Naples, FL 34104 Thank you for your help. Agenda Item No. 9A March 13, 2007 Page 7 of 36 ~ ~ ~ jl/~ i 3 ../ 5"-'~ ? Ii (I l!/~c //e;A5 .2' r Ii I je' V' Agenda Item No. 9A March 13, 2007 Page 8 of 36 MEMORANDUM DATE: January 5, 2007 TO: Darryl Richard, Transportation Pro1ranager Sue Filson, Executive Manager ' Board of County Commissioners FROM: RE: Haldeman Creek Maintenance Dredging Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: David Woodworth 2735 Lakeview Drive Naples, FL 34112 Paul N. Miano 4647 Ashton Court Naples, FL 34112 Victoria A. Tracy 3266 Lakeview Drive Naples, FL 34112 Alan Eugene Hubbard 3051 Sandpiper Bay Circle, Suite 1-106 Naples, FL 34112 Elmer Wheeler 2667 Lakeview Drive Naples, FL 34112 Karen L. Beatty 3113 Basin Street Naples, FL 34112 Tom Briscoe 2841 Shoreview Drive Naples, FL 34112 Agenda Item No. 9A March 13, 2007 Page 9 of 36 Roy A. Wilson 336 Pier C Naples, FL 34112 Larry Joe Patton 322 Pier A Naples, FL 34112 Doug Smith 2701 Lakeview Drive Naples, FL 34112 Charles R. Moore 334 Pier A Naples, FL 34112 Stephen C. Main 15 Newbury Place Naples, FL 34104 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 e - -. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9A March 13, 2007 Page 10 of 36 f(tl~' ~.f. . .... '~ ' - .~/ - , . . , -: . - -.f '. ~ .: Application for Advisory CommitteeslBoards Name: David Woodworth Home Address: 2735 Lakeview Drive Fax No. 775-562-5700 Business Phone: 239-793-8642 239-774-5060 Home P"one: Zip Code: 34112 e-mail address:dwoodworth@naplessunrealty.com Business: Agent (Sun Realty, LLC) and Business Owner (Voice Box Services, Inc.) Haldeman Creek Maintenance Dredging Advisory Committee Board or Committee Applied for: C t (Of I' hi) resident and property owner (east and west of Bayshore Drive) a egory I app lea e: Enmple: Commission District, DevekJper, emironmeallllist, lay penon, ek. Are you a registered voter in CoUier COUDty: Yes X No Do you currently bold public office? Yes No X If so, wbat is tbat office? Do you now serve, or IuIve you ever served, OD a Collier County board or committee? Yes Hyes, please list the committealboarda: No X Please list your community activities (civic dubs, neighborhood usoc:i8tions, etc. ..d positioas "eld: 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 vears. PkaIe tIIIach 1110' IIIIiiltltHuIl bifortlflltUm ytIIIf- ~ 71tir ~ MtJWII be ft1l'Wtlnl<<l. &Ie FII.f-, ~ M""., tD tM Botud of C<<uI(v ~ J3fJl EII.ft T"",.". T1fIIl, NiIJMs, FL 34112. qytlll.... p/afefIDCJIOII' I/fII1IkrfIJmr tD (2J9)774...3602 or ~tD .mefilslll.a,l'~"'trJ!.L Tlumkytlll/orl1OllllfleerbtgtlJ ._tIIt citIzms of Collier 0.11(I>. /""--'., ""'....- ~...... Agenda Item No. 9A March 13, 2007 , ,--Paqe 11 of 36 =": :' , i , -,' --- -- '- <... -,.- ... Board of County Commissioners 3301 East Tamlami Trail Naples, FL 341 J2 (239) 714-8097 Fill(: (239) 77 4-~6U2 . ..._"'.0, <<:>,~~ft~;I:~" ...'"1. ....., ':'.- #' ,~'... Application for Advisory Committees/Boards Name: fAvL H .I11~.()O Homel"llone: d13r -Y/7-7>1'>7 01'''' Rnl~R Vt<ii: 4J f),(IV ~ Home Address: "'1/..4/) A $# 7,u.) &"'It.1'./ Zip Code: 3"/// ;;.. Fax !\o. ':<3'9 ifn 1'fI~ Bu..inels Phone: ~.] r; ~M. '7-!f~'J.I e-mail.delre,s: rAI/.:.;<t~..<(.". @el#!PJ'NU,.}!t. ,v.~';r Bubless: As-so&:::::. BR.()I<~fi. - TII-~ ~A,JJC t:~~Li? - S(/,AJ Re~~."-'/ BOllcclcJrColllfDitteeAppliedfM': HAL/)C/(I"-1AA.) (!I<c~~ MoST vi Category (if applicable): ~ y P~A.s () .-.) ~: Cemmillloll DIlIIrict, DewIoper,en\ltroa_......y penn,.te. . Are)'4)lI.. regimnd voter in ColDer CPIIDty: Yes Do yeD culT8ldy bold pllbUc offICe! Yes If so. wbat is "'t ofIke! )( No No y Do JOo DCW .ene, ot" have yn enr uned, DD a Collier e--t). b..rd or eolnllllttn? Yell lryes, plt_ ftst tlae c:oDUlllttee!llbo.erdl: Nfl >{ Please lbt your commODity activities (civic d.bs, neighborhood associations, etc. and positioos beld: 1=~~/~ctl lI,e,.,d€1Z Ait.'/I."lN .Ap-P{.es k"/4h4AJI..$'~.a. rr....LI....~ Al'te';.n:,+.;J CL...JS I"'J t"'.s~ L#v~l!.. tL~""$ I.~,i)...c Ed1Laltion:~~t::l A res be~.. Ree /'1/feN A.,.()I C~(. C AJ ~ IA.X~ ('" ,At ,;.() l:; E]lperience: I5ll ,142.0 liel'f iJelt - Au"..o e. r. Iu~ TeL Ptfta/.' "u; C'LlAJT/2N_ A()7'RP/l.;7Y , B~,A..tj) DIAF~7'C.c.s Ftf-,!~,1""C;;'....1 1"1" ASse><. ,.Q/l. r.Ne. ~,; 7A/l".c /) .4-<Ji> N-+.L'I)/ UJ ~ J RL!AIj) t'j/ L>/II:!.(!"c..~A..5 1=,4~ I'1IAJi ;-", ~\ llA"-lC Y 'Y.I\1~A "'1'12~",Sf)J!l:-.t. .five-tV Cr 12i?I't~c.eA-7"t:: "nwAJ ~",..,."o,./-..;~' - l'ktIw tdItIdt-.y M~Utfi>,--.~,.,,..,..,. T1ris~ u-u _~ *' s- FilsoA. ~ MMSliff!' ",nw BUIW ejCmutlJ' c.o...;".,;,,_ lUl Eaf T.__a ~jt("",., FL :J~Il2. If.- .aJt,J1I-J-JllIU'.w~_fn ~3" 774-3tiit2 or..... trJ ..rlil..(}.a'('fIm~ n-l," /H~, ID _ tlwdtizms .fCllllltn C..... Z;'d dgZ;.Z;O LO lO war ~ -) 4 r \r L'd d-,7L// IT, ~ervi~?J Dn-~ Lf 1tt(1 1$-/t)/1 ~r Agenda Item No. 9A -"3 (/I/;;;).J March 13,2007 7" Page 12 of 36 - "THE MIANO GROUP" 3757 Taanl.mi Trail North Napl_ FL 34103 Fax (239) 263--8446 Paul: (D9) 229.8221 Mike: (239) 289-4882 B~B: (239)272-1053 Email: paulmianoOearthlink....,t Emalt: mhaddock44Oc:omcast.net frnan: misbhavencmcomcast.net ~ TRANSMITTALj FRO",: Paul Miano Michael Haddock Brenda Haven Dale: II.}.. Ii' ") No. Pages incl. cover: ;t, Time: To: 51.)::' /;'/4S()/J Fax Number. 771/- 3e:t> J.... Re: APi>i..lc..,..r/o...; FfPlt /,/,0'11. /) c"e ~A JCJ C! i'lL;. ek' /1 S 7 v Comments da:lO La GO uar Agenda Item No. 9A March 13. 2007 Page 13 of 36 -- Board of County Commissioners 3.301 East Tamiami Tl'llil Naples. FL 34112 (139) 774-8097 Fu: (239) 77~3602 ~1J-t~' .~I, ,.... ,. . , . ,.. , ' . , . ~ . ., . . f t I . Application for Advisory CommitteeslBoards ..---./ Name: V, t, <-., - II';: -1 ,-.(.. J Home Phone: Home Address: '),)- U. (, ~1- U-c. 'LL(.: lJ;- ( v'f Zip Code: Fax No. Business PhODC: Lf '3'1 - C l' (-, II e-mail address: Businrss: C \- (() 111 (' U 5- f-' (. , Board or Commin<<:e Applied for: .: 1'1/ (.) e-Ik/\ 0 l" ( (" K- /)1 'S T L{ Category (if applicable): L.A-v. ~v')':"11 ..........: (0........... DislrYL Dr-~r. .,l..imto_alilt, Ill~ pt........". 7-75 - V\l V 3 ~Y/ IJ- (Y7/')sc,cly /~ , ((;I~-I/I LI L /:...' ~ rl- 6,-1~O An you a registered ~'oter in Collier Co..ay: Yrs L// No Do you currently hold public oftice? Yes No ",/ If.... ..hal i. lloa. olrK"! 1)0 ~ou no_ ~n'~. or Ita" ~ou ~\tr ~n.cd. o. a {'oilier ('o..~ board or~ommittft! \ n Ir~n. pinK li.1 Ih. rommitttnlboard.: '0 V'"". . - f~~\;:~ m~.~.$,~~ T ~~ ~"nod ---..~ .ad ~.~.. h.~, ~ '~~ll(~.~,E~) .~c '-~ I ~ ~~: :~: ~ CL<-i~~t:~ I f~~L ;l-~~'~'~' - l\\I~>c"'I'VC) .~ c/ JplOI k-L/ C PIIUp,--.-...; N.t'l<'Jr-.f-l).'r~"'cO ~__A'4r::.J-. I ~'r"'; LA.oq(ilt'i) , 1h,,",-'-1 C\L.:<./) '-"'"'- f4-:,-f. Edue.tio!!: ff\W..., ::h;"'--V t:k (.U P .1..... rl" {VI./tf'v {!-I..D l.'u. ....d.") /....!tk.. c:., ( ^-Cv.f . J ) bpcrieoce: .'.':, L~)t kl ,\.(,11 L ,,-1 Lz" <t,'I'..A A-. '!a.t lt~J. r:C\'l\..l'l"--...~:..tl {f "; ,~~\;J.- c~ 'd-~ ~~([_: ~ '-''-' (J';hl c,M.'l, , \.-C ~ L ',) L~ ' I -t l-..... ~ )of {J,1 . .:. . . ,L ~ .b. iLL ( c.r' (.J.. ,....- ~ i ~ J~. I ~...~ ........J..).....~').. ~ ~~) l, \...C.... . pt~ IIIl11d ~. .uitioII. illj~.._ Ird fWrrUtnIL 111;' ~ ....1iI wI""""" II> S- F'1bDft. Eundiw .w~ /0 tit.. B-.I,,/ c_~. c....._ . 'n,,", .Utl/ c- T~ TIWIiI. ..,,~ n 34//!. I/.I-......,w.... lax ."-' ~ II> I!J'17U-JM! 0'......... ro ~~~r.1IC'I 11I...t ..-I'" .,."u,-m.t'" Sl'rw,'" c~ ofCIII&r C_~'. . ~ . -. VICTORIA A. TRACY 3266 Lakeview Drive Naples, FL 34112 239-775-4843 home 239-572-3799 ceU Agenda Item No. 9A March 13, 2007 Page 14 of 36 CAPSULE RESUME Current CreoMed Inc. Naples, Florida Chief Operating Officer 2004-2006 National Consultants for Education - NCE Royal Palm Academy, Naples, Florida Development Director / Board of Advisors Chairman 2002-2004 Xerox One Source Naples, Florida President 2000 - 2002 Hardy Development Group Naples, Florida Director of Operations and Vice President 1990 - ongoing Tracy Consulting Inc. Naples, Florida President 1997 - 1999 Ezon, Inc. Naples, FL Director of Operations President BG Corporate Flight Department 1995 - 1997 Skytruck Sales, Inc. Naples, FL V ice President & Member of Board of Directors 1994 - 1995 Youth Foundation of America WSRX Radio Station, Naples, FL CEO 1979-1990 Health Management Associates (lIMA) Joseph C. Greene & Associates, founder HMA Naples, FL Corporate Administrator & Director of Corporate Operations EDUCATION · University of Michigan Dearborn - MA Degree in Human Resources · Central Michigan University - BA Degree in Business Administration . . . . . . . . . . . . . . . Agenda Item No. 9A March 13, 2007 Henry Ford Community College - Accounting Certificate Page 15 of 36 Stetson Law School - on going studies to complete JD Detroit Secretarial Institute - Associates Degree in Office Administration Collier County School System -Substitute Teacher Certificate (SED and EH Certified) State of Florida Real Estate License Licensed Event and Meeting Planner - CMP State of Michigan Para Legal- Certified Contract Negotiator and Mediation State of Florida LLA - Licensed Legal Assistant and Para Legal State of Florida Human Resource Evaluator Licensed Quick Books Facilitator Disney School of People Management - certificate Disney School of Business Administration - certificate CIVIC AND SOCIAL PAST AND CURRENT AFFILIATION . Board of Directors - Fellowship of Christian Athletes - current . Board of Directors of Collier County Education Association - past . Executive Committee of Collier County Education Association - past . CEO Youth Foundation of America - past . Junior Achievement Volunteer - past . Board of Directors Collier County Women's Network - past . Guardian Ad Litem Program - past . East Naples Civic Association Member - current . Founder and former Chairman of the Board Collier County Pool & Spa Association - past . Founder ofCCPSA - Collier County Private School Association - current . Christian Businesswoman of the Year - 1990, 1991, 1992 . Naples Businesswoman of the Year-1995 . 8 year coordinator of Third Street Festival of Lights . President of University of Michigan Alumni Club, Naples Chapter - 1982 Personal: Married to Steve Tracy, Naples native and owner of Tradewind Pools, Inc. One step-son, aged 26 ~ -~ -. ,.- -.- Agenda Item No. 9A March 13, 2007 Page 16 of 36 ,~_-r Al Hubbard 3051 Sandpiper Bay Circle Suite 1-106 Naples, Florida 34112 239-213-9438 Fax 239-213-0737 bil!BlnickliV.aol.(Om AI Hubbardlalmsn.com F:~ .". ;"'- .~. .-~ n ~L--" i~;I\~H':! ',.:+ \..;,.1. " '" :.\.'~, :"1 Delivered via e-mail to Ms, Lisa Resnick December 29, 2006 Mrs. Sue Filson, Executive Director The Board of Collier Coooty 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 County Advisory Committee/Commission openings. My in-depth review of the requirements and proximity of my residence to the various requests provide me~o eoll6i_o..: * aldeman Creek Maintenance Dredging Advi~ * Bayshore Beautification MSTU Advisory Committee 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 - . . ........... ,L\genda Item No. 9A March 13, 2007 p p 17 of 36 3301 East Tamiami Trail \ \ \. Fax Mr. U-S~~ J~~ ~O ----0cA J'- h., '-. Cuy" ~ () j~ ~ ~~ , He v.>;U c0oor---<- -LJ.. JlS~ +- ~ "f- I:> G-LC- ~L. . Lisa Resnick, Administrative Aide t-;f0 / To: Mr. AI Hubbard 5 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 PI.... 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 fOm1, 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. ~ -- ~ I ... Agenda Item No. 9A March 13, 2007 Page 18 of 36 "".., r~~~' r:- t -"'. :r--" l .. ~ :..... ;' ,"-:{) "-" AI Hubbard 3851 s.dplper "y ardor Sattc 1-106 N8pIM. Florida lClll l39-21J..94.18 Fat ~::nU737 ~~-- .\l M1ItIMnl/a}m_ ".- '. /.'~:tj'ti' {~;.I~U"1 .... _ .....,. y ,~.: ,.j;.. nc.ered. Fas to: 239.77~ Ms. Sue Filson, Executive Director The Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Dear Ms, Filson: Upon perusal of the article in Monday, December 2S, Nqples Daily Newlt I determined it was time for me to become more active in the community in wbich I am home. I have lived in Naples for nine-years. full-time; and part-time prior. The publici7.ed open Advirory CoounissionlCommittee po~itiona are quite divergent and I am not certain in JCVicwing them. what precise qualifications are required, or for which I may he qualified. in ccrtai.n instauccs. At any rate, [ offer whatever services you and your associates, upon review of my cccdentials enclOllled with this Fax, may der:ermJne for which I would be best considered. if any. Tf my P'O~!l) do not particularly fit those being sought lit this time, perhaps you would keep the profile(s) in mind for future openings. What is not included in the profiles are the cities in which I have lived. and a few of which I perticipated in civic activities...(Marion. IN; NaperviJle, IT..; Peoria, IL; l.ooisville, KY; Winnetka, IL; Nonhbrook, IL~ Lincolnshire, IL; Dallas. TX; Frisoo, 'IX; Scottsdale, AZ.). I recogni2e fully that the enclosed docwnentation may weD be quite an overload of information. but you might a.~ well havr the complete story. \ Qt/Hl 3~l;1d 31~I0J6S~ a~anH ,~ L€L13Etl&ci: lS:Lt gee~/le/E0 . . Agenda Item No. 9A March 13, 2007 Page 19 of 36 Page 1 of 3 Advisory Board Appl~on cFonn e Advisory Board Application . City Required . Postal Required . Email Required Please fiU out the following fonn to apply for a Collier County Board I 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 Sandpiper BayCi1ele, Suite 1-106 City elNlJ>lel 134112 Zip Code Horne Phone Fax: 1239-213--9438 123~213-9450 Ex. 239.555-5555 Ex. 239-.555-5555 Business Phone 1239-213"()737 Ex. 239-555-5555 Important: E-mail address is required to receive a copy of your application. Email Address: lbigalnick@aol.com Place of Employment: IAI Hubbard Associates,Inc:. How long have you lived in Collier County IS-10 ..:J .ave you been convicted of any offense against the law"? i No -=.i http://gis.colliergov.netlwebsitelvisionlbcc/advisnrvRoArdAn''''l'':f...'I'ft'l~f.,,1t ..Oft" 1"\ IM.....M" ,n 12:13 ~tld 3ll;;lI~OSS\;1 a~\188nH 111 Lf:LeEtZ:GE2: Z:~ :L t 90132:/ HI/E0 ,: .. Agenda Item No. 9A March 13, 2007 Page 20 of 36 Page 2 of 3 Advisory Board Application eFono . Are you a registered voter in Collier County? I Vet ..:J Board or Committee Applied for: ICheck Qu.lifieatiort8 Category (if Applicable) jNot indicated i.e., Commission Distric~ Developer Enviromnentalist~ Citizen At-Large, etc. Do you currently hold public office? fN03 Do you now serve, or have you -.ever served on a Collier County board or committee? fN03 Please list your community activities and positions held: Example: Civic clubs, neighborhood associations, etc, Education: BS, MS Experience I Background -9 hUp'J/gis.colJiergoy.DetfwebsitelvisionlbccladviMTVRMrti A nr\l~f'n"",m..f'.."k ___ . .. _... ___ # 0t/Se 3rnId 31'0'10005\1 a~wenH 1v LELl3Et2:6E:Z; 2:9:L 1 9Sl32:/10/E:a . . Agenda Item No. 9A March 13,2007 Page 21 of 36 Page 3of3 Advisory Board Application eForm . See ~ttached Em1IiI Sue FUson J RMelI Any infonnation 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 .Statutes. 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) 714-3602. e bttp://gis..coIJiergov.ndlwebsitelvisionlbccladviMTV~1I1'tt A """jl\t_/T\..~...J. ...._ .... _.. .u... ... Idt/p~ ~d 3llfI::lOSS\1 a~l;1SgnH 1t1 Le:L~Elle;c:~ lS:L t 913ldlI10/E:13 63/Ell/2eeG 17;52 239213El737 AL HUBBARD ASSOCIATE AgendMO!2m MI.m March 13, 2007 Page 22 of 36 . 'SWld ss:xqsnq 11Y~ JOfew ~~:)yp QJU! suv(d ~:l(.WW pa ~snq :lJ:lO~W Wftl 01 SOJ!UUdwoo l~!I:) l(l!M 8U!l{llSUo:) ~ pgAof~ SIIlI pmqqt\H sa~ucuwcldo~~~ . pz:mq.~ >M~X3 · \'UOpR.IO<fJoo '-'1e~p:d 10) UO~~ ~ ~A~ ;UOqs...oo . ~l1JUtU.lOddo 1;?d pmr ~qS ~ · ~3 8t1!~0SU\() · UOP!S~ JO/PUB ~pA~ ss:Mqmq.1OJ ~OS ~~ . 8u!rgOJd pu8 ~f5AJ8UV ~:J.ua O8Icl ~Q · . :~ P'lP!i\0Jd ~:)~ ~ 8uowV 'OlUIOOUJpulI ~ ~snq ~OJdUl! Sl~ pD8 ~~~ 80fJQ ~~~ ~~"'9t1" pu8 ~~ 8~,ooouuy OllIUodJoo v UO SM'lUp paqqt\H ';f;)lMPlJOM ~ ~~.ws ~mOUJ~A pue ~{tlSDOO Gp!^wd':xlI '~OOSSV' pnrqqnH rv "IYo.Id IIIl1fll\ll uop.D A ..,oQS ~1V6a: tllK W'PJ.IClU ......N .~ A.IiIlI.......... lQ . lI""....~a -~lI!q (n.o ~ ~tMZ: QJK~~ -..... 9IGS 'JaaS-,,_ "311} 6S1J11POWV p.I8qqIIH IV .lIIpIIlUd 'P*IClIlH IV . . . . .. . Aoenda Item No. 9A - March 13, 2007 Page 23 of 36 AI Hubbard s.eImroulld * AI Huhhard boIds Badlclon or Scieace ill Aeeollllm.elMarbtingIRetaUing; ..._d... Muten of SdeIKe ID Corporate FiDaace · AI Hobbard ~ from Sean, Roebuek and Co. ia aue.,o, D.. as a FiJIaDeial 0ffida.I OOIldudiac a 3O-year AlCCaIfuI ftDaadal caner, iDdadiDJ GeDInI Maaqer of 5-OperadoDs (~eDten auployblc up to.-so c:mployeea, cited as SlIa:essfuI eoDtributor for uut&taDdiDg cOIdrilMltioD to C'OI'pOI'1de pro&.. Hubbard_joyed. senior --I'ketiaa poIitioD where tile eoJDPAIIY eatruated biI lI'Gup with D S8S m.iUioD k"" to ~u'ft aew el&ItoDlen ad Dnpmve .... and profits, the (lOUt of 'Whieh were exceeded.. Hubbanr. aareer .laeloded Gcwft'llDleot Af&ln omtel' 101' Sean Fiaaacial SeniceI Orp.ab:atioa, iDchIcIiDc a W uhillgtoD. DC IobbyiDg pontio. for tile eorporate acquitiiiou 01' two baDkiDJ tolllpUlie:s, and ac:qailldoll of Dea.-Witter. ReyDoIdI Co., aDd CoIdwdlBaoker Real Es1a1e compallies. * AI Hubbard aad his fiuaDy in the 1970's to 1990'. aequired five Baskbt-Robbias lee Crealll stores in tile Cbkalo, miDois muket, tu~ _ell fmm lukluter performuee to OD~ faciBtia, in m'eDDes, ma..... aDd d_1p. These stores wm acquired.bowed S3OO.ooo in grou teml.... At the date of their sale, the posa aales eseeeded 53,008,000. It AI Hllbbud odlor AI Hubbard AJIoeiata, IDe. hu RPl"IIIeIlted le\'eral compaDies to off- shore Inauraace fadBdea to .....p Variable Annuiay PIaDS .tructund to .....e the compallia milUou . of dollan iD m.tII'IlDee premNlD outlays. * AI Hubbard "'as succasful Praideat of two precious metals mining c:orporatiou. before ceasmc opentieu .. pntioUl metals aaiDiBg became uapnrfttahle. . · AI Habbard aadlor AI Hubbard Asaoeiata, lite. bill "'P....ted . number ofveadors of various ~ aod prod'" to . variety of COIIIpaaia lper.htlirinC ill fiDaIlc:W en1efs. · AI H.w..nl.. F.&enldw Direetor of. FinaJae.1 SeI'Ykes Tradt Corpontiou (501(e)3). CODVerted rl'Olll fS01(c)6) statu, oomistia& m eKftlS.f 15<<) seaior 6DaoclalsecuUves. Hnbbard has bad esperience with dab orpDizlltioa for so..e 3O-yean, servt:ae OD the Board of DMcton and in every oflker poatdoIa, iDelucliaC President. · AI R.bbard .. ....olnd in repl"fMtldDg 0MIeI"I of IigDt&aDt mild boldiDp to dtNeIopers aad CODStnldioa eompaai. for die mastnledoa of resorts iD Me:rko. * AI Hubbard a.dlor AI Hubbard Associates, me. are iDeorporated iD the US., MaiM, and Grud CIl)'IUL 1. AI Hubbard Auociatcs, IDe. (A Telas "C" Corporadon) 2. Seniciu8 del CieIo, MX 3. Ollt. IDvet1meDf Corporalion, LTD * AI Hubbard. aDd pal'lDen eitabl~hed a Mutual Fund compaay, ecmpIete with "'1 representation, recuJatory authority saDctio.. admiDiltradoa. aDd marketed to ..... foreip iDvtstment firmI. lOt /9la ~'jd 31~I~OSS~ a~~gnH l~ LHeEtZ:GEZ: Z;9:Lt seeZ:/1B/EB e3/e1/208& 17:52 23'3213El737 AL HUBBARD ASSOCIATE Agen~~m ~'1%A March 13, 2007 Page 24 of 36 NDIIId ~~ ~""IIONV ':ISH · ~ . NOll V;:)!l(f.l "" OJ ",1.J.~ (JlPllpIIOJ"'UftJ-S ........O~ . 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RJI' tp1\\ .~ ~ p.-qqDB IV f$JiCi (-. .- Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9A March 13, 2007 Page 28 of 36 f~ ~:~.... ~: 'V.^; ''i,' ~ it. ~ J,.\"i ,-~~t ~.f. .R, - /'~ I.'. <<,1/ Application for Advisory Com,.1ittees/Boards N....e: 6 ) m E.R (j) C 6/ ell Home PhoDe: 71 / 7 tJ yo / Home Addreu: ,J t 6 7 L -'/ ). €. v/et.J Z?, Zip Code: .5 V //..) Fax No. t r :l g ") ~ BUllDen Phone: ,5 $I J S" 3 I e....d lUIdftsl: E ) ~ eR /J?.f;J /I 5 (.) c:C)~~ / C~~~, BullDe..: /lJ /Ill' 0 7s /"J~ ~I?A ~ // #,1 J. C It C~ J- - /JJ Ss-~L./ --. Board or CommlUee Applled for: Category (if applicable): Ea...: c-........ DiItrid, DenIepw..m. . ."..,IIIy......... Are you a regUtered voter ill Collier CourJty: YeI V Do you c:urreDtly bold publie office? YeI Uso, what is that oftice? No No V -. Do ,-- n__ ieI'Ve, or have you ever 1lel'Ved, _ a Collier County board or CCJmllliUee1 Y. If yes, pI_ JUt the CIOIIUIlh1eeslboanb: No v --- - Please Iiat your commwdty lICtivitiea (civic clubs, Deigbborbood asSocilltiODl, etr. ..d posidoDl held: __D' #~) >.S: c.L-zL , Ln!~ ' ExperieDee: () Oc.. k P);fS -I-e-) ~.f- VIkJ-f t:,/t/6 ZY.lC , ~ 11 1/.; Nil /1l1fW~ell C/u~ / n>A.1/~;f I 1> F//C ~ 4.J ~ II) //s 6C1,lpu,,1 ./ G~;t? //7 i? /UO ~ ,tl Jsl'- ~( y If-df &f Y IX' ~ nc.u..... -.y ....,.,--';".Jtw-tIi-~fed~ n.. "r-:- a-M"f~" S- r.... ~M..... ,.tllelJtNftlofc-t}> c- . '..., 3.1 EtIIttT___7Nif, N... FL341U f,fytlfl.....Jlk-f-,,- wir--" (Z3~774..J662 .,....,,.1IIIdibD~."."fII n."JlWlfir ~"__"e~ 1f0000000~, It Board of County Commissionen 33D1 East Tamlaml TraU Napla, FL 34t12 (239) 774-8097 Fax: (239) 774-3601 Agenda Item No. 9A Ma~.....2007 , page~9/{~~\.I:~D ?DDS f'C:J:"L' ;..-r C;)(I.,"::V C':: ;)i"iii:'::':~:i{)nt:f$. Application for Advisory CommitteesfBoards N.me:_-1(~V'~ L" B~ Home Plt01lC: Home Adclreu: .3) I '3 B fA. ~;h ~-1-' Zip Code: FAll No. BusiDClS Pholle: -:Lit ~-'l1 a Business: w ~ +a-t~ Board or Committee Applied for: .,- LA Catepry (if applica.ble): 'A.t.d ~.~ IUlIlple: CoaIlDillllon DlJ1rIet, Dn-eIoper.ell..tr..lDeII.Ii....,. Ptrwa,e, Are YOD . registered voter in Collier C..aty: Yes V No Do ro- eUI'TeDtl) bold p_bli~ oftk,,'.Yes If sa, what is that om.,.,p ~~..... 2:.::......... . ..~ __fio__ . Do YO. ..'" _rYe,.r lIayc )'08 ever MInH, 011 It yea, plene I.t die (a..man.,aIbo.nII: - ....~....::., -:-:-- n,... PIeue liIt,.oar coIBmanlty adlvAties (civic dubs. oeilbborbood auoelMioal, etc:. ad pDlitioa Experieaee: . ,..,. "*"11 alO' MkIIJ~ ~ 1JH/81 puIbtMI. r.. W'. "roM...III kjrl"'" flI Sw ""0Il0 I!.1rawIIw ,. 1M 1kNud t!fc-.y ~ SJfJ &It r...... TttllL ~ FLJ4111 q)lPfl""'" plMJejctyft'~"., (2PJ)7'14..J6(1' (),....-.MItI...e'HJI~"..""..1.I ru.I:YDMP .....",..,_1M~~0JIWrc..1IIy. t . d All~3a ..., N3~~)t :~ ~ ~dv2:t 9002 L2 ~~a _.~ -4t Dee 28 06 05:22a Bel..BS 239 774, 9<483 p. 1 Agenda Item No. 9A March 13, 2007 Page 30 of 36 .t Board of COUDQ' Commissioners 3301 Ea."t TIIDlillUti Tr..U N"'II~. IlL ~112 (239) 7i4-Hllln Fa,,: 1239. 77+3602 <<~. t]Jr.l. . , , . ,,'~.er:-~\ ;rI'.....) :... -, r--:-: .\,., ,:; 1:.. ~:'~ .. 'v'..hJ AIJIJlication for Adviso'1' Committees/Boards N....: ~ Iv.. S~ ~~ ~ u..e Phoae: 77'-4 - 1"1 ~o HOllIe Adelre..: Z ~ "i\ >~()~'" 00J ~-.)~ Zip Code: 3. \.{ Ul... Fu No. n"f -ct"i8?> IIwIDeu .....e:-'1.1j - '7S~1.i Had ..w,...: 8>t~ \T"""~c.> Q....)\S\... 0, ,_ 2- _ c:A~. ........: ~l~~'C. (..~~"CI&"\'''I~-.ar. ',<\" ~ j;)Q.\~'Clo. &,^,,~1I.ClJo l~\., BoudorCe........Applildrer: ~cJ...~G -.~.. ~ ~~"'tv. . '. '". . II!..;,~.'.,;, !~<:~ C*lOI'1 (if eppIicable): ~: c. .. I DiIIrfcf.~,..... 1......1011.......-. Aft you . ...p.tcft4l1IOter Ja Colier Co.mty: Va ';.. No h )'011 cul"NDtly boItI p.1Ie e8lce! Y" No 't.. 1110, ....Iwf iI tIhd alleeT Do,.. - ...... ~ ycllII..er ~~.. CaIIIeIr eo.u.c,. Manl ar _1Dl.-! v. " No 1f)'WIII..._tilt.._m............. ~...t1~~ j '-... J_ - 1 ~\I& ~ ...f'h Pl~-~''''''' M..>1'~ . PIe..e jilt ,our -..-It>' ......... (ch1e dlla.. Delpborh0e4 utoellllloM. __ ... r.'!1doDJ beJel: DP"'t :.,~~""I:l. M.l:. 'Iv . Cl>~ -,......l... t.llt """.-...-k-(J... ~~"''', ,I L ~~. - EdIlCldioa: ~~ s.c...~ I\c.UoIP~1\I'-~\. P"".. ~...",- Experincel ~,\..o~""\'1 t-._~^"'""~' ~~~a.ot.. "~CQ,a~\.. ~\........~ ~7 ",~1tJ, ~~..l~-A,. ~Oo.ll:."'- 5" 'J ~S Ho~ ~~"'- C>~ u.....l.. ~ ~...\V'c' """'yo t"c"-,- LV>>- ~'t'1"" n-. -- ..".............".,."." JIM"""" Jltil'....1i .... J "-"" -f-Ml"'" nloM, ~ ~ 1.,',Boa"It'IC-"".(.'_I1IiNti~.f".J E..,T__i 1rllit..\'tpln.FL,f./l1J. (f)-..m..~f-,-4If'Iic"''''' (Z.f!JJ"4~ffi82 II' -_'" .,.../il"".,.....(o/fi~"..",." 111"". j"CIN J- ....",,,IWri-r'" urr, ",,~. .(.'lIIlin '-_""'. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9A March 13. 2007 Page 31 of 36 ~tlt! \.'. .F~ ,..~ # ,. . . , ._~ . , ' . r ~1. , '. . - - 'i .' .,": . r::O 'J , ... .. , < ,. ,- JAr\' .. . /. . . Application for Advisory Committees/Boards ;((/Y A. J!JJLSC>N Name: 80ard Of ('. -\}Unt" r. J ."AmmlfSS . loners Home Phone: 7. J t:t. 7 J :J.,; r 8' J. 7 Home Address: 3 '3 ~ P,&: -/J;, C. Zip Code: 3 L/ J I ;A Fax No. OtJ O~",AUPB.~;j~f!,De:J J1 fJ/ ~ f 'S;~ail address:~ NA AI IIJ ~ /f4 ~,.. CD." BusiDesS: ~, ~ Board or Committee Applied ror:1fgJJ~W\..t.A) rJu~ k. kit .J,t..b ~I AlJ M S YlIf Category (if applicable): C I ., , "'L,'- ...) En..pIe: Commillioa DiRrict, DeYdoper, ~ lay perwa. ett. Are you a registered voter iD Collier County: Yes x No No x Do you currently bold public office! Yes If 10, wIW ill tat oflice? Do yotl _ serve, or "an YOII ever served. .. a Colier CotI.ty board or coIDmittee? Y C8 If yes, pleae list tile coIRmittealboanls: No x ~,";i~U'~~foctif~~vK_d~~-r--"d~bdd' I;-A"a"o~o" J.Jt ~ ~ -; ~:t C'.,:P - n:A~'tOm,,~'-II!hfl-fJ I1I/ri",,'/ Educo_,jJ_B s P1A~'''l -~ + f.J._t~ {,tv../' I Itl. , t':-I.....II.~J "~I _E~tl u -I, _ _ YIL.~ n.,I~ 1'1 r-I , Experience: J~l;- 8 rr~t~ 6- D" "1)1)' .,.-,,,vAl. L Y / __ ~'ecA"eL Mf!"'1},~A-, -n,.,~~A. (" /i"G.. 01-110 1,1, /lA,'/!:, c-/4Nt:,1 I 7S--71 /lieGe IIIIrIcIt any ~ inft1ml/lliolaytMf<<l pmiMIrI. 71tir IIfJPIklti II.-.u w /i_ _wkil", SiRe na-, ~ M""".. to die /JoIIrd ofCOfIIft)' C~ 33DI Ea T...... Tn1lI, N~ FL 34112. If,........plssejiayollT ~ III (239)774-36(}] "r __to suefilsottJiaJlliffl'ov.ner. 1JI_"",/f1r WJlIUft<<rlItr III - IIwciIkDB ofCII&r CoafJ'. .. Agenda Item No. 9A March 13, 2007 Provided for Experience section of Application for MSTU Board applicati~e 32 of 36 applicant is no longer active in any of the listed companies/organizations Roy A Wilson Board Chairman Beyond The Network Inc and Corporate Access (HK) Ltd (retired July 1,2003) In August 2001 Roy A Wilson was appointed Non-Executive Board Chairman of Beyond The Network Inc (USA) and Corporate Access (HK) Limited, both subsidiaries ofPCCW. In this role, Roy will be responsible for strategic initiatives and business relationship development with a special focus on North America. www.btnaccess.com From August 2000 to August 2001, Roy was Managing Director, PCCW-HKT, serving 3.7 million customers in Hong Kong with one of the most sophisticated fully digital telecommunications networks in the world to provide local and international telecommunications services. As PCCW's Telecommunications Services Unit, the staff of 11,000 was expanding outside Hong Kong both regionally and internationally in a targeted manner to create sustainable growth serving both existing and new customers that needed telecommunications services in Hong Kong and the Asian Region, especialJy China. Prior to PCCW's merger with Hongkong Telecom (HK1), Roy was Executive Director with responsibility for Customer Services, Network Services, & Quality for HKT. He had previously held the positions of Executive Director, Sales, Marketing and Customer Service as well as Executive Director, Customer Service from March 1997. During this time Roy served on the Board of Directors ofHKT (with listings in Hong Kong and ADR's on the NYSE). Before joining HKT, Mr Wilson held various positions in Sprint's Local Telecom Division, including Vice-President and General Manager of Sprint North Central Operations, United States. Here, he was responsible for network and customer service to over 1.5 million customers in five US states, including representing and promoting the company in its many public arenas. He served on the Board of Directors of United Telephone of Pennsylvania and United Telephone of New Jersey from February 1988 through February 1997. Earlier in his career, AT&T International employed Mr Wilson in the Market Planning organization that created and monitored marketing strategy for six international regions. From 1967 to 1983, he worked for Ohio Bell Telephone in various operations and engineering management positions. Roy served on the Board of Directors as Vice Chair - Global of the Center for Telecom Management (ClM) at the Marshall School of Business, University of Southern California http://www.marshall.usc.edulweb/CTM. Additionally, was a member of the International Engineering Consortium Executive Council (IEC) http://www.iec.oq~/. Mr. Wilson graduated from Kent State University, Ohio, USA in 1966 with a BS degree in marketing and attended the Executive Development Program at Columbia University in 1981. -000- last Update 7-2006 e1/05/2BB7 11:27 2397744877 HLYH PAGE ell Agenda Item No. 9A March 13. 2007 Page 33 of 36 Board of County Commissionen 3301 Ea$t Tamiami Trail N .pIN. FL 304' n (239) 774-W97 FlIll: (239) 774-3602 ~'If~'.' ('\ . " WED , . . . , .., ,-' ... ;J; .0 ,,~ 'jNI'7 . 1 ~ L0u f30ard af Coun:i ';:;ommls~jcners Application for Advisory Committees/Boards Nawc: '- 71 r-'" v .:ro E', 'Po -tL 0 Y'1 Home PlIoae: ;;1. S 9 '7.3 ~ ~ ~~ , Hoa. Add....: 3.;1~ Y; e If' A N'4f joG <; r j Zip Code: 3411 '2- Fas. N(>>. B....... ~O..l e-mail MldreN:..)o<!.Y\ht.rt@~...~-SW-J..IV- ~ <.0/'1'1 ('a '!Io" , 'T'\~1- Bum,.: AI ll-o? I ~ ~ A. a h d ~ a ch + H 3)- 11 0 ~ Board.r Co....... Apptied fetr:HaJde.FY1i)-,.. r~\oo.~Lk Dr~d') I 4 1'l'1dn.,i. ~~"'~o7' Celli" ;rl,,~ c.....,. (if appJicUlle): I.semplr. c_..... 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(lJ')"'~.J"I. -.II.. .".~aI1lIne-.... ""1fHIfur ~.. _ flu ~ 'fCoI/IttI' ~ FROM FAX ~jO. Jan. as 2007 l'OO~~~ It~1J)1 No. 9A March 13, 2007 Page 34 of 36 Board of County Commi58ioner~ 3301 ~st TIUDillUtl Trail "I/.ples, Fl. 3411.2 (239) 774.8097 Fax: (%39) 774-3602 l~") ~ :"'~ ,__ r ('~ '. '-' c..,. t:: J \f:l-' 0 I. M.. I~ n :'j:.'" ;';~/' ....', ~,;U. Application for Advi~ory Committe~oards , N....'\/o\A(~ 5.wI~ ({)~IM.+-H.m'Ph.'''~-{on Home Address: ;;.. 701 ~J!!.o...., ~ ~. Zip Code: Fax No. ;;. ~-~-bJJe'mail.ddreu: Busiaea: Catecory (if applicable)' Exalllple: COlIlmluJon DlIrliet, Developer, m~;r.nlllenIaJj".I.t per..n, et~. Do }'OU cllrreulb lIold pubUC' omce? Yet U SIl. whit Is Ihat o1llec? ' '110 ~All ~~ A.re )'011 . rer.:btered voter in CoWer COIUlty; ,\:'e'__No Do YOII ftOW "l'Vt, "1' hI'" YOIl ,vlr '11"'14, lion, a Coni.r CoIIMY bDard 01' coml1tllCu? Vel If yu, plrl,e lilt tilt cOll1mittHlN'boIlrd.: No )( held: - E~h~i~."l,.;J~!'r~~~~~ l~~) ~~t1;;;p ~~ . ~ ~~ ~~~c 7 PI.Il'. 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",......~Jia,.., .~ * rr...... ~..",,,....._"w_ lI"e,. ~U""'er'JI'''''.f1!j. --JIM'_"* _"".,.,_*~..~~ RECEIVED filson_s Agenda Item No. 9A March 13, 2007 Page 36 of 36 From: Steve & Char1es [gsmservice@earthlink.net] Sent: Saturday, January 06, 20071:38 PM To: filson_s Subject: Application for Haldeman Creek MSTU Importance: High Sue, I have been unable to access the online application forms for this Board. I tried to find a form to download and could not find one to download either. I am interested in membership consideration for the newly formed Haldeman Creek MSTU. I am currently a member of the Bayshore/Gateway CRA Advisory Board. Please accept this "ad hoc. form as my application. I provide the following information Stephen C. Main Home phone 455-2459 Cell 253-7263 15 Newbury Place, zip code 34104 Fax 774-5458 Work phone 774-0222 email gsmservice@earthlink.net Business Service Manager/Co owner Gulf Shores Marina, 3470 Bayshore Drive Applying for: Haldeman Creek MSTU Category Business owner or at large I have lived in Collier County since 1998 and have been a voting resident of Collier County since 1992. I have not been convicted of any offenses against the law. ( Not including speeding tickets) I am a registered voter in Collier County I do not currently hold public office I am currently a member of the Bayshore/Gateway CRA Advisory Board. My community activities: Cub Scout Pack Cubmaster 2003-2006 Treasurer Everglades Region Porsche Club of America 2000-2002 Assistant Scoutmaster Boy Scout Troop 2 Currently Education BS Engineering, United States Military Academy 1972 MS Operations Research, US Naval Postgraduate School, 1982 I served in the US Army for 26 years. During my tenure I worked with multiple levels of government culminating with service in the Pentagon on the Army Staff. I was Chief of the Resource prioritization office. This office was responsible to allocate the financial resources of the US Army, at the time approximately $608. Most recently I have served as a member of the BayshorelGateway CRA Advisory Board. I have gained a great deal of experience with the process in Collier County while serving on this board. As an owner of a commercial operation located on Haldeman Creek and with 8 years experience operating this business in this area, I am qualified to offer that perspective to the committee. Thank you very much If you need me to sign this form please call me and I can come over and sign it. Stephen C. Main 1/8/2007 EXECUTIVE SUMMARY Agenda Item No. 98 March 13, 2007 Page 1 of 16 APPOINTMENT OF MEMBER(S) TO THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on February 4, 2008, to the County Government Productivity Committee. CONSIDERA TIONS: The County Government Productivity Committee has 1 vacancy with the term expiring on February 4,2008. This committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. A list of the current membership is included in the backup. Colleen M. Kvetko resigned on January 16,2007. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY .QlliI ELECTOR ADV. COMM. Neno Spagna Public Administration, Urban 5 Yes None Mgmt., Growth Issues Michele Ellis Harrison Realty, Construction Industry, 2 Yes None Management Georgia A. HilJer Law, Accounting, International 2 Yes None Business COMMITTEE RECOMMENDATION: Georgia A. Hiller FISCAL IMP ACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 13, 2007 ,- Agenda Item No. 98 March 13,2007 Page 2 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: ~)B ,1I,ppomtment ot member to the County Government PrOductiVity Committee 3/13/20079.0000 AM Prepared By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bee Office 212612007 1 :41 :32 PM Approved By James V. Mudd Board of County CommiSSIOners County Manager Date County Manager's Offlce 2123120072:24 PM Agenda Item No. 98 March 13,2007 Page 3 of 16 MEMORANDUM TO: Sue Filson, Executive Manager, Board of County Commissioners FROM: Michael J. Sheffield, Productivity Committee Staff Liaison DATE: February 22, 2007 SUBJECT: Productivity Committee-Recommendation for Appointment As you are aware, the Productivity Committee currently has one vacancy as the result of the resignation of member Colleen Kvetko. The new appointee will serve the remainder of Mrs. Kvetko's term and will be eligible for re-appointment in February 2008. Three applications were received. It was determined that all three applicants meet the criteria for appointment. In accordance with Collier County Resolution 2006-83, at their meeting on February 21, 2007, the Productivity Committee voted to recommend to the Board of County Commissioners the following: Applicant Recommended for Appointment: Name Georgia A. Hiller District District 2 Place of Em 10 ment Lawyer-Self Applicants Not Recommended for Appointment: Name District Place of Emplovment Three Primary Areas of Expertise Michele Ellis District 2 Gates McVey Capital Realty, Construction Industry, Harrison Group Management N eno Spagna District 5 City of Naples Public Administration, Urban Management, Growth Issues Current Number of Members per Commission Distric4 as of February 21,2007: District Commissioner Number PC Members Number I Fiala 2 2 Halas I 3 Henning 4 4 Coyle 3 5 . Coletta o Agenda Item No. 98 March 13, 2007 Page 4 of 16 County Government Productivity Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Lawrence M. Baytos 06/28/05 02/04/07 2 Years 252 Cheshire Way 592-1398 01/09/07 02/04/09 2 Years Naples, FL 34110 E-Mail: audubull@comcast.net District: 2 Category: Human Resources; Mgmt Strat; Productivity; Retired Commissioner Tom Henning 774-8097 01/09/07 01/09/08 1 Year 3301 E. Tamiami Trail Naples, FL 34112 E-Mail: District: 5 Category: Vice-Chairman Mr. John F. Barlow, Jr. 04/12/05 02/04/07 2 Years ,. '. 4351 Gulf Shore Blvd., N. #19N 649-6380 01/09/07 02/04/09 2 Years Naples, FL 34103 E-Mail: johnbarlow@lerivage.net District: 4 Category: BS Business Administration Mr. Robert Dictor 01110/06 02/04/08 2 Years 141 Gulfport Ct. 389-2638 Naples, FL 34145 E-Mail: rdictor@prodigy.net District: 1 Category: General Management Mr. Robert C. Bennett 290-2331 03/28/06 02/04/07 1 Year 285-1 West Naomi Drive 352-0219 01/09/07 02/04/09 2 Years Naples, FL 34104 E-Mail: robertbennett3@comcast.net District: 3 Category: Executive Leadership; Utilities Mgmt W;~d~;"J;;;;~~";!/lit2oo7"'~''"'''''='''';'-';''''.''' ;C.;-"","",'" "-'~':"i~~,~:,<;tV.:::tC"7~::;:'{~';~':~;_~:'4.,,::'_:fi~';~';"":t:,:::-,.J-T~',:- . Page 1 ofi/ ,..,,;;.,~,~~ County Government Productivity Committee i\genda Item No. 9B March 13, 2007 Page 5 of 16 Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Janet Vasey 01112/99 02/04/00 4398 Longshore Way North 598-4378 01/10/06 02/04/08 Naples, FL 34119 E-Mail: District: 3 Category: Budget & Financial Anaysis; Operations Research Mr. Joe Swaja 460 Battersea Court Marco Island, FL 34145 E-Mail: joeswaja@comcast.net District: 1 Category: Executive Leadership 262-7100 06/06/06 394-4599 02/04/08 c Mr. Sydney E. Blum 594-7880 10/14/03 12930 Positano Circle #305 261-1855 01/09/07 Naples, FL 34105 E-Mail: eescool@earthlink.net District: 4 Category: Job costing; Mgmt Styles, Efficiency Training 02/04/05 02/04/09 Dr. James Alward Van Fleet 184 Spring Lake Circle Naples, FL 34119 E-Mail: javanfleet@msn.com District: 3 Category: Ph.D. Economics 04/12/05 348-8162 01109/07 02/04/07 02/04/09 Mr. Stephen A. Harrison 821-5180 01/27/04 4255 Gulf Shore Blvd, N. #1506 821-5180 01/10/06 Naples, FL 34103 E-Mail: s-harrison@comcast.net District: 4 Category: EconomicslFinancelMarketing/CP A 02/04/06 02/04/08 ( ,- -_'-';"'1':';' - '---;'!:~!if~-~:C:~ _-_.'7:A..~"'::__'_"~~".\:'.t:c;r~;':~;'~,:c~_~.i'",,\:,:;"IC: -~.~~_'~~'-:;:',' .,,' .-- ;:'"-,<-;:,:~"7:;:',,"~":,.,lf.'-::: '.,:'~';:-~:::'::'';:_.'~ - :...~~- -:::::S"i.-;~-_---.:r;.,;.-'- '-'s..,~:. Wednesday, January 10, 2007 ... Page 2 of4 1 Year 2 Years 2 Years 1.5 Years 2 Years 2 Years 2 Years 2 Years 2 Years \, County Government Productivity Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Ms. Colleen M. Kvetko 1~V"'.tJ1"\ 272-3483 01110/06 6623 Glen Arbor Way ~e~ I..lD 353-0129 Naples, FL 34119 VI E-Mail: gogirlnap1es@ao1.com District: 3 Category: Operations Researcb/GovemmenVHuman Resources Name Mr. Bradley A. Boaz 403-6712 01/10/06 2185 Outrigger Lane 659-7006 Naples, FL 34104 E-Mail: dxdotcom@earthlink.net District: 4 Category: GovemmentIHuman Resources :;tt;:l;~. :;: ';,r.: _:~~'.: _ - -,~:;'-:'. .. ::-.:':,::;',:,m;;-:', -.:.J-'.."Ii:.W:1'i; ";':'~;'L"',':i"i~""/<tij'};-;::.'; Wednesday, January 10, 2007 02/04/08 02/04/08 Agenda Item No. 98 March 13, 2007 Page 6 of 16 Term 2nd Term 2 Years 2 Years Page 3 of" . 'A_ < :~,., - 7.,r,; . - .",,'-':-' ~_"~,,:,':;:':C:.'..~'_' ';""'?Zj-': :.._ "I"!,:::': _~ ?!.<'::_ _ __ ~;Z' ,/. I c_ Agenda Item No. 98 March 13, 2007 Page 7 of 16 County Government Productivity Committee Name Work Phone Home Phone Term 2nd Term Appt'd Exp. Date DateRe-appt 2ndExpDate This 11 member committee was created on 01/20/91 by Ord. No. 91-10 (amended by Ord. No. 93-13, 96-10 & 2001-37). The committee is composed of 11 members, with the vice chair of the BCC serving in a liaison capacity. Committee members are required to possess special expertise and experience related to managing large organizations. and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the BCC. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. They may also assist in the implementation of those recommendations. Terms are 2 years. 7/25/06 - Amended by Ord. 2006-38 Section two. four, fIve, seven, and eight. FL STAT . Staff: Mike Sheffield, Assistant to County Manager: 774-8383 - ~':,:,',::.:nc:::.:'.,~'-':,.:::;:.:::-::__. _ -~::';" -~ .,-,,_ _~: .:-. :~~:-r.';;. . ,-:-,~ '~::j';t::;':-:- Page 40f4 Wednesday, January 10, 2007 Agenda Item No. 98 March 13, 2007 Page 8 of 16 MEMORANDUM DATE: February 12,2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COUNTY GOV PRODUCTIVITY COMM COMMISSION DISTRICT Neno Spagna 3850 27th Avenue, S.W. Naples, FL 34117 5 eX ~ Michele Ellis Harrison 16622 Cortona Lane Naples, FL 34110 Georgia A. Hiller 153 North Street Naples, FL 34108 Thank you for your help. .,-......,.....,',\/'....:0->'.,'., <i't_ Page 1 of 1 Agenda Item No. 9B March 13, 2007 Page 9 of 16 filson_s From: Neno J. Spagna [neno@naples,net] Sent: Wednesday I February 21, 2007 9: 1 0 PM To: filson_s Cc: Neno J. Spagna Subject: Vacancy on Productivity Committee Dear Sue: By now Mike Sheffield has probably notified you that the Productivity Committee did not recommend me to the Board to serve on its Committee. This being the case, I would request that my name be withdrawn from further consideration by the Board. I understand that the Board may appoint a Charter Committee to review the desirability of creating a charter for Collier County. If this happens, I will volunteer to serve on it. Thanks again for all the help you gave me in applying to serve on the Productivity Committee. Thanks again, best wishes, Neno 2/22/2007 MEMORANDUM Agenda Item No. 9B March 13, 2007 Page 10 of 16 DATE: February 12,2007 TO: Mike Sheffield, Assistant to thej0 Manager Sue Filson, Executive Manager \ Board of COWlty Commissioners 1 FROM: RE: County Government Productivity Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Neno Spagna 3850 27th Avenue, S.W. Naples, FL 34117 Michele Ellis Harrison 16622 Cortona Lane Naples, FL 34110 Georgia A. Hiller 153 North Street Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application filson_s Page I of2 A:Jenda Item No. 9B ~ f'v1arch 13, 2007 Page11of16 From: Neno@naples.net . Sent: Monday, January 29,20078:10 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 1/29/20078:10:19 PM. Name: /Neno J. Spagna, DPA, AICpj Home Phone: /239-455-21681 Home Address: ~850 27 Avenue swj City: lNaple~ Zip Code: ~ Phone Numbers Fax: I Business: I It e-Mail Address:lNeno@}naples.ne~ Work Place: !city of Naples, Florid~ How lon~ have you lived in Collier County: !more than 151 Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !county Government Productivity Committee! Category: /Not indicated! Do you currently hold public offfice? ~ . ast member Collier County Rural Lands Area Assessment Oversight Committee Past ember and fIrst chairman of the Golden Gate Fire and Rescue District Advisory ommittee Past Member and Chairman of the Collier County Airport Authority Past ember and Chairman of the Collier County Water and Wastewater Authority Past ember Collier County Fair Board. Past Member Collier County Citizens Advisory ommittee, Evaluation and Review Committee, Collier County Growth Manapement Do you currently or ever served on a Collier County Board or Committee? ~ 1/30/2007 .t --4f -- Advisory Board Application Page 2 of 2 Agenda Item No. 98 March 13, 2007 Please list our communi activities: Page 12 of 16 olden Gate Citizen of the Year, 2004 Past President of the Golden Gate Estates Area ivic Association Past member City of Naples Fleischmann Park Steering Committee, hairman of the Program Committee Past Trustee, International College Foundation, c., International College Organizer and founder, Naples-International College Rowin lub (Naples Rowing Club.). State certified Guardian Ad Litem (inactive at this time). ast President, Saint Vincent De Paul Society, Naples Council. Past Member Golden ate Architectural Review Board. Education: octor of Public Administration, Nova University, July 1977. A.S. degree in Urban anagement and Administration, Manatee Junior College (Manatee Community ollege), May 1975. Graduated Summa Cum Laude, class rank of5 out of535 raduating students). Masters degree in Urban and Regional Planning, Universidad del alle, Cali, Colombia, S.A., June 1966 (Organization of American States Scholar). MS . Geography, Univ. of Tennessee, March 1954 BA in Biology, Univ. of Miami, Coral ables, Fla., February 1951. Grades 9 through 12, Valparaiso H.S., Valparaiso, Indiana. rade 8, St. Paul's Parochial School, Valparaiso, Indiana. Grades 1 through 7, Wheeler S, Wheeler, Indiana. 1/30/2007 filson_s Page 1 of2 Agenda Item No. 98 March 13, 2007 Page13of16 Advisory Board Application -- From: mharrison@gatesmcvey.com Sent: Thursday, January 25,20078:23 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 1/25/20078:22:33 PM. Name: !Michele Ellis Harriso~ Home Phone: ~39-593-00411 Home Address: 116622 Cortona Lan~ City: lNaple~ Zip Code: IElill Phone Numbers Fax: ~39-449-49151 Business: t239-580-988~ _ e-Mail Address:lmharrison~gatesmcvey.coml Work Place: pates McVey Capital Group! How lon~ have you lived in Collier County: Irnore than 15\ Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: ~roductivity Committe~ Category: !Not indicate~ Do you currently hold public offfice? ~ !Alternate on Affordable Housing! Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: ~eaderShiP Collier Class of 2007 2005 Naples ,AJea Board of Realtors Greater Naples hamber of Commerce Board of Directors Current President of Collier Building ndustry Assoc. Humane Society of Naples Habitat for Humanity Board of Directors lorida Horne Builders Association Board of Directors Florida Board of Realtors Board 1/26/2007 Advisory Board Application Page 2 of 2 . f I d. . al Agenda I em No. 98 fDirectors National Association 0 Rea tors Boar of DIrectors NatIon Home Mar h 13,2007 uilders Association Pa e 14 of 16 Education: '" !Bachelor of Science, Management MBAI "-') .. 1/26/2007 Aoenda Item No. 98 ~ March 13. 2007 Page 15 of 16 From: MHarrison@gatesmcvey.com Sent: Thursday, February 15,2007 11 :26 AM To: SheffieIdMichael Subject: RE: Important-Please email information to me Mike Below is the information as I presented it in the online application. I printed it out from the application, but was unable to read it all. This may not be the same, word for word. Experience/Background Vice President of Sales, Gates McVey Capital Group and broker for Gates O'Alessandro & Woodyard, LLC. Responsible for management of sales operations for billion dollar real estate and development company. Staff of 30 as well as 32 transactions specialists. Past President of the Naples Area Board of Realtors with 5,500 members and presently President of the Collier Building Industry Association which has 1400 business members. Prior career experience has been in sale and marketing management for some of the largest development companies in the market as well as the start up and management of my own business on Cape Cod. Michele Harrison Vice President of Sales Gates McVey Capital. LLC. ]2810 Tamiami Trail North Naples, FL 34] 10 (T) 239.2]6.4257 (F) 239.449.4915 (C) 239.580.9889 mharrison@gatesmcvey.com hltp:' 'w""w. gatesmcvey .com Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34J J2 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 98 March 13, 2007 Page 16 of 16 Application for Advisory Committees/Boards Name: Georgia A. Hiller Home Phone: 239-593-9103 Home Address: 153 North Street Zip Code: 34108 Fax No.: 239-431-5189 e-mail address: !!eor\:iahiller(@comcast.net Place of Employment: Attorney - Self Board or Committee Applied for: Productivity How long have you lived in Collier County: 10-11 Years Are you a registered voter in Collier County: Yes Do you currently hold public office? No Have you ever been convicted of any offense against the Law? No Do you now serve, or have you ever served, on a Collier County board or committee? No Please list your community activities: Vice President - Pine Ridge Civic Association Vice Chair - Pine Ridge Drainage Committee County Volunteer Education: B.B.A. - International Business B.S. - Accounting M.B.A C.P.A. J.D. Languages: English, French, German, Czech, Hungarian-limited. Experience: Big 6 Public Accounting - Auditor - Government and Banks Nonprofit - CFO Attorney - International and Complex Financial Transactions PIMSe tlttJu:h /IIU' 1IIIdiDo1I. iIIfo~" you fed pertiIImt. This IIpplictdioII &ht1lll4 N fo....med III Sue F"rbtJlI, ~ MtmqB III the Board ofCfJlllUy Collfllfi&&iollos, 3301 Elm TturrUuIIl Tndl, Ntq1/e$, FL 34112. 1fJ'Dfl wtrll, pleaufllXyt1IITllppiU:tlJ/mlto (239) 774-3602 Dr e-moil to suefils(IIIiQ;Colliery(JI.. net. ThQllk you for volunteerillg to se",e the citkem of Collier Cormty. EXECUTIVE SUMMARY Agenda Item No_ 9C March 13, 2007 Page 1 of 8 ,,- APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term expiring on October 5, 2007, to the Golden Gate Beautification Advisory Committee. CONSIDERATIONS: The Golden Gate Beautification Advisory Committee has 1 vacancy due to a resignation. This 5 member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing district which was formed for the putpose of beautification and maintenance oflandscape improvements within the road right of way as described by ordinance boundaries. Terms are 4 years. A list of the current membership is included in the backup. Ginger Martin resigned on January 18,2007. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY .ill[[ ELECTOR ADV. COMM. None Michael V. McElroy Precinct #323 W/I MSTU COMMITTEE RECOMMENDATION: Michael V. McElroy FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: 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: MARCH 13, 2007 .-- Agenda Item No, 9C March 13, 2007 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9C Appointment of member to the Golden Gate BeautificatIon Advisory Committee :~/13{2007 9:0000 AM Prepared By Sue Filson Board of County Commissioners Executive Manager to the Bee Date BCC Office 2/26/2007 1 :41 :32 PM Approved By James V. Mudd Board of County Commissioners County Mana.ger Date County Manager's Office 2/23120074:55 PM Agenda Item No. 9C March 13, 2007 Page 3 of 8 ~ TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: February 22, 2007 SUBJECT: Golden Gate Beautification MSTU Recommendation to the Board for filling vacant position. The Golden Gate Beautification MSTU has received and reviewed one application by the prescribed deadline for its vacancy due to a resignation. The applicant was evaluated based on the potential contribution to the Committee. The applicant represents Precinct #323, meets the criteria required to be eligible and resides within the MSTU's district boundary. The Committee recommends the following applicant for appointment to the vacant term as indicated below. TYPE OF NAME APPOINTMENT Michael v. McElroy Resignation - New TERM EXPIRES FIELD OF EXPERTISE/CATEGORY 10-06-2007 Resident of Naples 16+ years. Presently works at the NCH Medical Plaza. Background - Graduated from High School, too College courses through work. 10+ yrs in under- ground utilities; public & private plant operations Director, Facilities Maint. Director Building Mgr., Director of Security, Director of Housekeeping. Please let me know if you need additional information. Transportation Services Division Alt. Transportation Modes Department Agenda Item No. 9C March 13, 2007 Page 4 of 8 (- Golden Gate Beautification Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Ginger Martin .,eJ. 455-1654 12/14/04 10106/07 3 Years ~r' 455-1654 5040 31st Avenue, s.w. 1 Naples, FL 34116 ,A\,I) J E-Mail: XTRMOM@ao1.com District: 3 Category: Precinct 326 Ms. Barbara Segura 821-3601 12/17/02 10106/06 4 Years 2343 41st Terrace, S.W. 348-8863 10/24/06 10/06/10 4 Years Naples, FL 34116 E-Mail: segura515@cs.com District: 3 Category: Precinct 325 Mr. Richard Sims 597-4675 03/22/05 10/06/06 1.6 Years 5391 19th Place, S.W. 455-7062 10/24/06 10/06/1 0 4 Years ~ Naples, FL 34116 E-Mail: jobnsonsaircondinc@earthlink.net District: 3 Category: Precinct 323 Ms. Patricia Spencer 03/11/03 10/06/05 2 1/2 Year 5401 25th Place, S.W. 304-6886 09/27/05 10106/09 4 Years Naples, FL 34116 E-Mail: District: 3 Category: Precinct 326 Ms. Margaret Harris 262-1202 05/09/06 10/06/09 3 Years 2309 Hunter Boulevard 732-7349 Naples, FL 34116 E-Mail: scrapironlaw@yahoo.com District: 3 Category: Precinct 323 ( 'r;;;;;;:Sd;;;,"'()';;;;;;:'25:720(/;""",",C":"_:=---":'""~"~""eJC'Tc""",;w;,m"""'.~mc;,p:;;']'~71':' ~:,-,,,,""": ',.:' '. ,,,,""""."".,,,,,,,,,,,.,."'",,"""''''''' (~ ( '----- c__ Golden Gate Beautification Advisory Committee Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term Agenda Item No. 9C March 13, 2007 Page 5 of 8 This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. The committee shall prepare an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. Amended on September 3, 1996, by Ord. No. 96-50 and 96-51. Precincts are 323, 324, 325, 326, 327, and part of 322. Terms are 4 years. FL STAT 125.01 . Staff: Liz DeLeon, Transportation Operations Coordinator: 417-6081 ft"c :.:'~~tt:::-;.J<...~...2i:i1;ti,- ~.'__:7;l-_~~:':::-':Y;"-.oC.-:~:3:;::,.'V''':~~:;:<: ~ '-~~~~-::;;';',"':7_--_~:';if...-. -. -;-\:'7;",;;:,~~~'-;-;_:_~-:;::.::::7."-:?","_.:;r~\;-~.;s;::~2'7~_:: Wednesday, October 25, 2006 Page 2 -,.~ Agenda Item No. 9C March 13, 2007 Page 6 of 8 MEMORANDUM DATE: February 12, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissione 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. GG BEAUTIFICATION ADVISORY COMM COMMISSION DISTRICT Michael V. McElroy 1811 51st Terrace, S.W. Naples, FL 34116 3 Thank you for your help. ...-..., rr.-.--". rr~ r~') MEMORANDUM Agenda Item No. 9C March 13, 2007 Page 7 of 8 DATE: February 12,2007 TO: Tessie Sillery, Transportation FROM: Sue Filson, Executive Manag Board of County Commissioners RE: Golden Gate Beautification Advisory Committee As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Michael V. McElroy 1811 51st Terrace, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please include in your return memo the attendance records of the applicants recommended for reappointment. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments " ~ 01/09/2007 11:22 2395433649 01/23/2987 09:53 12397743602 GRAHAMSOUTHFLORIDA ~ tFF'ICE PAGE 01/01 Agen~m~o. 9C Marcn 1':3~ 2007 Page 8 of 8 Board or CoUDty Com.miJskmen >>tl ~ T___ T.... N...... n.. 34111 (23.9) TU-aOJr Put (2D) 77"'360:& Application for Advisory CommitteeslBoardJ _ tUir~CI.1J1&ji'Uf .....- J.D :-,.['9' cfo __:J!11 ~l){S\f 7e.Nr.e~ 4w' ~c.de: ~ 7<11/' PuNo. GC/3 ...3,Q<; .....I'hoM1~f(/-I1{JI e-md....:~cSletJ~ .eM. Ptue a!~7O*lt: Boerd... c.,.**- ApplIed for. 6. (j. U ~ L . ~ (i"PPIi~Ic):~1M f,.r.~ (' ~~. ~ ("1 111' 'IP"......... . ~~..,........... u- in....... yea ...... c.... C~ty~ y..... I b M.-s , ~ Are)'M. ~ -Iter" CeIIier Couaty; Yet ~ No Po yOII C1lI'nIItI1.... pablk ....1 v. No ~' It-. WIIlIt.am.., J Have Y08 efti' bell coavkted 01.., otl'.... apiD. die L."1 Yl:S If,..... _ Do,.. 11ft ~ or bw,.. .... .......... c.... CMcItJ ........~, y.. U)'tI, ,..... lit tile ........".,. ,N9 ~' "* .,/"' ........ YVW''''''''''' .Mho...<......,. .....bo....... .....a..... lite. aDd .-11.... beIcl: ,.. W.d.~ 1-/.(1'" ~<\(" J.oo( i CA:.ltt"i e,. f"..41r..a--J''-' ~I(- ,...............,.- I" 1M""''''''''''''' '"* '[~ 'fM....",,,.~~$w,.,,,.,,.....,,,,iti-iiii;;,;-"- "'d__f/f~c. . ~ r...JNI...r...,.....~I".t.ullt.l/,..wIi4"..,,,.,..,1JJi fi lit flJIJ.,.,.,.,........ - -... 1-"'-' ....~Jw' rrr'u....__......,~~ EXECUTIVE SUMMARY Agenda Item No. 90 March 13, 2007 Page 1 of 18 ",.,,""'" APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTHORITY OBJECTIVE: To appoint 2 members to fulfill the remainder of a vacant terms: 1 expiring on August 10, 2007, plus a full 4 year term expiring on August 10, 2011, and 1 expiring on August 10, 2009 to the Collier County Airport Authority. CONSIDERATIONS: The 7 member Airport Authority was created on June 22, 1993, by Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities ofImmokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. Robert E. Doyle, Jr. resigned on January 25, 2007. A press release was issued and resumes were received from the following 3 interested citizens: ,"'-'h APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Michael Klein Management, Economics & 5 Yes None Engineering/Everglades Resident David R. Gardner Construction, Engineering & 1 Yes None A viation/Marco Is land Resident Monte Lazarus Law, Economics/Marco Island 1 Yes None Resident COMMITTEE RECOMMENDATION: Quasi-Judicial: no recommendation NOTE: According to the current Airport Authority Ordinance No. 2004-06 at least one of the appointments shall be from Marco Island. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. ,.- Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MARCH 13, 2007 Agenda Item No. 90 March 13, 2007 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9D Appointment of members to the Collier County Airport Authority 3/1312007 900:00 AM Prepared By Sue Filson Board of County Commissioners Executive Manager to the Bee Data BCC Office 2/2612007 1 :41 :32 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2/2612007 9:46 AM ~~1 AlRPo~ ~~ ~..,~ COLLIER COUNTY AIRPORT AUTHORITY {lj ~ 2005 Mainsail Drive Ste. 1 ::J ~ ~ Naples, FL 34114-8955 a ::; (239) 642-7878 c;I ~ Fax (239) 394-3515 www.collieravlation.com February 20, 2007 RECEI\/ED p.r;::.r -, .', ').DO- Cl.> i. ,', { Sue Filson, Executive Manager Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 ({(<r:lff'i f~';: C')U"t\' (.(:rr:1l1i~$iOner~ Dear Sue, RE: Airport Authority Board The Collier County Airport Authority has reviewed the applications for the above- referenced Board, and has concluded that the following applicants are qualified to serve as members on the board. Applicant Michael Klein Area( s) of Expertise Management, Economics and Engineering, Everglades Resident David R. Gardner Construction, Engineering and Aviation Marco Island Resident Monte Lazarus Law, Economics Marco Island Resident Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport Authority. Thank you. (.....f( (-. (- , , \. \.. LCJ.<L./ Theresa Cook Executive Director o Marco Island ExecutIve Airport 2005 MainsaIl Drive Ste 1 Naples FL 34114-8955 (239) 394-3355 (239) 642-5427 Fax. o Immokalee Regional Alrpoirt 165 Airpal1<. BoLllevard Immokalee. FL 34142 (2391657 -9003 (239)657-9191 Fax D Everglades Airpark PO 8ox889 650 E_C. Alrpar1-\ Road Everglades City FL 34139 (239) 69~2778 (2391 159~3556 Fax ,(-'" '-:;~:;:,:u.~4.;:r~'.':~l!::fr~,'..':':.::;: ::sur'P.."J;:";m"~:~'c__:c;,~;';:.'_:,-,~':,'3)i,n'!<;.;.';.l>','="':-;-;,;>,,,...-'_;:;e...,::~';':~'!i-:":,<~~-",".:.r~;':~- !~:~':'.M,r~_~~,',;7,M:>'=!'~;~\,:':~' -':~',:-__,:_~'~:.r. Thursday, October 26, 2006 Page 1 of 3 r' (~ Airport Authority Agenda Item No. 90 March 13, 2007 Page 5 of 18 Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term - Mr. James A. Peterka {9Af\"'61. 768-4486 05/13/03 11 01 Edington Place r ~~.1 0 1 389-4262 09/13/05 Marco Island, FL 34145 I E-Mail: jimpeterka@comcast.net District: 1 Category: Public Affairs, General Business, Aviation Mr. Eugene J. Schmidt 383 Harbour Drive, #205 Naples, FL 34103 E-Mail: emaill@mindspring.com District: 4 Category: Aviation 642-7878 09/08/98 263-3444 12/15104 ~.~'f::~Z:;:;-e:.;~..<:;-,-.'__::- - -",=~'\.m;_~"~~?r-~~vit:.":,,,~~;,-,c, -~. ';-"_-'';.~:~,":;-.r.,,:-:sr,': ':-;,.,;:<.y:,~:c:~' Thu~diY, Odo<b~ 26;2006 -' ..' Page 08/1 0105 08/10109 08/1 0/99 08/1 0/07 2 Years 4 Years 1 Year 3 Years Agenda Item No. 90 March 13, 2007 Page 6 of 18 ( Airport Authority Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which. by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee. Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. Tom Palmer. County Attorney 774-8400 Board meets 2nd Monday of each month FL STAT 330 & 333 . Staff: Theresa M. Cook, Executive Director, Airport Authority: 642-7878 (':-. 'Tft;;;Sd;:;,Od::b:r;;."26,""i"006=-"="""'TXC-c",.."".""".,..,..,,,.,," ..".",,"',.,..,.,.,,"'. ,.P~;~"3~J'J' .:C.'. .."'....'..'"i';;..._'"1"""':"~0."'...7c..". "."""" Agenda Item No. 90 March 13, 2007 Page 7 of 18 MEMORANDUM DATE: February 12,2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners. 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. AIRPORT AUTHORITY COMMISSION DISTRICT Michael Klein 208 Allen Avenue - P.O. Box 5025 Everglades City, FL 34139 5 David R. Gardner 817 Giralda Court Marco Island, FL 34145 I Monte Lazarus 222 Wayerway Court, #202 Marco Island, FL 34145 ) Thank you for your help. "', '-, 'r.' ';' ~ '--.'.1;' . ' , ; ), ~ .;'. ~' :' ;: 1..-; i .:i MEMORANDUM Agenda Item No. 90 March 13,2007 Page 8 of 18 TO: February 12,2007 Theresa M. Cook, Airport AUth~. ecutive Director Sue Filson, Executive Manager " Board of County Commissioner Y DATE: FROM: RE: Airport Authority 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: Michael Klein 208 Allen Avenue - P.O. Box 5025 Everglades City, FL 34139 David R. Gardner 817 Giralda Court Marco Island, FL 34145 Monte Lazarus 222 Wayerway Court, #202 Marco Island, FL 34145 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the authority, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Advisory Board Application filson_s Page 1 of2 Agenda Item No. 90 March 13,2007 Page 9 of 18 -_._._"~--~".."-~-~._----_.,_.__.._~---.~._-----------"~--------, From: nfn 19842@naples.net __ Sent: Monday, January 29,20071:15 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 1/29/20071:15:24 PM. Name: /Michael Klein! Home Phone: ~39-695-05951 Home Address: tz08 Allen Avenue - P.O. Box s02s1 City: !Everglades Cityj Zip Code: ~ Phone Numbers Fax: I Business: ~03-3ss-64291 _ e-Mail Address:/nfn19842(Q}naples.ne~ Work Place: ISel~ How lon~ have you lived in Collier County: [IQI Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? Iy e~ Board 1 Committee Applied for: !Airport Adviso~ Category: !Not indicated! Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . ation Education: lBSc. Management & Economics: AAS Electronics: Paralegal certification: H&R Block 1/29/2007 Advisory Board Application Page 2 of 2 em No. 90 Sc. Management & Economics; AAS Electronics; Paralegal certification; H&R BMe h 13, 2007 ncome Tax Pa e 10 of 18 ., J ~ 1/29/2007 - Board of County Commissioners 330] East Tamiami Trail ""aples, FL 341]2 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 90 March 13, 2007 Pa e 11 of 18 , Application for Advisory Comlnittees/Boards Name:_David R. Gardner 642-4410 Home Phone: _(239) - Home Address:817 Giralda Court_Marco Island FL Code: 34145 Zip Fax No .(239) 642-4410 address: _ annedavid 1@earthlink.net Business Phone(239L289-5862 e-mail Place of Employment: Inc. CEO Dave Gardner Contractor and Supply Board or Committee Applied for:_Collier County Airport Authority, Marco Island representative Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. . How long have you lived in Collier County: Years_5 Months 1 Are you a registered voter in Collier County: Yes XXX ~o Do you currently hold public office? Yes If so, what is that office? No XX Have you ever been convicted of any offense against the Law? If yes, explain: Yes No XX Do you now serve, or have you ever served, on a Collier Count)' board or committee? Yes If yes, please list the committees/boards: No _XX Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:_ Past President Kiwanis Club of Bourne, MA, Past President of Marco Island Lions Club,_MICA member, member/officer Marco Police Foundation, Airport Support Network appointee of Aircraft Owner's and Pilot's Association to Marco Island Airport._Past Commander of Mass. Wing, Civil Air Patrol, U. S. Air Force, with rank of Colonel. Member of Marco Island Post of Veterans of Foreign Wars._Past member Society of American Military Engineers. Member of Southeast Mass. Police Chiefs Assoc. . Education: Bourne, MA high school, trade associated schools Experience:_1948-1950 construction work. 1950-1953 combat medic Korean war. 1953-1967 police officer "" -) ~ Agenda Item No. 90 March 13, 2007 Bourne, MA. 1967-present CEO of Dave Gardner Contractor and Supply Page 12 of 18 Inc. Construction, repair and maintenance of pre-engineered buildings_and systems including offices, warehouses, aircraft hangers, maintenance facilities, etc. Highway and taxiway construction. Underground_ utility installations including taxiway lighting, power and control wiring, water and wastewater systems. Design, construction and operation of air-sparging/soil venting project for removal of 70,000 gallons of jet fuel 100 ft below ground_for U. S. Air Force. Installed ILS system for U.S. Air Force._InstaUed weather radar for U. S. Weather Bureau. Projects including roofing, industrial painting, construction and rehabilitation of buildings for many government agencies including Defense, Post Office, HUD, National Park Svc, Veteran's Dept., Interior Department. 4,000 hour pilot w/multi-engine and instrument ratings. Please attach any additional information you feel pertinent. This application shauld be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34Jl2. lfyou wish, please fax your application to (239) 774-3602 or e-mail tosllefilson(ii.co//ierI!OI..net. Thank you for volunteering to serve the citizens of Collier County. Advisory Board Application Page 1 of2 Agenda Item No. 90 March 13, 2007 Page 13 of 18 filson_s - From: bengoshi@marcocable.com Sent: Thursday, January 25,200710:06 PM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 1/25/2007 10:06:25 PM. Name: /Monte Lazaru~ Home Phone: 1239-394-41041 Home Address: 1222 Wayerway Court #2021 City: /Marco Island/ Zip Code: 1341451 Phone Numbers Fax: 1239-394-41021 Business: ~39-394-4104I _ e-Mail Address: !bengoshi@)llarcocable.comj Work Place: /Monte Lazarus, Attorney at Lav.1 How lon2 have you lived in Collier County: !more than 151 Have you ever been convicted of any offense a2ainst the law? ~ Are you a registered voter in Collier County? Iy e~ Board / Committee Applied for: !collier County Airport Authority/ Category: !Not indicated/ Do you currently hold public otTfice? ~ !collier County Airport Authority Collier County Code Enforcement Board! Do you currently or ever served on a Collier County Board or Committee? ~ - Please list our communi activities: oard of Directors, Lorenzo Walker Institue Foundation Marco Island Planning oard Marco Island Charter Middle School Board of Directors Education: 1/26/2007 - ...I Advisory Board Application Page 2 of 2 Agenda Item No. 90 !university of Wisconsin, B.A. Economics (cum laude) Yale Law School, J.D.I March 13, 2007 Page 14 of 18 -, 1/2612007 . . . PRE S S Agenda Item No. 90 March 13, 2007 Page 15of18 R E LEA S E FOR IMMEDIATE RELEASE June 23, 1993 The Collier County Board of Commissioners is seeking applications for positions on the newly established Collier County Airport Authority. This 7 member Authority was established by Ordinance No. 93-36. The Authority shall be responsible for the construction, enlargement, improvement, equipment, operation, maintenance, and regulation, as authorized by the ordinance, of the three airports located in or about Immokalee, Marco Island, and Everglades City, in Collier County, Florida. At least one member of the Authority shall be appointed from each of the communities of Immokalee, Marco Island, and Everglades City, if a qualified candidate who resides within the respective area is available for appointment to the Authority. Members of the advisory committees must be residents and electors of Collier County. Residents interested in applying for the advisory committee positions are requested to submit a letter and brief resume to the attention of Mrs. Sue Filson, Administrative Assistant, Board of County Commissioners, 3301 Tamiami Trail East, Naples, Florida 33962. The deadline for acceptance of resumes is July 16, 1993. # # # ---- ..- ; 'I '; Agenda Item No. 90 March 13. 2007 Medi<!tfa~~ ~iY.a~~n 1395 Panther Lane. Suite 300 Naples, FL 34109-7874 -- DOYLE CONFLICT RESOLUTION, INC. Office 239.434.4954 Mobile 239.293.5031 Fax 239.263.6104 RDoyle@DoyleResolution.com .www.DoyleResolution.com January 25, 2007 Stephen Price, Chairman Collier County Airport Authority c/o Florida Community Bank 1400 15th Street North Immokalee, FL 34142 :t", :?,,;.:- ';. ;~ ~~.. .' '" '.:~ i'-, .. ~ "' "\.; ~vJ2.._.- RE: Collier County Airport Authority Dear Chairman Price: I write to tender my resignation as a member of the Collier County Airport Authority Board. It has been my pleasure to serve the Authority and the citizens of Collier County as a member of the Board, including my two terms as Chairman. Because of community and business commitments, I can no longer devote the time necessary to Board responsibilities. Collier County is fortunate to have citizens who give so freely of their time and talents as do the members of the Airport Authority Board. It was an honor to serve with members who always put the interest of the community first. Never once, as a member of the Board, did I see any member make any comment or take any action that was for personal gain and I am proud to have served with you. The Collier County Airport Authority is poised to move to a new level with the development of Florida Tradeport and I will follow your progress with great interest. Although I would like to be relieved of my responsibilities as soon as possible, I realize that the Board is short a member as a result of the resignation of Jim Peterka Therefore, I am willing to continue my service until a replacement can be made by the Board of County Commissioners. RED/mr . Agenda Item No. 90 March 13,2007 Page 17 of 18 Stephen Price, Chairman January 25,2007 Page Two cc: Collier County Board of County Commissioners Commissioner Frank Halas, Chairman Commissioner Jim Coletta, Vice Chairman Commissioner Fred W. Coyle Commissioner Donna Fiala Commissioner Tom Henning Collier County Airport Authority Board Richard Schmidt, Vice Chairman Theresa Cook, Executive Director Jim Peterka, Secretary Gene Schmidt Byron Meade Harold Mays Tammy Nemecek, President Economic Development Council of Collier County Agenda Item No. 90 March 13, 2007 Page 18 of 18 James A. Peterka 1101 Edington Place Marco Island, Florida 34145-2000 ~_-'L Voice/Fax: 239.389.4262 e-mail: jimpeterka@comcast.net January 4, 2007 The Honorable Donna Fiala Collier County Government Complex Administration Building, Third Floor 3301 Tamiami Trail E. Naples, FL 34112 Dear Commissioner Fiala: It is with sadness that I request you approve my resignation from the Collier County Airport Authority Board, effective immediately. As you are aware, I was diagnosed with ALS, also known as Lou Gehrig's disease, shortly after I was appointed to fill the vacant Marco Island Board position. My condition has deteriorated to the point that I can no longer adequately perform my duties and responsibilities. It has been an absolute pleasure working with you and the other members of the County Commission and staff, the County Manager and his staff, Teresa Cook and the employees of the Authority and especially the other members of the Board. Together we have made many positive changes to the County's Airports, but more importantly, to the perception of the management of these airports by the citizens of Collier County. Thank you for your confidence in me and the other members of the Board, and I wish you all well. Sincerely, I!!:. Peterka ce: The Honorable Frank Halas The Honorable Jim Coletta The Honorable Fred W. Coyle The Honorable Tom Henning Ms. Teresa Cook bee: Ms. Sue Filson EXECUTIVE SUMMARY Agenda Item No. 9E March 13, 2007 Page 1 of 11 ,....- APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: To appoint 1 member representing the Technical category to fulfill the remainder of a vacant term, expiring on April 13, 2010, to the Environmental Advisory Council. r- CONSIDERATIONS: The Environmental Advisory Council has 1 vacancy due to a resignation. This 9 member, (plus 2 alternate members) council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 10.02.02 A of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Conceml Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Alternate EAC members will be requested to attend meetings when regular EAC members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacing a regular member. Alternate members must be technical members that can demonstrate expertise in environmental protection and natural resource management. Terms are 4 years. A list of the current membership is included in the backup. James Gregory Harcourt resigned on February 8, 2007. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. None None Llewellyn Williams Richard W. Miller Technical Technical COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners consider the requests 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: MARCH 13, 2007 Agenda Item No. 9E March 13,2007 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9E Appomtment of member to the EnVIronmental AdvIsor)' Council. 3/13/2007 900:00 AM Prepared By Sue Filson Board of County Commissioners Executive Manager to the BCe Date Bee Office 212612007 1 :41 :32 PM Approved By Leo E. Ocho, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 3/1/20074:06 PM Agenda Item No. 9E March 13, 2007 Page 3 of 11 Memorandum To: Sue Filson, Executive Manager, BCC From: Summer Araque, Senior Environmental Specialist - Environmental Services Department Cc: Barbara Burgeson and Susan Mason, Environmental Services Dept. Date: February 28, 2007 Subject: EAC applications I have reviewed the applications from Llewellyn Williams, PhD and Richard W. Miller for the vacant EAC positions. The following is a brief outline of each applicant's qualifications. The applications, email and brief telephone conversations were used to provide the following information. Llewellyn Williams, Ph.D. is a qualified technical applicant Currently serves as a consultant to the U.S. EPA. She has a Bachelor's degree in Zoology (minor in Chemistry) from Drew University. She also has a Doctor of Philosophy in Aquatic Ecology from Rutgers University. Or. Williams had a 28 year career with the U.S. EPA as a senior scientist in areas of eutrophication, biological method development, quality assurance, environmental measurement and monitoring. She also has over 100 peer-reviewed publications in the areas of eutrophication and nutrient dynamics, environmental measurement technology, and sampling design. Dr. Martin has had Instructor and Professor level academic positions at Rutgers University, Fordham University, and University of Nevada teaching environmental science, limnology, phycology, and ecology. Since retirement, Dr. Martin has run workshops for the Director General of the Environment in Malaysia. She has lived in Collier County for 3 years and is currently involved in the community as a docent at the Nature Discovery Center and as an independent scientific contributor to the Gulf of Mexico Alliance. Richard W. Miller is a qualified technical applicant He has a Bachelor of Science in Civil Engineering from the University of Illinois. He also has a Master-of-Arts degree from the University of Illinois in an environmental affairs and administration curriculum that covered environmental history, chemistry, geography, laws. He is licensed as a Professional Civil Engineer in FL, IL, CA, and as a Structural Engineer in IL. Mr. Miller has 35 years experience as a practicing geotechnical engineer. His academic background includes hydraulics and hydrology, water and wastewater treatment, and engineering geology. As a practicing civil engineer he was responsible for the design of projects, including, on occasion, permitting through local, state and federal agencies. He performed wastewater testing for compliance with discharge standards, wrote environmental assessments and impact statements for transportation projects and communication towers. The last few years of his employment he specialized in consulting with railroads, a practice that included design and permitting for environmental cleanups and new facilities (including fueling stations and intermodal facilities) railroad relocation thru agricultural areas and woodlands. Mr. Miller retired from full- time practice in 1998, but is still employed part-time as a special consultant on railroad projects. Call me at 530-6290 if you have any questions. Thank you very much. Environmental Services Department Community Development & Environmental Services Division Agenda Item No. 9E March 13, 2007 Page 4 of 11 ( Environmental Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. James Gregory Harcourt 649-3339 04/25/06 04/13/1 0 4 Years 547 Huntington Drive ~ ~ 254-8742 Naples, FL 34109 re.s161"~v1l1 E-Mail: drharclourt@ao1.com ~ District: 2 Category: Technical- Geology Ms. Judith M. Hushon 04/13/04 04/13/08 4 Years 1659 Chinaberry Court 643-6222 Naples, FL 34105 E-Mail: judyhushon@aol.com District: 4 Category: Technical - Biology Mr. Nick Penniman 04/12/05 04/13/09 4 Years 611 Portside Drive 261-7292 Naples, FL 34103 E-Mail: ngpn@ao1.com District: 4 Category: Technical-Environmental Mr. WilliamW. Hill 11/29/05 04/13/10 4+ Years 5928 Cranbrook Way, D205 774-4412 Naples, FL 34112 E-Mail: billhill44@aol.com District: 1 Category: Technical - Professional Engineer Mr. Roger Jacobsen 213-7121 01/09/07 04/13/11 4 Years 146 San Salvador Street 642-9618 Naples, FL 34113 E-Mail: Ijacobsen@naplesgov.com District: 1 Category: Non-Technical ~,:,':;S;:'~-"~::'f:::'""~C~~:}:~:..",:.:'1~~'::'':'.',~$'<.+~;;;:;:,~~""',~:;:!.-,~:..;;~"~'i"T~Z'iK ';-I.'::::;':~.G;~;::':;'.",.': ,-,,;:,,::::.,.;g.,;~ ::i~:)lt.:;;..~~,,'.:':~:.,:,!,,:_.~~~:~;~ Wednesday, January 10, 2007 Page 1 of3 Agenda Item No. 9E March 13, 2007 Page 5 of 11 /--'-. Environmental Advisory Council ( Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William W. Hughes 435-1188 04/13/03 04/13/07 4 Years / 4501 Rosea Court 435-3923 Naples, FL 34104 E-Mail: hughesco@earthlink.net District: 4 Category: Technical-Water Treatment & Hazardous Waste Mr. Terrence Scott Dolan 498-8533 06/14/05 04/13/09 4 Years 581 19th Street. N.W. 455-5777 Naples, FL 34120 E-Mail: terreydolan@wcicommunities.com District: 3 Category: Technical-Land Use Planning Mr. Michael V. Sorrell 353-5932 06/11/02 04/13/03 10 Mos. ,,/ 2335Wilson Boulevard, N. 571-7781 04/13/03 04/13/07 4 Years r'- - ( Naples, FL 34120 E-Mail: www.colliersportsman@hotmail.com District: 5 Category: Non-Technical - Owner Lawn Service Mr. Lee Horn 287-5044 01/11/05 04/13/08 3 Years 2225 Malibu Lake Circle, #621 287-5044 Naples, FL 34119 E-Mail: sportslem@ao1.com District: 3 Category: Non-Technical - Business Finance and Marketing ( ';.;r,:,: .c--'r;-1'::~-;..:~_~.:;:::;:':~"$:'_ -.--,~~;::--:-_:1....~ ,:;i.;~;':.:::C:-.-1.~4'l'W-.;.::.,-~,~.. ~,~.::~':>:;.:s;. ;J:".~,-';;;-"":- Wednesday, January 10, 2007 Page of3 '-=-:~~~.~;;;m~7~:;;:::";::~:- .-~'-_-::';:m!:,c.:"'" C:';':;',_S{, Agenda Item No. 9E March 13, 2007 Page 6 of 11 Environmental Advisory Council Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County. and the review of all land development petitions which require an environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional impact (DRI). lands with special treatment (ST) or Area of Critical State Conceml Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The Board should consider a membership guideline of six (6) technical and three (3) non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management Air Quality, Biology (including any of the sub diSCiplines such as botany, ecology, zoology. etc.), Coastal Processes, Estuarine Processes. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. This is a Quasi-Judicial Committee. After initial appointments, terms are 4 years. FL STAT . Staff: SUS6f1 Mason, Senior Environmental Specialist 2'13-2~87 5t.JJ?1~r 6, fJra}ve.. $30-(;;;.90 ( l-~ ::'-'-it\:7,~::r.::-n;'-;:.-'-.:;;;:'.~::-:-':'.~7~';''';~.'~,:,,-:C;;';:;':;::;~.~;.~,;~'::.."_- ,~;.>:;'~:'$.'.'__t",~'_~~'~:;,~i:'::"',.';Ij;'..'''e~,!'lfP;o~~J;.c~: ,:--~~'!''':r:;;:;.:~;.,:f)_~~':.~::;:; ~ Wednesday, January 10, 2007 Page 3 of 3 ''''-.''''~- -.:l:a;;;"T_~~,l'JZf;e;::,.:'_ ~-;'::.{Il Agenda Item No. 9E March 13, 2007 Page 7 of 11 MEMORANDUM DATE: February 12,2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioner RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCIL COMMISSION DISTRICT Llewellyn Williams 3824 Jasmine Lake Ct Naples, FL 34119 3 o Richard W. Miller 6067 Fairway Court Naples, FL 34110 Thank you for your help. ~~r""'.~ . .~ , ,.....~ ;-,.,!!...j.:,<j;~;;..':-:::; MEMORANDUM Agenda Item No. 9E March 13, 2007 Page 8 of 11 DATE: February 12,2007 TO: Summer B. Araque, Senior Env' FROM: Sue Filson, Executive Manager Board of County Commissione RE: Environmental Advisory Council As you know, we currently have 2 vacancies on the above-referenced council. 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: Llewellyn Williams 3824 Jasmine Lake Ct Naples, FL 34119 Richard W. Miller 6067 Fairway Court Naples, FL 34110 Please let me know, in vroting within the 41 day time-frame, if the applicants are qualified to serve as members on the board, 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 -- - -- Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 9E March 13, 2007 Page 9 of 11 Application for Advisory Committees/Boards Name:_LleweUyn Williams, Ph.D. Home Phone: 239-592-9852 Home Address:3824 Jasmine Lake Ct Zip Code:_34119 Fax No._592-9852_ Business Phone:_ e-mail address: H2asllewell(iVcomcast.net Place of Employment: _Retired Board or Committee Applied for:_Environmental Advisory Committee Category (if applicable ):_Retired Science Advisor, U.S. Environmental Protection Agency_ Example: Commission District, Developer, environmentalist, lay penon, ett:. How long have you lived in Collier County: Years_2 Months _8 Are you a registered voter in Collier County: Yes _ x No Do you currently hold public office? Yes If so, wbat is that office? No_x Have you ever been convicted of any offense against the Law? If yes, explain: Yes No_x_ Do you now serve, or bave you ever served, on a Collier County board or committee? Yes If yes, please list tbe committees/boards: No_x Please list your community activities (civic clubs, neighborhood associations, etc. and positions held:_ Serve on the Board of Directors of the Naples Fishing Club, Docent to the Nature Discovery Center, Independent scientific contributor to Gulf of Mexico Alliance, _ Education:_Degrees: Drew University - Bachelor's degree in Zoology (minor in chemistry); Rutgers University - Doctor of Philo sop by (aquatic ecology) Experience:_28-year career witb the U.S. EPA as a senior scientist in areas of eutrophication, biological method development, quality assurance, environmental measurement and monitoring; Science Advisor to tbe Director of U.S. EPA's National Monitoring Laboratory; Instructor- and Professor-level academic positions at Rutgers University, Fordham University, and University of Nevada-Las Vegas teaching environmental science, limnology, phycology and ecology. Over 100 peer-reviewed publications in the areas of eutrophication and nutrient dynamics, environmental measurement tecbnology, sampling design. Since retirement - Have run multiple workshops for the Director General of the Environment, Malaysia; serve as a consultant to the U.S EPA. Pkase tIlIlU:Ir IlI9' IUIditioIUZl information you fed pertinent. This appliadion slwuh/ be forwarded w Sue FIIsoIl, Executive MtuUlIfer to tire Board of County CommissUJners, 3301 East TtUPIiami Trail, NfI/Iles, FL 34112. IfYOIl wisll,pl_efaxyour fl/lplicatiDn to (239) 774-3602 or e-mail tosudilsonra;colliet.1!(/1..net. Thank you for volunteering to serve tire citizens of Collier County. Advisory Board Application filson_s ., From: RWMCnsltg@aol.com Sent: Wednesday, January 24, 2007 11 :00 AM To: filson_s Subject: New On-line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 1/24/2007 11 :00:26 AM. Name: /Richard W. Milleq Home Phone: 1239-594-864q Home Address: ~067 Fairway Court! City: lNaple~ Zip Code: IEITQI Phone Numbers Fax: ~39-594-03141 Business: I ) e-Mail Address:IRWMCnsltg@aol.com/ Work Place: lRetired! 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: /Environmental Advisory Board! Category: !Not indicated! Do you currently hold public offtice? ~ Page 1 of2 Agenda Item No. 9E March 13, 2007 Page 10 of 11 ~ Do you currently or ever served on a Collier County Board or Committee? ~ Education: IB.S. Civil Engineering. University of Illinois. 1960; M.S. Civil Engineering. 1/24/2007 -- -- . Advisory Board Application - .,..... - otechnical and Structural Engineering, University of Illinois, 1962; M.A. nvironmental Affairs, Sangamon State University (Now University of Illinois S rin field, 1976 1/24/2007 Page 2 of2 enda Item No. 9E March 13,2007 Page 11 of 11 - Agenda Item No. 9F March 13, 2007 Page 1 of 6 EXECUTIVE SUMMARY APPOINTMENT OF MEMBERS TO THE HEALTH PLANNING COUNCIL OF SOUTHWEST FLORIDA, INC. OBJECTIVE: To appoint 1 member representing a Consumer and 1 member representing a Purchaser to serve two-year terms, expiring on March 12, 2009, to the Health Planning Council of Southwest Florida, Inc. CONSIDERATIONS: The Health Planning Council of Southwest Florida, Inc. is a private not-for- profit corporation created under Chapter 408.033, Florida Statutes. This agency deals primarily with health policy and the regulation of health care services throughout seven counties of Southwest Florida. A Consumer member is an individual who is not a health care provider or a health care purchaser. A Provider/Purchaser member is someone who delivers health services or who is a member of an organization that delivers health services. The Board of Directors meets four times per year, usually on the third Thursday of the month, for about two hours. Some Board members assume committee responsibilities as their schedules allow. A letter was received from Mr. Ed Houck, Executive Director of the Health Planning Council of Southwest Florida, Inc. advising that the term for Larry H. Ray, representing a Provider, expired on February 8,2007 and the term for Barry Williams, Purchaser, expired on February 8, 2007. Mr. Houck is requesting that the following candidates be appointed for 2-year terms, expiring on March 12, 2009. APPLICANT CATEGORY Marcy Krumbine - representing Collier County Human Services William Crone - Purchaser Consumer The membership committee is recommending the appointment of William Crone, representing the Consumer category and Marcy Krumbine, Collier Government Human Services, representing the Purchaser category to serve 2-year terms, expiring on March 12,2009. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMP ACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members to serve 2-year terms on the Health Planning Council of Southwest Florida, Inc., and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners - Date: March 13, 2007 Agenda Item No. 9F March 13, 2007 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9F Appointment of members to the Health Planning Council of Southwest Florida, Inc, 3/13/2007 9:00:00 AM Prepared By Sue Filson Board of County Commissioners Executive Manager to the Bee Date Bce Office 3/5/2007 11 :58:31 AM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 315120074:34 PM 03/05/2007 04:51 2394336705 PAGE 02/02 Agenda Item No. 9F March 13,2007 The Health Planning Council Of SOUth"lIest Florida, Inc. Page 3 of 6 8961 Daniels Center Drive, Suite 401 . Fort Myers, Florida 33912 (239) 433-6700. SUNCOM 731-6700. Fax (239) 433-6706 Sue Filson. Executive Manager Collier County Board of Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 Dear Ms. Filson: Our By-Laws state that the Board of Directors of The Health F~lanning Council of Southwest Florida, Inc. will be appointed by each county's Board of County Commissioners. The two members of our Board of Directors from CoRier Courlty (BarTy Williams and Larry Ray) have accepted other employment and resigned frt\m our Board. Per our Board requirements we are requesting one purchaser and one consumer appointment to our Board. At this time I am recommending: · Ms. Marcy Krumbine · Mr. William Crone Thank you for your attention to this matter. If you have any questions please call me at (239) 433--6700. Sincerely, purchaser C~?J--; ~ Edward W. Houck, CEO 03/05/2007 04:04 2394336706 The Health Planning Council of Southwest Fbrida, Inc. Board of Directors 2007 Ka.rin G. Cole Paul Erickson Danny Halvatzis Shannon Hall Sharon Murphy Robert Rosenbluth. MD Anthony Triulzi Martha E. Valiant, MD Roger D. Ward Robert A. Zack PAGE El3/05 Agenda Item No. 9F March 13, 2007 Page 4 of 6 03/05/2007 04:04 2394336706 PAGE 64/05 Agenda Item No. 9F March 13, 2007 Page 5 of 6 {r) Health Planning Council of Southwest Aoricila, lnc. (HPC) The MiMion of the HetJlfh Planning CorJrd of Soutf'1w8:d Florida, Inc. is it:' PtolJ1Ote availa". fJf'Ik;ierrt. cost- effective quaflty health sel'Vice$ for per.rons of SOUfti'll\Iest RotfdtJ. The Health Planning Council of Southwest Florida, Inc. (HPC or the Council) was authorized by Ronda Statute in 1982 to plan for the health care needs of the residents of seven counties - Charlotte, Collier, DeSoto, Glades, Hendry, Lee and Sarasota. The responsibility for planning for effic::.ient, cost-effective health systems is shared with the Florida Department of Hea Ith (DOH), the Agency for Health Care Administration (AHCA) and a Statewide network of 11 local health councils. TIle Council, through its Board of Directors brings togetlher interested consumers, providers and purchasers of health services in a neutnill setting to collaborate on developing and inplernenting plans and programs tel improve the health care system for the area. HPC has a partnership with public health departments, community health centers, state agencies, promens and consumers. HPC provides health statistics and reports through quantiti:rtive data gathering, data analysis, implementing focus groups and facilitating community meetings. HPC's philosophy maintains that policies relevant to residenb:i' of Southwest Florida can best be attained through partiCipatory processes. HPC works to increase the availability and accessibility of data regarding health needs and health services within the region. Consequt{.mtly, providing health data remains a primary focus of the Council. Of particular ijnterest to the Council is to improve access to health care for persons with limited financial resources and to reduce disparities in health status. HPC is committed to soliciting community involvement: for its planning initiatives. In addition to its planning functions, HPC is the Lea,d Agency for the following health-related programs: Early Intervention Program/Early Steps, which serves children from 0-3 years old with developmental disabilities and their families in Collier, Lee, Glades and Hendry counties; Ryan lNhite Tiffe /I, a patient care program that serves clients with HIV/AIDS in all seven counties; Housing Oppotfunities for Persons with AIDS (HOPWA) that pr'l)vides housing and offsets utility costs for persons living with AIDS and the,ijr family/caregivers; AIDS Insurance Continuation Program (AICP) that pays insurance premiums for those not able to work due to the progression of the disE;!.ase; Community Planning Partnership (CPP) that provides a forum for the aSSi!SSment of HIV prevention education and strategies to meet identified needs. 03/05/2007 04:04 2394336706 PAGE 65/05 . . I' I U-l'-tO ~- 0 :.0 .. ...') Q.) ~ ........ "0 t/) ~,..~ 0) (/) CD.!: ! Cf) Q) Cll') Q) E :!::ILl Q).... 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Ct) RESOLUTION NO. 2007._ Agenda Item No. 9G March 13, 2007 Page 1 of 2 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO URGE OUR FEDERAL GOVERNMENT TO TAKE IMMEDIATE ACTION TO OVERHAUL AND ENFORCE OUR IMMIGRATION LAWS AND TO PROTECT THE UNITED STATES BORDERS WHEREAS, the Federal Government has failed in its responsibility to enforce our immigration laws and secure our borders. This failure represents a threat to the security of our citizens and places an unacceptable financial burden on the hardworking taxpayers of Collier County; and WHEREAS, the Federal Government provides incentives and rewards which encourage illegal immigration; and WHEREAS, it is estimated that as many as 20 million immigrants are in our Country illegally; and WHEREAS, illegal immigrants place an unacceptable burden on our schools, healthcare system, social services and law enforcement agencies; and WHEREAS, 30% of the inmates of the Collier County Jail who have committed misdemeanors or felonies are in our Country illegally. These criminals not only represent a risk to our citizens but the costs of their apprehension, trial, and incarceration are borne by local governments and taxpayers; and WHERE.o\S, the incarceration of illegal immigrants costs Collier County taxpayers $8.5 million per year. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO:MMlSSIONERS OF COLLIER COUNTY, FLORIDA, that the Board urges the Federal Government to reject all forms of amnesty which would permit those who have violated our immigration laws to remain in our Country or to become citizens of the United States. BE IT FURTHER RESOLVED that the Board urges the Federal Government to eliminate from our immigration laws those incentives which encourage and reward illegal immigration. BE IT FURTHER RESOLVED that the Board urges the Federal Government to swiftly and firmly enforce our immigration laws against illegal immigrants and those employers who hire them. This Resolution adopted this 13th day of March 2007, after motion, second and majority vote. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, CH.A..IRMAN Approved as to form and legal sufficiency: -, David C. Weigel County Attorney Agenda Item No. 9G March 13, 2007 Page 2 012 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 9G Meeting Date: ~. ,esolullon of the Board of County Commissioners to u'ge our Federal Government to take immediate action to overhaul our immigration laws and to protect our borders (Commissioner Coyle) 3/13120079:00:00 AM Prepared By Paula Springs Board of County CommiSSioners Executive Aide to the BCe Date BCC OIfice 317/2007 11 :46:42 AM App roved By Sue Filson Board of County Commissioners Executive Manager to the BCe Date BCC OIfice 3m2007 1 :04 PM Approved By James V, Mudd Board of County Commissioners County Manager Date County Manager's Office 3/712007 1 :21 PM Agenda Item No. 9H March 13, 2007 Page 1 of3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ".~- Item Number: 9H Meeting Dale: A resolution of the Board of County Commissioners of Collier County, Florida to urge the 2007 Flonda LegIslature to renew their commitment to traffic safety and do all they can to stop red light running. (BCC directive) 31131200790000 P,M Item Summary: Prepared By Sue Filson Executive Manager to the BCe Dale Board of County Commissioners BCC Office 2126120071:41:32 PM Approved By Leo E. Oehs, Jr. Board of County Commissioners Deputy County Manager Dale County M ,mager's Office 3/1/20073:52 PM - Agenda Item No. 9H March 13, 2007 Page 2 of 3 RESOLUTION NO. 2007- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO URGE THE 2007 FLORIDA LEGISLATURE TO RENEW THEIR COMMITMENT TO TRAFFIC SAFETY AND DO ALL THEY CAN TO STOP RED LIGHT RUNNING. WHEREAS, in 2003, the Florida State Highway Patrol reported over 300,000 motorists ticketed for running red lights in Florida and further showed that red light runners caused 8,000 crashes resulting in 13,000 injuries, 115 deaths and $77 million in damages; and WHEREAS, in 2005, Collier County adopted a resolution to urge Legislators to allow local governments to use photographic traffic control systems in the enforcement of red light running violations; and WHEREAS, the use of photographic traffic control systems is supported by the Florida Insurance Council, Florida League of Cities, Federal Highway Administration, Insurance Institute for Highway Safety and many other local, state and national agencies; and WHEREAS, it has been reported that automated photo enforcement has proven to reduce intersection collisions by more than forty percent (40%); and WHEREAS, the need to further enforce the prevention of red light running has arisen and should be addressed statewide through the imposition of stiffer penalties for repeat offenders, public demonstrations to show a commitment to support efforts to ban red light running, and educational and preventive measures; and WHEREAS, the STOP Red Light Running coalition - many organizations and units of government including, the Florida Insurance Council, the Florida Sheriffs Association, Florida League of Cities, SafeKids of Manatee County, Manatee Chamber of Commerce, and the Mark Wandall Foundation have been encouraging Governor Charlie Crist, members of the Florida Legislature and others to "STOP Red Light Running!"and to prevent the senseless loss of lives on Florida's roadways. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Board respectfully requests and urges the Florida State Legislature 1 Agenda Item No. 9H March 13,2007 Page 3 of 3 to provide legislation providing for automated photographic traffic control systems enforcement to prevent Red Light Running at the local governmental level. This Resolution adopted this 13th day of March 2007, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney 2 RESOLUTION NO. 2007-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO REQUEST THAT THE CLERK PERFORM AN AUDIT OF ALL FUNDING IN THE AFFORDABLE HOUSING PROGRAM. ,- WHEREAS, on September 13, 2006 the Board of County Commissioners authorized (by 4 to 1 vote) for KPMG to audit our affordable housing program, to include all funds and to include a performance audit; and , WHEREAS, on October 13, 2006 KPMG presented a draft housing audit engagement letter to the County Manager and on October 16,2006 the County Manager responded to KPMG and advised that the Board of County Commissioner,s desired an extended review beyond the scope included in the draft to include 1. "expenditures by major sub-recipient for the same period are being used to produce results consistent with the sub-recipient agreements" and, 2. "a review of the $98,000 (seed money) provided to the Housing Development Corporation (HDC) to be reviewed for compliance with the agreed-to accomplishments and for the purpose consistent with their mission." The County Manager also wrote: "Collier County has the authority to review all records of the sub-recipients associated with our funding"; and' WHEREAS, on October 18,2006 KPMG presented a revised housing audit engagement letter to the County Manager. The second letter adds the wording from the County Manager's October 16, 2006 letter to what County Manager has described as the Board's "expressed specific desire". The October 18, 2006 KPMG's housing audit engagement letter was not brought back to the Board for subsequent ratification; and WHEREAS, the Board of County Commissioners would like to share their concerns that every penny of affordable housing money has not been audited as requested by the Board; and WHEREAS, State Statute 136.08 states: "Accounts subject to examination by authorized persons.- The accounts of each and every board and the county accounts of each and every depository, mentioned or provided for in this chapter. shall' at all times be subiect to the inspection and examination bv the county auditor and by the Auditor General." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that a request (and not a task) for the Clerk, in his role as County Auditor, to perform an audit including all funding in the affordable housing program. 1ms Resolution adopted this 13th day of March, 2007, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK. BOARD OF COUNTY COM:MISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES COLETIA, CHAIRMAN Approved as to form and legal sufficiency: .- David C. Weigel County Attorney Agenda Item No. 91 March 13, 2007 Page 1 of 2 Agenda Item No. 91 March 13, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 91 A resolution of the Board of County Commissioners to request that the Clerk perform an audit of all funding in the Affordable Housing Program. (Companion Item to be heard with KPMG audit report and management responses related 10 Ihe Oclober 18. 2006 engagement letter between Collier County and KPMG.) This item to be 11eard Immediately after Item 10E. (Commissioner Henning) Meeting Date: 3/131200790000 AM Prepared By Sue Filson Executive Manager to the BCe Date Board of County Commissioners Bce Office 3/5/20073:07:24 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/7120079:30 AM Agenda Item No. 10A March 13, 2007 Page 1 of 22 ,-- EXECUTIVE SUMMARY To review the written and oral reports or the Advisory Boards and Committees scheduled for review in 2007 in accordance with Ordinance No. 2001-55 OBJECTIVE: To determine if e~sting advisory boards and committees continue to address the issues they were created for, continue to warrant the time and funding required to retain them, and whether any adjustments are necessary. CONSIDERATIONS: Ordinance No. 2001-55 was created to provide a regular mechanism for the Board of County Commissioners to review all existing advisory boards every fourth year. There is a rotating schedule provided for within the ordinance that dictates which boards are to be reviewed in any given year. Each advisory board scheduled for review in 2007 previously provided the County Manager with a written report that answers specific questions prescribed in the ordinance. Additionally the ordinance calls for each advisory board to make an oral presentation to the County Commission during March of the year in which they are to be reviewed. In 2007, eleven (11) advisory boards are scheduled for review, of which the first six (6) will be presented at the March 13, 2007 Board meeting, with the remaining five (5) to be presented at the March 27, 2007 Board meeting. The six (6) advisory committees scheduled for review on March 13th are listed below in the order of presentation: ........- . Board of Adjustment and Appeals . County Government Productivity Committee . Development Services Advisory Council . Emergency Medical Services Advisory Board . Environmental Advisory Council . Golden Gate Community Center Advisory Committee FISCAL IMP ACT: In most cases the boards scheduled for review require only the staff time needed to attend, prepare back up information, minutes and any additional information required by committee members. At a minimum, an advisory board will normally cost $2,000 annually. GROWTH MANAGEMENT IMPACT: There is no direct Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners review the written reports and oral presentations of the boards and committees scheduled for review in 2007, and if applicable, direct any revisions necessary to have the committees function as efficiently and effectively as possible. A IT ACHMENTS: Six (6) Advisory Board/Committee 4-year review written reports PREP ARE>> BY: Mike Sheffield, Assistant to the County Manager ",- Agenda Item No. 10A March 13, 2007 Page 2 of 22 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 10A Meeting Date: This Item to be heard at 11 :00 a.m To review the written and oral reports of the AdvIsory Boards and Committees scheduled for review In 2007 in accordance with Ordinance No. 2001-55. (Mike Sheffield Assistant to the County Manager) 3/13/2007 900:00 AM Approved By Leo E. Ocho, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 312120074:06 PM - - - " Agenda Item NO.1 OA March 13, 2007 Page 3 of 22 MEMORANDUM DATE: February 8. 2007 TO: Board of County Commissioners FROM: Mike S~~s~ounty Manager Review of Advisory Committees for FY 2007 SUBJECT: Attached are reports from the 11 advisory boards scheduled for review in March 2007. In accordance with Ordinance No. 2001-55, the County Manager is required to. deliver to the Board of County Commissioners, on or before February 15, the written report submitted by the chairperson of each board, together with any staff recommendation or comments regarding these committees. The chairperson of each advisory board will make an oral presentation to the Board at your regular meetings on March 13 and March 27, as indicated below. During those oral presentations, you will have an opportunity to ask questions regarding their reports. March 13. 2007 Board of Adjustment and Appeals Productivity Committee Development Services Advisory Council Emergency Medical Services Advisory Board Environmental Advisory Council Golden Gate Community Center Advisory Committee March 27. 2007 Immokalee Enterprise Zone Development Agency Immokalee Local Redevelopment Advisory Board Library Advisory Board Pelican Bay Services Division Board Tourist Development Council C: Jim Mudd, County Manager Leo OeM. Deputy County Manager David Weigel, County Attorney Sue Filson, BCC Executive Manager Agenda Item NO.1 OA March 13, 2007 Page 4 of 22 Advisory Committee/Board Four-Year Review By the Board of County Commissioners For Fiscal Year 2007 Advisory Committee: Board of Adjusbnent and Appeals Chairman: Currently Vacant Staff Liaison: Bill Hammond Staff Agency: Authority: Submittal Date: Building Review and Permitting Land Development Code January 17, 2007 FY 07 Review Date: March 13, 2007 Last Review Date: March 2003 The Board of Adjustments & Appeals does not meet on a regular schedule. The board is only required to convene when a owner or his authorized agent appeals an action by the Building Official, or when it is claimed that the intent and meaning of the Building Codes have been wrongly interpreted. 1. Whether the Board is serving the purpose for which it was created. Yes. The purpose of the Building Board is to provide a decision-making body through which an owner of a building or structure, or his duly authorized agency, may appeal the rejections or refusal of the building official to approve the mode or manner of construction proposed to be followed, or materials to be used, in the erection or alteration of that building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of such codes, or any of the regulations there under, have been misconstrued or wrongly interpreted by the building official. 2. Whether the Board is adequately serving cunent community needs. Yes. Florida statute 553.73 requires code enforcement agencies to have a local administrative board authorized to hear complaints by materially affected persons 1 Agenda Item No. 10A March 13, 2007 Page 5 of 22 regarding the Florida Building code and Florida Fire prevention code. The Collier County Board of Adjustment & Appeals meets this statutory requirement. 3. A list of the Board's major accomplishments for the preceding twelve- month period. Yes. The board met in 2005 and ruled on a case regarding a dispute between the Collier County Fire Code Official and a local Fire Alarm contrador. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. No. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. The current language of the Land Development Code is adequate to address matters brought before the Board. 6. Whether the Board's membership requirements should be modified. No. The current language of the membership requirement for board members is adequate to address matters brought before the board. 7. The cost, both direct and Indirect, of maintaining the Board. The cost of the board is supported by fees. Staff Comments: The Board of Adjusbnents & Appeals does not meet on a regular schedule. The board is only required to convene when an owner or his authorized agent appeals an action by the Building Official. or when it is claimed that the intent and meaning of the Building Codes have been wrongly interpreted. 2 Agenda Item No. 10A March 13, 2007 Page 6 of 22 ADVISORY COMMITTEElBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 ADVISORY COMMITTEE: I Productivity Committee IA. lB. I C. I D. IE. IF. I G: 1H. CHAIRMAN: I John F. Barlow, Jr. STAFF LIAISON: I Mike Sheffield STAFF AGENCY: I County Manager's Office AUTHORITY: I Ordinance No.2006-38 I. I Collier County Ordinance 91-10 created the County Government Productivity Committee to review the efficiency of departments of county government under the jurisdiction of the Board. The ordinance was amended in 1993 and 1996, and was replaced by Ordinance 2006-38 on July 25, 2006. The Committee is composed of 11 members, with the vice chair of the Board of County Commissioners serving in a liaison capacity. The members are appointed by resolution of the Board of County Commissioners for a two-year term and must be permanent residents and electors of Collier County. Committee members are required to possess special expertise and experience related to managing large organizations, and must be balanced in representing the views of the community. The committee reviews the efficiency of departments of County Government under the jurisdiction of the Board of County Commissioners. The committee may analyze and review existing structure, organization, staffing, management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and cost-effectiveness. The committee may also assist in the implementation of those recommendations. Regular Productivity Committee meetings are usually held on the third Wednesday of the month at 2:00 P.M. in the County Manager's conference room on the second floor of the W. Harmon Turner Administration Building. Page 1 of4 Agenda Item NO.1 OA March 13, 2007 Page 7 of 22 The current membership is composed of: Chairman John F. Barlow Jr., Vice-Chair Dr. lames A. Van Fleet, Larry Baytos, Robert Bennett, Syd Blum, Brad Boaz, Robert Dictor, Steve Harrison, Joe Swaja, Janet Vasey, and BCC Liaison Commissioner Tom Henning. 1. Whether the CommitteeIBoard is serving the purpose for which it was created. The Productivity Committee responds to the requests for review and advice on matters identified by the County Commissioners, and undertakes commentary only on those issues which are directly related to such activities. Since these activities have in fact been central to the efficient and effective functioning of County Government under the Commissioners, the Productivity Committee can be described as directly serving the purposes for which it was created by Ordinance. 2. Whether the Board is ad uate servin current communi needs. The Board primarily reacts to requests by the Commissioners to review proposed and pending actions. Select activities have included the impact fees studied and enacted in 2005, the ADIR documentation, in conjunction with the Planning Commission; and an extensive examination of Efficiency and Effectiveness over an eighteen month period, resulting in some thirty recommendations for substantial savings to the County electorate. Inasmuch as the Productivity Committee serves in these capacities to advise the commissioners on potential savings, cost-cutting and diverse means of providing the public with better service at less cost, it is continuing to fulfill its mission and serving current community needs. 3. List the Board's major accomplishments for the preceding 12-month oeriod. 01. Reviews and examinations with County offices and officials as well as outside consultants of all major impact fee studies enacted during 2005. 02. Completion of exhaustive Efficiency and Effectiveness study, undertaken during the previous eighteen month period, with review of same with the Commissioners. 03. Undertaking with the Planning Commission studies and hearings, with resulting recommendations, for the County ADIR. 04. Other activities have included issues related to "affordable" housing, contract reviews, value engineering questions and diverse matters designed to promote savings for County Government. Page 2 of 4 Agenda Item No. 10A March 13, 2007 Page 8 of 22 4. Whether there is any other Board or ageney, either publie or private, whieh is serving or would better serve the purpose for whieh the Board was created. No existing Board, Committee or governmental agency duplicates the work of the Productivity Committee. Its work. product is unique in County Government, and substitutes the need for such an advisory/consultative entity which otherwise would be paid for, with the valued judgments, assessments and advice of a thoroughly professional, accomplished grouping of high-achieving community members volunteering their time and energies for the benefit of the citizenry and its government. 5. Whether the ordinanee ereating the Board should be amended to aHow the Board to more adequately serve the purpose for whieh it was created. The Governing Ordinance of the Productivity Committee was revised and updated in 2006. It is believed that the Productivity Committee can operate adequately and effectively under the existing Ordinance. 6. Whether the Board's membershi uirements should be modified. The Committee's composition fairly well reflects community-wide interests and professional skills, with representation from persons with considerable private sector and public sector experience with substantial staff and financial dealings. There are a broad age spread, employed and retired personnel, gender representation and a health diversity of professional experience in senior and executive management. No modifications are needed for the tasks at hand. 7. The cost, both direct aDd indi of maintainin the Board. There are no direct costs to maintaining the Committee, and given the level of expertise on same, as well as members' consulting fees for other remunerated work, not to overlook the value of their work. product for the People of Collier, the contributions to the County are vast and more than warrant the de minimus indirect costs of maintaining this Committee. J: ADDmONAL BOARD/COMMITTEE COMMENTS: The Committee has recommended that given the frequency of sub-committee meetings and the press of business for regular meetings that the County ensure adequate "Advisory Committee" parking be enforced, and that identification tags of an appropriate sort be issued to members. Page 3 of 4 Agenda Item NO.1 OA March 13, 2007 Page 9 of 22 K: STAFF COMMENTS: The Productivity Committee is a very dedicated and hard-working group of volunteers! Mike Sheffield Page 4 of 4 Agenda Item No.1 OA March 13, 2007 Page 10 of 22 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 ADVISORY COMMITTEE: I Development Services Advisory Committee IA. lB. I C. I D. IE. IF. I G: In. CHAIRMAN: I Clay Brooker STAFF LIAISON: I Joe Schmitt I Marlene Stewart STAFF AGENCY: I Community Development and Environmental Services AUTHORITY: I Ordinance No.93-76, as amended L SUMMARY: Collier County Ordinance 93-76 created the Development Services Advisory Committee (DSAC) to provide reports and recommendations to the Board of County Commissioners (BCC) to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development and Environmental Services Division (CDES) and to serve as a primary communication link. between CDES, the development industry and the citizens of the county. The ordinance was amended in 1995 through Ordinance 95-60. DSAC is composed of 15 members, who represent the various aspects of the development industry, including architects, contractors, land planners, developers, attorneys, and engineers. The members are appointed by resolution of the Board of County Commissioners for a four-year term and must be permanent residents and electors of the county. DSAC's functions include identifying concerns of the development industry, making recommendations as to rules and procedures to enhance the operational efficiency and budgetary accountability within CDES, and reviewing proposed ordinances and codes that may affect CDES prior to their submittal to the BCC. Regular DSAC meetings are usually held on the first Wednesday of the month at 3:30 p.m. in the CDES building on North Horseshoe Drive. The current membership is composed of Chairman Clay Brooker, Vice-Chairman Dave Dunnavant, Charles Abbott, James Broughton, David Bryant, Dalas Disney, Marco Espinar, Blair Foley, Geor~e Hermanson, Reed Jarvi, Brian Jones, Thomas Masters, Page: 1 of3 Agenda Item NO.1 OA March 13, 2007 Page 11 of 22 I Robert Mulhere, Fred Reischl, and William Varian. 1. Whether the CommitteelBoard is serving the purpose for which it was created. DSAC is currently serving the purpose for which it was created. DSAC receives and comments on monthly reports from CDES, the Transportation Division, the Public Utilities Division, and Fire Review. Significant time is spent reviewing proposed ordinances and codes that affect the community development, including but not limited to amendments to the Coun 's Land Develo ment Code. 2. Whether the Board is ad uate servin current communi needs. DSAC is adequately serving current community needs by providing expert knowledge and first-hand experience relating to regulations governing the development industry and the o mtional efficienc of develo ment review and .ttin . 3. List the Board's major accomplishments for the preceding 12-month period. DSAC spends significant time reviewing proposed ordinances and codes, or amendments thereto, which may affect CDES and the development community. By way of example, the preceding 12-month period included three "cycles" of amendments to the Land Development Code. DSAC reviewed the amendments and offered recommendations for the BCC's consideration. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. DSAC is unaware of any other Board or agency, either public or private, which would better serve the se for which DSAC was created. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. DSAC currently does not review proposed amendments to the County's Growth Management Plan (GMP). Because the GMP directly affects CDES and the development community, consideration should be given to expanding DSAC's duties to reviewing TO sed amendments to the GMP. 6. No modifications to DSAC's membershi 7. The cost, both direct and indirect, of maintainin the Board. DSAC members serve voluntarily and without compensation. Therefore, the cost of maintaining DSAC is relatively insignificant and can be expressed only in terms of Coun staff time for administration and rts. Page20fJ Agenda Item NO.1 OA March 13, 2007 Page 12 of 22 J: ADDITIONAL BOARD/COMMITTEE COMMENTS: As mentioned above, one ofDSAC's primary functions is to review proposed ordinances and codes, or amendments thereto, which may affect CDES and the development community. In the past 12 months, seveml DSAC members have expressed dissatisfaction with the process by which DSAC's recommendations are reported to the BCC. In some cases, DSAC's recommendations have, either deliberately or inadvertently, not been reported to the BCC. DSAC cannot fulfill its duties if its recommendations are not reported to the BCC. Improvements to the process by which the various recommendations of the reviewing boards/committees are reported to the BCC are necessary. K: STAFF COMMENTS: Staff will ensure that in this upcoming LDC cycle that the comments and concerns expressed by the committee are clearly delineated on the comment spreadsheet to the BCC as well as the CCPC. JoseDh K. Schmitt, Administrator, CDES Page 3 of3 Agenda Item NO.1 OA March 13, 2007 Page 13 of 22 ADVISORY COMMITTEE Four Year Review By the Board of County Commissioners For Fiscal Year 2007 ADVISORY COMMITTEE: Emergency Medical Services Advisory Council CHAIRMAN: Dr. Jeff Allbritten STAFF LIAISON: Jeff Page, Emergency Medical Services AUTHORITY: Collier County Ordinance No. 86-41, as amended. SUBMITTED: February 1, 2007 FY 07 Review: March 13, 2007 SUMMARY: Established in 1981 ~ the Emergency Medical Services Advisory Council identifies and evaluates all opportunities and/or challenges associated with providing optimal performance standards for the provision of emergency medical services throughout Collier County; to establish a procedure for reviewing any complaints received by it concerning the quality of the emergency medical seIVices being rendered by any duly authorized emergency medical seIVices provider within the county; and to further delineate objectives and functions as may be necessary. Current members of the Council include: Dr. Jeff Allbritten, Chairman Mr. Jim McEvoy Mr. John Valenti Ms. Judith Nuland Ms. Nancy Laschied Mr. Michael Murphy Mr. Johan Domenie Mr. Rob Pottieger Dr. Douglas Lee Dr. Jeffrey Panozzo Ms. Gail Dolan Mr. BiU Rule District 1 is Vacant District 5 is Vacant 1 Agenda Item No. 10A March 13, 2007 Page 14 of 22 The Board meets monthly, usually on the 4th Wednesday of the month, at 2:00 p.m., in the BCC Board Room. Pursuant to Ordinance No. 86-41, as amended, the annual report should consider.' 1. Whether the Board is serving the purpose for which it was created. 2. Whether the Board is adequately serving current community needs. 3. A list of the Board's major accomplishments for the preceding twelve month period. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. 6. Whether the Board's membership requirements should be modified. 7. The cost, both direct and indirect, of maintaining the Board. We feel our main purposes set forth by the Board of County Commissioners and quoted in our By-laws are to act as an advisory body to the BCC on all aspects of providing pre- hospital Emergency Medical Services in Collier County. We also are here to study all the challenges associated with providing an optimal EMS system throughout Collier County, including a yearly review of the EMS Department's budget, transport fees, and the Annual Update and Inventory Report, or AUIR. As an advisory council we are able to serve the community needs by fostering and promoting the development and utilization of improved methods of EMS. Recent examples include the addition of state of the art technology such as the Autopulse and Audicor machines on all of the units. Our support of having the Level of Service Standard being based on a weighted population has resulted in an increase of four additional growth units this year that will certainly have a positive impact on our response times. In this past year we have reviewed and discussed all major items, issues, and actions prior to them being submitted to the Bee including but not limited to: items relating to the budget; contractual agreements with other agencies; educational and training opportunities afforded to staff; the Union contract; major equipment purchases and monthly staffing level updates. We have also made a few changes to our By-Laws, including adding an additional member to our Council to represent Physicians Regional Hospital. 2 Agenda Item NO.1 OA March 13,2007 Page 15 of 22 The Emergency Medical Services Advisory Board operates on minimal direct costs (paper, copies etc.). Staff time is the only indirect cost, which is a minimal 30 hours annually. We believe that this board is serving the community's need to insure that all sections of our county has input on issues related. to emergency medical care that concern our citizens. We see no reason at the present that the board's membership requirement be modified. We also do not believe that there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. 3 -" Agenda Item No. 10A March 13, 2007 Page 16of22 ADVISORY COMMITTEE Four-Year Review By the Board of County Commissioners For Fiscal Year 2007 ADVISORY COMMITTEE: ENVIRONMENTAL ADVISORY COUNCIL CHAIRMAN: William Hughes STAFF LIAISON: Summer Araque STAFF AGENCY: Environmental Senices Department Community Development and Environmental Services AUTHORITY: Collier County Land Development Code Chapter 8.06; Ordinance 04-41 SUBMITTED: January 16,2007 FY 07 REVIEW DATE: March 13,2007 SUMMARY: Established in January 27, 1999, the Collier County Environmental Advisory Council (EAC) is a combination of two previous advisory boards, The Environmental Advisory Board (EAB) and the Environmental Policy and Technical Advisory Board (EPT AB). The EAB had been a culmination of two advisory boards, the Environmental Advisory Council (old EAC) and the Water Management Advisory Board (WMAB). The current EAC is charged to act in an advisory capacity to the Board of County Commissioners (BCC) in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within the county and the review and evaluation of specific zoning and development petitions and their impact on those resources. The nine current members of the EAC include: William Hughes, Chairman Judith Hushon, Vice Chairman Terrance Dolan Nick Penniman James Harcourt Bill Hill Lee Horn Michael Sorrell Roger Jacobsen EAC Quadre""ial Review. January 2007 Page 1 of4 Agenda Item NO.1 OA March 13, 2007 Page 17 of 22 The EAC meets monthly, on the 1st Wednesday of the mon~ at 9:00 am., in the Third Floor Board Meeting Room of the Turner Building. Meetings are taped and aired on the County's Government Access Channel. On January II, the EAC at their regular meeting discussed the Quadrennial Review and provided the following responses to these questions: 1. Whether the Board is senring the purpose for which it was created. Yes. The EAC is serving the purpose for which it was created The EAC formally discussed in detail the four main functions of the EAC and agreed that they are performing them in accordance with their authority. 2. Whether the Board is adequately serving current community needs. Yes. The EAC is serving the community by providing the environmental advice, and assistance to County staff and their review and recommendations to the BCe. However they felt that they could better serve the public by focusing more on the environmental policy issues that face Collier County. These relate to endangered species management, watershed management plans, stormwater management, preserve priorities, and impacts of hurricanes on our coast. 3. A list of the Board's major accomplishments for the preceding twelve month period: The EAC reviewed and commented a number of major projects this past year including: · The EAC reviewed and helped to formulate the Environmental CME amendments and the LDC modifications required to enact them. A special subcommittee was created for this purpose; they met independently on a number of occasions then brought their conclusiom to the EAe. Members of the EAC also met with the Planning Commission to inform them of the EAC's reasoning behind some of the requested changes. · The EAC has worked with petitioners over the past year to identify the types of data required to review a project and the formats in which these data should be presented · The EAC has begun to carefully comider water quality and stormwater management issues related to projects to determine whether they will adversely affect adjacent properties. This has led to a request that a select number of EAC Quadrennial Review, Janwny 2007 Page 2 of4 Agenda Item No. 10A March 13, 2007 Page 18 of 22 previously permitted PUDs be reexamined to determine how the retention ponds are functioning in situ. . The EAC has on several occasions requested that the County take a stronger stand for Endangered Species Protection than the USFWS, which seems very willing to sacrifice these animals in favor of development. We are particularly concerned that gopher tortoises are not doing well when they are moved to a new preserve area which is often overcrowded Several projects with the potential to affect nesting eagle pairs were reviewed and specific advice was provided to the Commissioners. . The EAC has reviewed several projects related to development of tourism efforts on Keewaydin Island and each time has determined that the projects threaten the ability of this barrier island to support its sensitive wildlife in an appropriate manner. There are issues with boat landing, sanitary waste management, garbage management, beach access, dune protection, and supervision of the many acres under conservation. There is already a recognized problem from boaters on the south end of the island and there is a desire not to have this type of problem repeated 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. No other board or committee serves the function that the EAC does for the community. They provide professional input with regard to water management, environmental assessment, policy and procedures, and provide a forum for the public to comment on environmental issues that they feel should be heard by County staff or the BCe. 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created. The ordinance allows the EAC to adequately serve the purpose for which it was created 6. Whether the Board's membership requirements should be modified. With the addition of two additional alternate members, it will be easier to obtain the five member quorum. The Board approved the addition of the 2 members as part of the most recent Land Development Code amendments. 7. The cost, both direet and indirect, of maintaining the Board. EAC Quadrennial Review, Januory 2007 Page 3 of4 Agenda Item NO.1 OA March 13, 2007 Page 19 of 22 The EAC is a volunteer board that provides their service to the community free of charge. They auend a monthly meeting, which usually take three to four hours of their time. There are a few members that serve on a subcommittee that meets once or twice a month in addition to the regularly scheduled EAC meeting. There is also the additional time (usually 4-5 hours) that the members provide, prior to the meetings, in reviewing the materials and information that they are sent. The EA C is supported by members of the Community Development and Environmental Services staff who are available for meetings and discussions outside of the monthly meetings and who attend the meetings each month The following staff are typically in attendance at each EAC meeting: two Environmental Specialists, two Senior Engineers, the Environmental Services Department Director, one or more Principal Planners, one assistant County attorney and a court reporter. Staffhas estimated that the total cost to administer the EAC is $36,000 per year: Personnel Operating Total $25,000 $11.000 $36,000 Personnel Costs are based on a fully burdened rate for the staff time identified above. Operating Costs consist of the direct costs for copying, mail, and contractual services to provide meeting minutes. EAC Quadrennial Review, January 2007 Page 4 of 4 Agenda Item NO.1 OA March 13, 2007 Page 20 of 22 ADVISORY COMMITTEEIBOARD FOUR-YEAR REVIEW BY THE BOARD OF COUNTY COMMISSIONERS FOR FISCAL YEAR 2007 A. ADVISORY COMMITTEE: Golden Gate Community Center Advisory Committee CHAIRMAN: I William Arthur lB. I C. I D. IE. IF. I G: I H. STAFF LIAISON: I Barry Williams, Director, Parks & Recreation Dept STAFF AGENCY: I Parks and Recreation Department AUTHORITY: I Ordinance No.2001-37 I. SUMMARY: I Collier County Ordinance 75-4 created the Golden Gate Municipal Services Special Taxing District with the power to create the Golden Gate Community Center Advisory Committee to serve the interests of the taxpayers and residents of the district. The Committee shall annually review the proposed budget within the millage limits established for the district and review unbudgeted capital expenditures, make recommendations to the BCC on proposed budgetary adjustments, recommend to the BCC changes in the roles governing the use of the facility, recommend to the BCC the employment of the Community Center Supervisor, advise the County Manager in writing on the contents and proposed changes to the job description for the Community Center Supervisor and receive and review monthly reports. The ordinance was amended in 1980 and 1986. The Committee is comprised of (5) members serving staggered two-year terms, with the Director of Parks and Recreation serving in a liaison capacity. The members are appointed by the Board of County Commissioners for a two-year term and must be permanent residents of the Golden Gate Municipal Services Special Taxing District and electors of Collier County. Regular Golden Gate Community Center Advisory Committee meetings are usually held on the first Monday of each month at 6:00 P.M. in the Golden Gate Community Center located at 4701 Golden Gate Parkway in Naples, Florida. Page 1 of3 Agenda Item NO.1 OA March 13, 2007 Page 21 of 22 The current membership is composed of Chainnan William Arthur, Vice-Chair Jim Klug, Vicki Clavelo, Kaydee Tuff, and Ernie Bretzmann. The BCC Liaison is Parks and Recreation Director, Barry Williams. 1. Whether the CommitteelBoard is serving the purpose for which it was created. Yes, the Committee does serve the purpose for which it was created. It meets monthly with the Center Supervisor during which the Committee reviews the center revenue, programs, special events, capital projects, budget and the center's policies and procedures. The Committee advises the Board of County Commissioner's regarding the affairs of the state. 2. Whether the Board is ad uate servin current communi needs. In order to ensure that the Committee is adequately serving the current community needs, the Committee works with the Center Supervisor to foster relationships with civic groups and organizations in the Golden Gate area. As a result the Golden Gate Community Center continues to be the place to meet and offers a variety of programs, special events, and activities to a very diverse community. 3. List the Board's major accomplishments for the preceding 12-month period. Over the past 12 months, the Committee has assisted with the following major accomplishments: a. The smooth transition from one Center Supervisor to his successor. b. Encouraged the successful debris removal and repair attributed to Hurricane Wilma. Hardy trees and plants were planted to replace those damaged. c. Reduction of the taxing district millage rate from .2337 in FY06 to .1815 in FY07. d. Maintained and fostered good relationships with various local, civic associations. e. Dedicated newly renovated and updated preschool room to Eleanor Williams. f. Enhanced the courtyard. (Within the last couple of years) g. Excellent relationship with community organizations who donated over $10,000 for pre-school, after-school and summer camp scholarships. This includes Cool Cruisers and the Women's Club. h. Increased. cooperative relationships with the Golden Gate Fire Department and Sheriff's Department. 1. Reviewed programming needs to better serve the community. J. One of the six entities responsible for the continued success of the Golden Gate Festival. k. Ensured community center appearance exceeds community expectations. This year the center kitchen will receive a new hood system, stove and refrigerator. A roof Page 2 of3 Agenda Item No. 10A March 13, 2007 Page 22 of 22 was replaced in 2006. 1. Supported the fostering of good relationships with federal (FEMA), state (CERT) and local (Red Cross) agencies during times of disaster. 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created. I No other Commitree would serve a beuer pmpose. 5. Whether the ordinanee creating the Board should be amended to aHow the Board to more adequately serve the purpose for which it was created. The Golden Gate Community Center Advisory Committee is currently reviewing and revising the 1986 Ordinance. The Committee believes these guidelines are out of date, and recommendations to amend will follow. 6. Whether the Board's membership requirements should be modified. I Not at the present time. 7. The cost, both direct and indirect, of maintainin2 the Board. Direct costs of the Committee are minimal and include paper, copies and postage. The only direct costs are staff time which is approximately 40 - 50 hours per year. J: ADDmONAL BOARD/COMMITTEE COMMENTS: Enter any additional board or committee comments in this section K: STAFF COMMENTS: Staff concurs with the committee's report. Staff will work with the Golden Gate Community Center Advisory Committee to review and revise the current ordinance initially established in 1986. Staffhas appreciated the positive working relationship with the Golden Gate Community Center Advisory Committee in meeting the recreation, social, health, and wellness needs of citizen's in Golden Gate City. Page 3 of3 Agenda Item NO.1 08 March 13, 2007 Page 1 of 2 EXECUTIVE SUMMARY To seek Board approval of a Fiscal Year 2007 Budget Amendment in the amount of $625,000, increasing the loan amount from Collier County to the Southwest Florida Expressway Authority from $150,000 to $775,000. OBJECTIVE: The objective is to gain Board approval establishing Collier County's remaining $625,000 loan payable to the Southwest Florida Expressway Authority. This commitment represents Collier County's share of the original $1,550,000 Southwest Florida Expressway Authority budget. The Expressway Authority is moving forward with the tolling options, the public involvement on the toll options and the hiring of an Executive Director and, as such, needs to complete the original budget request. CONSIDERATION: The Southwest Florida Expressway Authority was created under House Bill 401 that was signed by Governor Bush in 2005 with the single purpose of trying to get tolled express lanes on 1-75 (i.e. more than the six lanes that is currently programmed) in Collier and Lee Counties. The bill provided no funding for the Southwest Florida Expressway Authority and to date budget has been provided by the Lee and Collier Board's and a Toll and Revenue loan from the Florida Department of Transportation. In addition, staff from Lee and Collier County have been providing the necessary support servIces. ,~ ......., At Collier's July 25th BCC meeting, the Board committed $150,000 to move forward at that time, though the total budget that the Board saw at that time was $1.55 million. Following the Collier BCC meeting, the Lee BOCC at their August meeting authorized the matching $150,000 but also proceeded with an interlocal agreement for the entire amount. Collier County's total loan of $775,000, if approved, is projected to last for two years of the Expressway Authority's budget (through the Expressway Authority's fiscal year 2008). FISCAL IMPACT: The initial budget appropriation totaling $150,000 was established with approval of a budget amendment by the Board of County Commissioners on October 24, 2006. This funding was derived from General Fund reserves. The additional $625,000 will come from General Fund reserves and will be paid back to the County in the future (as well as the original $150,000) when there is toll revenue in excess of bond payments. GROWTH MANAGEMENT: The widening of 1-75 up to ten lanes is consistent with the County's Growth Management Plan and the MPO's Long Range Transportation Plan. RECOMMENDA TION: That the Board of County Commissioners approves a Fiscal Year 2007 budget amendment in the amount of $625,000 from the General Fund reserves which increases the current year appropriation for remittance to the Southwest Florida Expressway Authority from $150,000 to $775,000. PREPARED BY: Donald Scott, Transportation Planning Director 1 Item Number: Item Summary: Meeting Date: Agenda Item NO.1 08 March 13,2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10B To seek Board approval of a Fiscal Year 2007 Budget Amendment In the amount of $625,000, Increasing the loan amount from Collier County to the Southwest Florida Expressway Authority from $150,000 to $775,000 (Don Scott, Director, Transportation Planning and Bill Barlon) 3/13/2007900.00 AM Transportation Planning Director Date Approved By Donald L. Scott Transportation Services Transportation Planning 212612007 1: 14 PM App roved By Assistant County Attorney Date Scott R. Teach County Attorney County Attorney Office 2126/2007 1: 52 PM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 2/27/20071:44 PM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 3/1/2007 1 :09 PM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 3/1/2007 1 :43 PM Approved By OMS Coordinator County Manager's Office Administrative Assistant Date Office of Management & Budget 3/2/20079:26 AM Mark Isackson Budget Analyst Date Approved By County Manager's Office Office of Management & Budget 316/2007 8:03 AM Michael Smykowski Management & Budget Director Date App roved By County Manager's Office Office of Management & Budget 3/6/2007 1 :22 PM James V. Mudd County Manager Date Approved By Board of County Commissioners County Manager's Office 3/612007 1 :43 PM Agenda Item No. 10C March 13, 2007 Page 1 of 35 -- 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 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 project 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 conidor. 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. 10C March 13, 2007 Page 2 of 35 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: (1) 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: Agenda Item No. 10C March 13. 2007 Page 3 of 35 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10C 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 DaVIS Boulevard. (Capital Improvement Element No. 86. Project No. 60001). Estimated fiscal impact $5.000.000 (Gene Calvert, Director. Transportallon/Stormwater Management) 3113/2007 9:00:00 AM Right Of Way Coordinator Date Prepared By Lorraine Lantz Transportation Services TECM-ROW 2/26120073:43:22 PM Marlene Messam Date Approved By Transportation Services Right of Way Manager Transportation Engineering & Construction Management 2/27/200711 :46 AM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin. 2/2712007 1:44 PM Najeh Ahmad Director Dale App roved By Transportation Services Transportation Engineering & Construction Management 2/28/20077:49 AM Heidi F. Ashton Assistant County Attorney Date Approved By County Attorney County Attorney Office 2/281200711:14AM Kevin Hendricks Right Of Way Acquisition Manager Date Approved By Transportation Services TECM.ROW 2/28/200711 :15 AM Sharon Newman Accounting Supervisor Date Approved By Transportation Services Transportation Services Admin 311120071:29 PM Lisa Taylor ManagemenUBudget Analyst Date Approved By Transportation Services Transportation Administration 3/1/20071:50 PM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 311/2007 2:17 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 3/2/20079:27 AM Susan Usher Senior MzmagementfBudget Analyst Date A pp roved By County Manager's Office Office of Management & Budget 3/2/2007 5:33 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/3/2007 12: 11 PM Agenda Item NO.1 OC March 13, 2007 Page 4 of 35 Co~~ County --- ~ - 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-lane 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: 1. 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. 10C March 13, 2007 Page 5 of 35 Boulevard from US 41 to lmmokalee to 6-lane roadway. Santa Barbara Boulevard will be improved to a 6-lane 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 LR TP (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 March 13, 2007 Page 6 of 35 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 exfiltration 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 OC March 13, 2007 Page 7 of 35 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. PREPARED BY: COPIES: DATE: Kevin Hendricks/Collier County File February 14, 2007 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-lane 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-lane 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-laning 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 March 13, 2007 P;:JQP 8 of 35 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. Proiect History 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-lanes to 6-lanes 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 treahnent and attenuation was provided in that 1-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 treahnent 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. "N 0- Build" COLLIER JI_ROW_TECHNICALMEMO_21407WJG.DOC Agenda Item No. 10C March 13, 2007 P80!'l q of 35 2. Widen/Improve alternative corridors 3. Expand Collier Boulevard to a 6-lane 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 Frank 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-lanes, 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 JI_ROW_ TECHNICALMEMO_21407WJG.DOC Agenda Item No. 10C March 13, 2007 PrlQA 1 () of 35 traffic. Collier Boulevard cannot sustain the high volume of traffic that exists in the current 4-lane configuration. The projected traffic levels on Collier Boulevard (2010, 2015, 2025 and 2030) show a warrant to improve the corridor to a 6-lane 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 widening 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 no ROW aqusition. COLLIER JI_ROW_ TECHNICALMEMO_21407WJG.DOC Agenda Item NO.1 OC March 13, 2007 Prl\)P. 11 of 35 COLLIER _"_ROW _ TECHNICALMEMO_21407W JG.DOC Agenda Item NO.1 OC March 13, 2007 Page 12 of 35 RESOLUTION NO. 2007- A RESOLUTION AUTHORIZING CONDEMNA T10N OF FEE SlMPLE AND/OR THOSE PERPETUAL OR TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF THE SIX LANING AND ASSOC1A TED IMPROVEMENTS TO COLLIER BOULEVARD FROM U.S. 41 TO DAVIS BOULEVARD. (CAPITAL IMPROVEMENT ELEMENT NO. 86, PROJECT NO. 6000 I). WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted Ordinance No. 2004-71 therein establishing the Capital Improvement Element of the GrO\vth Management Plan in ordcr 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 Vv1-IEREAS, the six-lane section of Collier Boulevard from U.S. 41 to Davis Boulevard (Project No. 60001) is onc of the capital improvement projects required undcr 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, sevcral 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 RESOL VED HY THE HOARD 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 Davis Boulevard (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 Collier County. Agenda Item NO.1 OC March 13, 2007 Page 13 of 35 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 Grov.1h 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 "A" 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 Chaplers 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. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and le~al sufficiency: { (--";;'/1 C'~ / ~ Heidi F. Ashton Assistant County Attorney -Page 2- LOT 10 Parcel I (I L!/ m I a:: 2..s: ......... cia:: >- --'L[) m(',j a:: w ::i --' o u r1 --,:z I ~a:: I <(- UO o I ~ :/ I Wf")f""-.. ~"'1 -1::'<<0 >8..... ZalV1 Of- t5 LOT 1 1 ""5<( 80..0- PARCEL 109 LOT 12 I~ :'.38 I I 25' 7' S E. I -C.R. Book 2~241 Co ::loge 160 I I FEE ~'MPLE INTeREST ...,. .. Co u") b o /- pos - - - - - L37 LEL0YCUL~~RAL_~0R~WAY .-- 120' R/W LEL Y RESORT '- PHASE TWO - P,LAT BOOK18."",,~\ -PAGeS A5--46) ! I '.- o 2.5 50 100 GRAPHIC SCALE N 109 Agenda Item March 1 Page o.10C ,2007 4 of 35 Legal Description The East 25.00 feet of Lot 12, Edison Vi11aoe, os reco....ded in Plot Book 4J paces 76 through 77 of the Public Record~ of' Collier County, F:orida. :ceing more por\icu1crly deScribed cs follows. Beginning at the southeast corner of soid Lot ~ 2, seid point olso be;.,g the ;r.tersectlon of the r:ortherly righ1-of-woy line of Lely Cultwral Parkway and the westerly right-oi-way line of Collier Boulevard; thence Sawth 8S':)S'31" West, along said nart'oerly right-ai-way line, a disto!'".;:e of 25.0.3 feet; thence leOYlng said line North OC'50'44" Ecst, a distance of 204,05 feet. to ~he nort~erly line of said ~ot 12; tr,ence Nor\h 88'0 ~ 'AS" East. along scid northerly line. a distance of 25.03 feet to 0 point on the westerly right-of-way line of Cellier Boulevard; thence South 00'50'44" West along said westerly right of way line. 0 distance of 204.10 feet to the POINT OF BEGINNING. Containing 5.102 square teet, mare or less. EXHIBIT :\ Paga-L of~ NOTES: 7. This is not 0 survey. 2. Basis of bearing is the Wesl line of County !?oad 951 (C.R. 951) being N 00'50 '44" f, norido State Plane Coordinates NAD 83/90, [osl Zone. 3. Subject to easements, reservations and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions ore In feet and decimals thereof. 6. Certificote of autharizollan LB 43. 7. R/I/i represents Righ!-cf-Wcy. B. P.O.B. represerits POJ'nf of BeginnIng. 9. p.O.C. represenfs Pcnnt of Cornmencemen i O. O. R. represents Offlciof Records. 71. L.2.[. represents Lcnasccpe Bu~fer Casement. 12. UE. represents Utility Easement. 13. F.P.L.E. represents nor/do Power &: Light Easement. 74. D.f. represents Drainoge Easement, 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. ::10 LINE LJ7 US I LINE TABLE I LENGTH I BEARING I 25.03 i SSS'OS'31"W I 25.03 N88'01 '48"E I DAVID J. H "ATT, (FOR THE FiRM) tLA. LIe I:). 5B3~ NOT VALl WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL, OF A FLORIDA LICENSED SURVeYOR AND MAPPER ' . E., CHl FU:: IC-41 This is NOT 8 Survey. Wi/.Miller -~=-- ,....,.,.&v-t.~..,...,.,...~~.~~ ~..-.ilc. :IfQl...,.....JD:l......Arl:III~.,.............,.". 2>>-.,....,.......---..,._ I PllC.IEI:T NO: SHEET N5015-SQU-OOJ 109 t:1F X 1-..cI INDEX NO: lC-41 I~ U'J~ 15. 2:.115 - ~)9" ~ ~,_'J ::,SG':"""i:=.lx '. :;1, P\COIIE': r;\'c\Cl-i.::'~i-i:i1\ I C -~ 1\ L:::~ ')' :l1LTL'r~A,- ~tOK"'.'AY ~ ~:;"-i:::CR[EK DRivE d....g I TEMpORARY 1 CONSTRUC~ION EASE~ENT DURATION I '~., YEARS. , I I .---.---..--.....----. Parcel 709 LOT 10 I (! ~ (j ~ ..Jz I .s~ ~ n: I on: <(0 I ::G I US' I w ) ~ :/ I U I !:,~ I 1 I 7' SE. f l..-,' '-O.R. Book 2124 , Poge 160 L40 I 1 r I 25' L.B.E.--". & D.E. ' W,...j'r---. 0...,.... :5",1 ~otO >0"'" ZCDv> o,.....t3 ~:5<( 8CLQ. LOT 11 25' L.B.E. & D.E. 25' V Ln.! o 0 ...i ~I ~ ~I ~~ w 3:::ct ~v ;v'!'iii b ~ b Lf) . iii: I~ PARCEL ~ ~: I' - --709 -- '-18'".,-poc _ _ _ _ _ ' . '/ 25.03' ~ c.39'~ S88'08'31"W POB LELY CULTURAL PA~WAY - G' -12o'R7W LELY RESORT PHASE TWO - PLAT BOOK \ 8, - - PAGES' 7+5:4"6- LOT 12 + N I ~o 100 GRAPHIC SCALE ~- D " 200 LINE I L.39 L4Q E., 0.10C ,2007 5 of 35 Legal Description The West 8.00 feet of the Easterly 33.00 feet of Lot 12, Edison Villoge. os recorded in Plat Book 43, pages 76 through 77 of the PUblic Records of Collier County. Florida, being more particulorly described os follows. Commencing at the southeast corner of said lot ~ 2, said point also being the intersection of the northerly right-aI-way line 01 lely Cultural Parkway and the westerly right-at-way line of Collier Boulevard; thence South 88'08'3'" West. olong said northerly right of woy line, 0 distor,ce of 25.03 feet to the POINT OF BEGINNING: thence continue South 88"08'3'" West, along said line, 0 clstonce of 8.01 feet; thence leaving SOld li~e I~orth 00'50'44" East, 0 distance of 204.04 feet to the northerly line of said Lot 12: thence North 8S"01 '48" ::ost. along said northerly line, 0 distance of 8.01 teet: thence leaving said line South OCJ50'44" West, 0 distance of 204.05 feet to the POINT OF BEGINNllolG. Containing 1,632 square feet, more or less. EXHIBIT Pa~ .9 of ;78.. - NOTE:S: ,. This is not a survey. 2. Basis of bearing is the West line of County Rood 95' (CR 951) being N 00"50'44" [, Florida State Plane Coordinates NAD 83190, Eosl Zone, 3. Subject to easements, reservations and restrictions or record. 4. Easements shown hereon ore per plot, unless otherwise noled. 5. Oimensions ore in feet and decimals thereof. 6 Certificote of authorization LB 43. I. RIW rep'escnts RighI-of-Way. 8. P.O.B. represeMs Point of Beginning. 9. P.O.C. represents Point of Commencemen ;0. O.R. reoresents Offici,,] Records 11. L.8.E. represents !..onds:;ope B:.Jfer [osemen!. 12. U.E. represents UWity Easement. 13. F.P.L.E, represents Florido Power & Light E:asemenr. 14. D.E:. represents Drainage E:osement. 15. S.f:. represents Sidewalk Easement. 16. P.U.E:. represents Public Utility E:asement. BEARING : S88'OB'31"W N8B"O 1 '48" E ~jr!t C1 . ,--).J /'-11.,1. DAVID J. H 'i~1T, P"_'.M. (FO.'? THE: F1"?M) FLA. LlC. Nt). 5834 NOT VALID WITHOUT' THE: SIGNA TURE: AND THE ORIGINAL RAISED SEAL OF Ai FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wi/.Mlller __.=--=-M .........~.~.........,..,.~........~~ _,he. ,W)....,.......101J .__~.NIIHC)'.1'lw. ~.fv,....... ...... -........- CMI FUl lC-41 1PRC:l.'l!CT NOI SHEEr N6015-S0U-OOI 709 O1X DIIMIG IIlEX NOI IC-41 Et: \~C" :)9, "2006 _ 1022:0' TOsBORN~lx\SUR\coll;er blvd\CH2MHil\\ ~C-4'\LELY CULTURAL P,dRKWAY-lONECREEK DRl\IEdwg LEL Y CULTURAL PARKWAY ~ .~t!!._ LEL Y RESORT PHASE TWO PLAT BOOI< 18, PAGES 45-46 --~ I I I LOT 10 PARCEL 110 LUn-f'. 5v~ -'>L<i:J 50" o ZroUl 0....t5 \:2:3< 8a.a. LOT " 25' L.B.E. & D.E. LOT '2 _ _ --=-- ~ ~--=:J Parcel 110 ,I '_42' 25' 7' S.E. I -O.R. Book 2'24f . Page 1 60 , I FEE SIfi.1PLE INTEREST I ~: . I /! I I I I uJ OJ I 0::. 2.~ "-., 00::. > i :;: ....J"-., <(0::. z <(- UO o os~ I / ~/ I 0::. W ~ ....J o U I~ I 4 w '00 LINE L41 L42 LINE -; ABLE i LENGTH I BEARING I 25.03 ! 588"01 '48"W 25.03 I N88'01'4S"E I SCALE I PIlCUECT NO: SHEET N6015-S0U-OOl 110 Agenda Item March 1 Page o. 10C ,2007 6 of 35 Legal Description T~e East 25.00 feet of Lot 11. Edison V;iicge, os "e:::orced in Plot Soak 43. ooges 76 through 77 01 Pie Public Records of Col:ier Co'...:nty, r=!oricio. being more ;JortiClIlcrly descri~ed os follows. Beginning at the southeast carner of said Lot ", said point also lying on the westNly right-of-way line of Collier Boulevard: \ner,ce Soc;\h 88'01'48" West c:ong tr-e scuthe"jy tine of soid Lot i i I 0 ::lstcnce of 25.0.3 feet; the~ce leaving said line North OC'50'44" East. a d!storce of 225.01 feet to the northerly line of sCfd ~ot 11: thence "orlh 88'0"48" Ecst. along said northerly Jil1e. 0 distance of 25.03 feet to the northeast corner of said Lot l' end c point on said westerly right-of -way line; the:1ce SOL.:th ,:)0"50'44" Iflest along the westerly right of way line of scid Sollier Boulevc~d. 0 disto'1ce of 226.01 feet to the FOIW OF BEGINNING. Containing 5,650 square feet, more or less. EXHIBIT Pa~ of ..:; -- NOT[S: 1. This is not a survey. 2. Basis of bearing is the West line of Coun ty Rood 951 (C.R. 951) being N 00'50 '44" f, Florida State Plane Coordinates NAD 83/90. [ost Zone. J. Subject to easements, reservations and restrictions of record. 4. [osements shown hereon are per plot. unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6 Certificate of ou~hDr;zo!io.'"! LB 43. 7 q/w rept'''e5ef')~S Piqi,t-o( - Viay. 8. P C. e. represents POint of 8egin.cirg. 9 P.o.c. represents p;J,",""r of Ccmmenceme,'" 10. 0 R. r~;Jres!:nfs ::J(fi{;r-:;: R5cords. ; 1. ....6'.[. r<?r::"'esefit~ LOf'iGSCODe Bu~fer [Qserr:e,'''d. 12. Uf. represents Ulility fosement. 13. F".P.LE represen!s Florida Power & Light Easement. 14. D. f. represents Drainage [osement. 15. S.[. represen!s Sidewalk Easement. 76. P.u.[. represents Public Utility Easement. , .. DAVID J. HYATT. FIRM) FLA. Lie. NO. 5 34 NOT VALID WITHOUT TH[ SIGNA TURf AND TH[ ORIGINAL RAISED SEAL OF A FLORIDA UC[NSro SURVfYOR AND MAPPfR This is NOT a Survey. Wils(lnMiller -_.~.=-- ,...,.....w--r.&o/loIIIIJ.~.~~.~~ _.he. :tlQ)...,.....ID1J......fItIn:fIl'QHlt'...... ........,...ftJ ,....,...,.~_........._ ~..lor 13.2006 - 14~'9:29 TOS8':JRNEIX:,SUR\Colli€-r blvd\C\..!2MHiil\lC-4)\..~LY CULTURAL PA.RI<.wAY-~ON[CREEK Oli'1V[ DINg Of" X _ HlfJl _ lC-41 I~ o 0 ID l.O w N N , N,N IV ,W ~ 12; .~: ~'Iii o 0 z "U1 _ 25' POB ...----- PO C 25.03 S88'01'48"W I 7' S.E. - O.R. Book 2 \ 24, Page 160 I LOT 10 L44 PARCEL 710 Wto'"),..... 0......... ::s I --'''<0 >8.... Zco(/) o.....~ \!!s< 811.11. LOT 11 8' LOT 12 ~ LELY CULTURAL PARKWAY 1 20' R/~_ - _.,"_.._--~ LEL Y R:::SORT PHASE TWO PLAT BOOK 18, PAGES 45-46 ----~ - .-. -----. --- --"+- i N \ - - o 2~ $ 100 GRAPHIC SCALE Parcel 710 0.10C ,2007 of 35 rl I Legal Description The westerly 800 feet of the easterly 33.00 feet of Lot 11, Edison Village, os recorded in Plot Book 43, pages 76 through 77 of the Public Records of Collier Counly, >torido, being more particularly described os follows. 'L2S' L.BE. & D.E. Commencing 0\ the southeast corner of said Lot 11, said point also lying on the westerly right-of-way line of Collier 80ulevord; thence South 88'01 '48" West, along the southerly line of said Lot 11, 0 distance of 25.03 feet to the POINT OF BEGINNING; thence continue South 88'01 '48" West, along said line, 0 distance of B.Ol feet; thence leaving said line North 00'50'44" Ecst, 0 distance of 22601 feet to the northerly line of said Lot 11: thence North 88'01'48" Ecst. along said northerly line, 0 distance of B.Ol feet; thence leoVl"g soid line South 00'50'44" West, 0 distance of 226.01 feet to the POINT OF BEGINNING. :... Containing 1.BOB square feet, more or less. EXHIBIT .; Page~ of--.2 I /: ( I NOTCS: ,. This is not 0 survey. 2. Basis of bearing is the West line at County Rood 951 (C.R. (51) being N 00'50 '44" [, Florida State Plane Coordinates NAD 83/90. Cost Zone. If) (]) I a:: 2::!:: ........ cia:: > - -1L.1) CDN a:: w ::J -1 o U r1 -1Z I <I:: a:: Z <1::- UO I ~ / I 6. Certificate of authorization LB 43. 7. r</w represents Ri911t-of-Way. 8. P,O.B. represenls Poi,~t of Beginning. 9. P,O C. rep....esents Point ':Jf Commencemen f O. a.R. represen/s Official Records. ~ i. L.8,E. represents Landscape Buffer EosemenC 12. U.[. represents Utility [osement. 1 J. F.P.LE represents Florida Power & Light Easement. 14. D.[. represents Drainage Casement. 15. S.E. represents Sidewalk [osement. 16, P. UL represents Public Utility [osement. 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 I h ereat. I~ I TEMPORARY CONSTRUCTION EASEMENT /l DURATION hi YEARS. I "'0 DAVID J. WATT, .SM. (FOR THE: FIRM) FLA Lie. NO, 5834 NOT VAUD WITHOUT TH[ SIGNATU.q[ AND TH[ ORIGINAL RAIStD S[AL OF A FLORIDA UC[NStD SURVE:YOR AND MAPP[R BEARING S88'01'48"W N88'Ol '48"E This is NOT a Survey. E.. Wils(lllMiller -,-,;,;:,=-- fMwI.~.~.an.,:n.~A/'d'lkdI.~b!~ _.1Ie. __...... ,../'t:I'MI.M&fJP.,.. ..........,. ~ ,............... -.......- <>>oD fUl lC-41 PlIOJECf NO: SHEET N6015-SQU-OOl 710 OIF X DIlM'INlJ HlEl NO: lC-41 IlE.Vl "~or 1 J. ;~OE _ ~ ~ t ~ 49 TOSBORNE1X-\SUR\colllt!f b1vd\CH2MHil1\ 1 C-4 t\LEL Y CULTURAL PARKWA'f-LorKCREEK DRtVE.dwg C/l. ~"'''"' 0""'- ~~.!. wo_ :::;;0 --=(l)i::J 0::1-0 i;i~~ C/l LONE CRE~[)R1VE_ ---so-- - R/W W!"":i,...., 5v'l ...J"'", 58"" Z(l)C/l o W C/l....0 -:5--= 8o...CL - -TRACT -H lOT 10 ~ :::. 'oJ 25' & POB I FEE SIMPLE INTEREST I i I I I Parcel 111 I-\genaa tem o. 10C March 1 ,2007 Page 8 of 35 Legal Description A portion of Lot 10, Edison 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 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 corner of said Lot 10; thence South 88'01 '48" West along the south line of so',d Lot 10, 0 distance of 25.03 feet; thence leaving said south line North 00'5()'44" East, 0 distance of 32.02 feet; thence South 89'09' 16" East, 0 distance of 10.00 feet; thence North 00'50'44" East, a distcnce of 193.78 feet to the northerly line of said Lot 10; thence North 88'01 '48" Eost along said northerly line. a distance of 15.02 feet to the POINT OF BEGI'-INING. Containing 3,59B square feet, more or less. EXHIBIT 0--..< of ~I . ~~ -...::..::Y- 7' S.E. I ...J - -O.R. Book 2124/ Page 1 50 I PARCEL 111 LOT 11 lOT 12 + N ~- C 2!l 50 laD CRAP rllC SCALE Revised bearing direction I I I I , i ) !~ ('I ::' I l{) Gl I 0:: ~:;: ""'"' ciO:: > - -ll{) lIlN 0:: w ::::; -l o U 200 C1lD FlZ: lC-H NOT[S: 1. This is not a survey. /! I I :;: ...J"",", <to:: Z <t- UO o 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 83/90, East Zone. J, Subject to easements, reservations and restrictions of record. 4. Easements shawn hereon ore per plat, unless otherwise noted. 5. Dimensions ore ;n feet and decimals thereof. I I I } ,/ I I I 6. Certificate of authorization LB 43. 7. .,/\/V/"'epresenfs F?lg"'~-c(_lrA.lay B. P.C.B. represents Point of Beginnh"g. 9. p.O.C. recresents Point 0.' Cc..-r.mence"i"ren i 0 0, R. represents Of(icrol RecDrds. ; ,. L.5.[. ,"'epresents :....cncs~ope cuffer [cse,~e!iL 72. U. E. represents Utility [osement. 13. F,P.L.E. represents Florida Power & Light Eosemen t. 74. 0.[. represents Drainage casement. 75. S. E. represents Sidewalk Easement. 76. P. UE. represents Public Utility Easement. LINE L45 L46 L47 L48 , liNE TABLE I L~NGTH BEARING 25.03 'S88'01 '48"W ! 32.02 'NOO'50'44" E I 10.00 S89'09"6"E! 15.02 I N88'01'48"E I C>' ( '--)........!c{1J1^ DAViD ,I '4'(~'7T. ,d .~V (FOF? T'-<[ FiRM) FLA LlC. NIJ. 5834 NOT VALle WiTHOUT THE SIGNATURE AND THE ORIGINAL RA!SED SEAL OF A . FLORIDA LICENSED SURVeYOR AND MAPP[R 03/06 This is NOT 8 Survey. Wi/sqnMiller --~-- ~'~'~''''''''''.l'''''~'~'''~ _.t>:. .1XO....,.....i.tl.,..."'"*~."'- ~.AI..,.,.....,........ _.........._ PllOJEl::T NO: ISlET N6015-S0U-001 111 ~x I~ NlEX NO: 1C-41 REY: r~b 21, 2006 - ~.!;. 4>] TC:;B:)P~~::!X' S",R\ r(,'I'er bJd\ C...;:".1Hil'< S'" &. :J\LEL v C'JLTL~PA'_ PtIRV\,,.'AY -LO\EC~E[I' C,r.WE.dwCl 0.10C ,2007 of 35 A Porcel 711 A I ~1 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 aescribed os follows. Vl. ~Ol"l 0"1- Cl I <:><:- wo_ ::;:0 CIl(ll <: w !l:....t:> !l:<:<: ~~~ (~ ?; I ...J'-.., I ~a:: I <<:. I u ~ V Commencing at the Southeast corner of said Lot 10 said point also lying on the westerly right-or-way line of Collier Boulevard; thence South 88.01 '48" West, along the southerly line of said Lot 10, 0 distance of 25.03 feet to the POINT OF BEGINNING; thence continue South 88.01'4S" 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" Ecst, 0 distance of 8.00 feet; thence South 00.50'44" West, 0 distance of 32.03 feet to the POINT OF BEGINNING. l/) Ol I a:: U:;: '-'"'-.., ciO::: >. -ll/) CDN _ ________--1__ lONE CREEK DRIVE" --sfi'R/w 0::: W :::i I 8 ~ '... I~ PARCEL Ib 711A "'. 5>1 _I~ ~N' " on 8' -.J -- I 39~'~;'~~0~~s"w POB LOT 11, 7' S E. --, -O,R. Book 2124t Page 160 I T.~ACT - H' - - - --------1 I Containing 258 square feel, more or less. EXHIBIT PagelL- of ..'~~ LOT 10 W .. t:>"l,... 5"''1 ...J><:lD 50,... o zooVl o.-t5 ~<(<: 80:0.. NOT[S: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" [, Florida State Plane Coordinates NAO 8J/90, East Zone. 25' L.B.E.--1 & D.E. J. 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. Certificole of outhorizotion La 43. 7. R/W represents Right-of-Woy. 8. P.O.8. represents Point of BegInning. 9. P,O,C, represents POint of Commencemen 10, O.R. ,'epresents Official Pecords. it. L.B.E. represents Londscope Buffer LOSemetft. 12. U.f:. represents Utility [osement. 13. F.P.L.E. represents Florida Power &: Light Eosemen!. 14. D.E:. represents Droinage E:asement. IS, S.f:. represents Sidewall< Easement. 16. P.U.f:. represents Public Utility Easement. LOT 12 TEMPORARY CONSTRUCTION EASEMENT DURATION :~} YEARS. + N D0~~j,1 ~u? DAVID J. !-IY,,"T, P.~ (FOR THE FIRM) FLA Lie N'6. 583'1' NOT VALID WITHOUT TH[ SIGNATUR[ AND TH[ ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER '.- 2!t 50 lOa GRAPHIC SCALE 100 This is NOT a Survey. WI/.Miller _N'~r.=.... ,.."....~.~.~'~~.~Ial'I~ _,he, ;I2ClI~_"'JIllCl,,,,,,,"".JC&<<Il1''''''''' ~.kI ir3I"-,.,.......... ..........._COI E., I~ \DIlMIIIG INDO IIlll JC-41 PllOJE:CT IIlll SHEEr N6015-S0U-OOJ 71JA 01 X eN) I'I.El lC-41 '.br 1.3 ::006 _ . .3:se 58 TOS80RI'-IE!X:\SUR\collier bllld\CH2MHih\ 1C-41\lELY CULTURAL PA.RKWAY-LONECR(EK DRIVE dwg (/). ~a>", O"'~ ~~l u.JO~ :;0 m(/) ...: u.J 0::>-<.;> (;j~a: (/) Wnr--.. 5~'1 ...J"'<o 58" 2m(/) o~~ ~::i...: 8o..Cl. .1-, 'I : : u.J !'... ;~ ,. '0 U) b o 25' L.B.E.~ 'I~ & DE. I lONJ:.i;:!3. EEJS_D R I'{E -- 50' R/W TRACT H - - - - -25'-L-:B:E:-~ & DE. ~. LOT 10 8' PARCEL 711 B LOT 11 LOT 12 1_ - o ~5 50 + N I I I I 1 I TE~PORARY ! , CONSTRU~TmN EASEMENT DURA TIO~ YEARS. I I II J _ ~ 15.02 S88'01 '4S"W c~. ./POC ~~OB ~ -, '~ U) bl ~ ~15' ,....; / C"l w .... :"" o U) b o 2 ~53 I I 7' S.E. I O.R. Book 2124, '? ___ I i I Parcel 711 B (i I : := ...J"- <(0::: Z <(. UO o I I I ! ;/ LINE L53 L54 LINE TABLE I LENGTH I BEARING i 8.00 I N89'09'16"W I 8.01 'N88'0I'48"E I Rev 1) lI} m I 0::: 2:= "- ciO::: >. ...JlI} !DN i I i I I i~ I , a:: w :J ...J o U I 200 direction ~ FIE: lC-41 03/06 Agenda Item March 1 Page 2 0.10C ,2007 of 35 Legal Description A portior. of Lot 10, 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 rortheast corner of seid 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 lioe of said Lot 10, a distance of 15.02 feet to the POINT OF BEGINNING: thence leaving said line South 00'50'44" West, a distance of 193.78 feet; thence North 89'09'16" West, 0 distance of 8.00 feet; thence North 00'50'44" East, a d'stance of 193.39 feet to the northerly line of said Lot 10; thence North 88'01'48" East along said northerly line, 0 distance of 8.01 feet to the POINT OF BEGINN'NG. Containing 1,548 square feet, more or less. EXHIBIT ~ I of .') I~_- NOT[S: ,. This is no f 0 survey. 2. Basis of beoring is the West line of County Road 951 (C.R. 951) being N 00'50'44" E, Florida SIale Plone Coordinates NAD 83/90, fast Zone. 3. Subject to easements, reservolions and restricflons of record. 4. [osemen ts shown hereon ore per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of outhorization LB 43. 7. P./W reor-eSEr: ts .;:;:;gh! - 0.'- a-coy' 8. ;::'.0.8. represep1ts Pc,inl of Beginning. 9. ,oC.C. rep"'eser.t~ Point of CornmeTiCe,""'nen 10. C.R. r-eor'':;!set1ts Cf'i=:icf i?eco"cs. '1. L.BE rccresenls Lo.cdscope Buffer ~cse('""1~nL 12. u.[. represents UtiHfy Easement. 13. F.peL represents Florida Power & Light [asement. 14. DE represents Drainage Easement. 15. S.[. represents Sidewalk [osement. 16. P.U.E. represents Public Utility Easement. DAVID J HYIvTT, f''''. i (FJR TH[ FIRM) "LA Lie Nd 5834 NOT VALID WITHOUT iH[ S/GNA TURE AND iI-IE Of?IGINAL RAISW SEAL OF A FLORiDA L1C[NSW SURV[YOR AND MAPP[R This is NOT 8 Survey. Wi/s(mMiller _._~'="M ,....,......~.~.~.~~.~.,...noIrllCcrU... W'""",,,_,hc:. lItD,.."......XC.........."t:o'MI:NI:lJ.IIl7.,.... ~.,...~......... _........_ PIlllJE1::T NO: SIEEr N6015-S0U-OOl 711B OF X ~ ta:X NO: tC-41 Rf.Vl Vcr- ~.3, .:r;;~,[, - . .~4g 42 TOS80R"JEIX;\SUR\coLier blvd\CH2MHiJl\ 1 C -41\lEl Y CULTURAL PARKWAY-LONECREEK DR,V( dWQ Parcel 71 6 \ I;, TEMPORARY qO~STRUCTION EASEMENT [0 RATION YEAR8:T 5 I I I I I -I 1 1 LOT 14 rO~ p U.E. \ SEQUOIA DRIVE TRACT N8T48',9"E 272.38' L78 01 ~ a::L.o,: <(0 O' >' .0 wi o'f' --.Ji NO :Ji 0 _____ 0' -1 coi ,,/ 10' Ill! I P .U.E. ~!I : ~ I W 1 ::::!' I ~! I a:: 1 a:; 1 W I Vi : I I S87'48"9"W PARCEL 716 (fl ~"'t') 010_ 0",1 iSo:: ::;;0 !D[/I ~~W cr5~ ~a..o... Vl LOT 6 Legal Description A portion at Tract A, Sequoia Drive, Sierra Meadows, less the easterly 30.00 teet, os recorded in Plot Book 39, pages 11 through 1:\ at the Public Records ot Coliier County, Florida, being more particularly described os follows. + Commencing at the southeast corner of said Troct At Sequoia Drive. said point elso being the intersection of Ihe westerly right-of -way line of Collier Bou'evard and the southerly right-of-way line of Sequoia Drive: thence South 87"48'19" West. along the south line of said Tract A, Seouoia Drive. 0 Distance of 30.04 feet to the POINT OF BEGINNING: t',ence ccntinue South S T 48'19" West, along said southerly rlghl-of-way iine. 0 distance at 20.03 feet: Ihence leaving soid line North 00'50'44" Eost, 0 dislonce of 24.37 feet: thence Jaulh 87"48'19" West, 0 distonce of 282.40 feet: thence North DO'5~'44" Eas\. a distance 01 20.02 feet: lhence North 8748'19" East. 0 dislor.ce of 10.02 teet; thence South 00'50'44" West. 0 distance of 6.00 leel: thence North 8748'19" East, 0 distance of 272.38 feet: thence North 00"50'44" East. 0 dls.tance of 38.39 feet to 0 point on tne t.Jo..th Right-of-VJoy line of Troct A, Sequoia Drive; thence Norlh 87'4-8' 1 g" E()st, along said r\ortherly right-of -way line, 0 dlstcr.ce of 20.03 feet: thence South 00"50'44" West, 0 distance c;f 75.78 feel to ~Me POINT or BEGINNING. Containing 5,549 sQuore feet more or less. N EXHIBIT Page C(,.., of-21. BEARING S87'48'19"W NOO'SO'44" E I N87'48'19"E I SOO'SO'44"W LINE I L7S " >00 L76 L77 L78 L79 Rev Revised per CH2MHILL design changes Rev Revised per CH2MHILL design changes Rev Revised per CH2MHIll design changes i II -!- 25' L.B.E. I & D.E. I I 1 'I I 'VTroct K , I 'I I I d I O. 10C March 1 ,2007 Page 1 of 35 L :':: .....J'-.. <(0: z ~ . UO o w 'v ,v :0 NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R. 951) being N 00'50'44" [, Florida State Plane Coordinates NAD 83/90, [ost Zone. J. Subjecf to easements, reservo/ions and restrictions of record. 4. Easements shown hereon ore per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. Certificate of authorization LB 4J. 7. R/W represents Right-or-Way. 8. P.O.B. represents Paint of Beginning. g. P.O.C. represents Paint of Commencemen 10. O.R. represents Official Records. 71. L.BE represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 74. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. .'S.M. (FOR THE FIRM) O. 5 4 NOT VALID WITHOUT THE SIGNATURE ANDJHE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wi/.Miller --:.==-- 1'liwrWf. &P'IMrI" ~,.....,..... ~~. rr......ibrl~ _.k _....II'II..."".,..~~.,..., ...........,., ,....,...... -............. CAD FIE: IC-41 fIllClJEl:f NO: IHEEI" N6015-S0U-OOI 716 OF X ~_NO: IC-41 lIE.\/: t.hl~ 09, 2006 _ 15:14:.36 TOSBORNtIX\SlJ,~\colli~r bivd\CH2MHill\lC-41\Lone Creek Or - Rotll.esnoke Hammock dwg POicel 517 _____w_______ ------------ ----------- .----------- _ __ __ _ _ ___ _ _ _ _ __ _ _ _ _ _ __ ___J kgenoa Item March 1 Page 0.10C 2007 of 35 RA~~~~_~KE_. H~I!'QS:~_ R~AQ_ 3'x4' SIGN t:ASEMENT /O.R.BOOK 3070, P. 1475 ..---.- - ----If:: Q~ - ~~-;,-~;: ~ ~~,-~--;; ;~;_;,n - - _u, i - - - -- ~ -TR~l-G! , ''',,',... ~""" ~ ,.'"'t . . ! ....J S8T4B'~9 w L_'.2.~i1... ___, -- -----..------- '-11' l25' L.B.E. PARCEL J & D.E. 51 7 Perpetual/ Non-Exclusive Slope Easement LOT 4 EXHIBIT I) Page~ of~ j~ LOT .3 SIt:RRA MEADOWS PLAT BOOK 39 PAG~S 1 1 -- , 3 i I m; T _________j,,'~~O~,i!09~ I I' -------j --1 \ I - ,- - -- - - - - I LOT 5 24' ACCESS EASEMENT AS DESCRIBED IN Legal Description The North 11.00 feet less the East 75.00 feet of Lot 4. Sierra Meadows, os recorded in Plot Book 39, pages 11 through 13 of the Public Records of Collier County, Florida, being more particularly described os follows. B~qinn;no at :he r,o...thwest cor"';er of said ~ct 4, s(<d pc;~~ also Iyiri~ 011 t'le SOJtrer:y righ: - oJ -w:JY line of Rattlesnake Hcm.~ock PCGd; thence t'Jorth ST48' j g" Eosl e1or-lt; scid sOutl-,eriy ~:~~t-cf -way line, 0 d[stonce of 272.38 feet to 0 Doint an ~he West line of the Ecst 7S.aO feet of Lot 4; Ihe""'ce So~th CD.SO'44" W~st clor~ said li.,e. a cls~cnce oJ 1 i.02 feet; t'~ncc leavj:"')g scic lir:e South 87.46'~9" V,.'est. c distcl"'\ce of 272.38 'e('t to ~''le .....cste~ly li"',e of ~oid Lot 4; he'\ce ~'J0dh O:;.5~J.t.4.' E:::st ~1"""'\-J said w!:ste..-iv lire, C d;s~or.:.e of . i .C2 fce~ ~o ',he POiNT or BEG'r.JN:\;G, Containing 2,996.18 square feet, mare or ,ess. GRAPHIC SCALE :::0 SEARING I SOO'50'44"W NOO'SO' 44" E 26 E., CAD FI.E: lC-~l I PROJEX:T NO: I SHEET f\601~-SOU-OOI 517 i": 1.!.];::, TOSBOF.NClx:\SUR\coliier t,i\ld\C'""2t.\hill\ 1 C-4 "\Lc:"le Creek Dr - Rot(lesnokl!! Hornmock: dwg OF X _ NlEX NO: lC-41 REV> ~ky C;, :::SJ€ I I i r!(1 ::' I I lJ) I 0> I I I I ;;:: 2~ I ~~ I c:i a:: I <5 0 > 0 .....JlJ) mN ~J ! y-.oct K i l~ ..,. 1~ .0 1J"1 b o I. ,Z I i/ I NOT[S: 1. This is not 0 survey. 2. Basis of beorino is the West line of County Rood 951 (C.R. 951) being N 00'50'44" [, Florido State Plane Coordinates NAD 83/90, [ost Zone. 3. Subject /0 easements, reservations and restrictions of record. 4. Easements shown hereon ore per plot. unless otherwise noted. 5. Dimensions ore in (eet and decimals thereof. 6. Certificate of authorization LB 4.3. J. k,/~,r ,.eoresen!s Right-of-Way B. '::'.c.3. "'-ep"esenrs Point of E;'c'Jirr.;"'9 9='. O. C rCDr~ser. ts POint of Ccr-r,rr"er;ce,'-rH:n ; J. C.R. rep-rese"~s 01(':601 Records. ; ,. ;...- 8.[. r-:-prescnfs Lor.ds;::oDe SufFer ::~5e."'"""Ie_"'t. 7 2. UE represents Utility [osement. 1.3. F.P.L.E. represents Florida Power & Light Easement. 14. o.E. represents Drainage Easement. 15. S.[. represents Sidewalk [osement. ;6. P.U[. represents Public Utility [asement. C;;..-/ 1 \ . ,~c\'l DAVID J.H/ATT, i/. .S.M. (FOR TH[ FIRM) FLA. LlC. NO. 5834- NOT VALID WITHOUT TH[ SIGNA TUR[ AND TH[ ORIGINAL RAIS[O S[AL OF A FLORIDA LlCENS[D SURVEYOR AND MAPPER This is NOT a Survey. Wil.Miller -..~"_.. ,..."...~.~.an.,..n.~~.~~ WlfonUw, hi:. 2il'ClCl..,.....J\XI.__~~.,...~.hJ nJ.~....... _.........._ RATTLESNAKE H~Mo.~~_ R-2AI2.____ - --"-- - 3'.4' SIGN EASEMENT r._O...R.._B.O_.OK 3070, P. 1475 SOO'50'44"W 11.02' . ---.-.----\----.- .Ti<ACT G:, I .-.POB---..--......~.-;-..-- ~ ~ l,." : 1:- ( :\ (I J~ ~ I LOT 4 Ibm I ,"'1 I I :s: I II~ S~ I ~ ~ I '0:: <to 52 u 8 I ~~ ~ ' I I Parcel 717 --. -- -.. --.... - ----- - -- -- --.... --- ._-- --.... --- ----- -- -.. -- -- ----- ---- , _____~______.J --- POC -....---------- - r-: _ C" 07'-48'-1 g"..w 2-7~ .-3 S' -1-- -:><0 25' L.B.E. PARCEL & D.E. 717 ------" LOT 3 SIERRA MEADOWS PLAT BOOK 39 PAG!:.:S 11 - 1 3 \ 24' ACCESS EASEMENT AS DESCRIBED IN r O.R. BOOK 2909, I_~ ___________L-~A~~~~3~-, hl_:____________ .'1- ------- -1 I 1 LOT 5 Legal Description The South 5.00 feet of the North 16.00 feet less the East 75.00 feet of Lot 4, Sierra Meadows, 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 northwest corner of soid 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, 0 distance of 11.02 feet to the POINT OF BEGINNING; thence North 67'46'19" Eost, 0 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 distonce of 1102 feet; thence leaving said line South 6T46' 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 distance of 11.02 feet to the POINT OF BEGINNING. Containing 1,361.90 square feet, more or less. + TEMPORARY CONSTRUCTION EASEMENT DURATION YEARS. N ~- I o ~~ 50 100 GRAPHIC SCALE LINE L174 L175 ~oo Agenda Item I March 1 Page 2 .10C ,2007 of 35 n:: , , rl ~ ,~ K yTract NOTES: 1. 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 Stole Plone Coordinates NAD 83/90, East Zone, J. Subject to easements, reservations and restriclions of record. 4. Easements shown hereon are per plat, unless otherwise noted. 5. Dimensions ore in feet and decimals thereof. 6. CcrUfi=ote of cuthorizotion LB 4..3. 7. P/W represents Ri;hf-o(-W=y. 8 p.O.8. -"cp."csen!s Po,.,t of B~ginf1;ng. g, p.O.C. represents Point of CorM.~e"Cemel"'l i O. O. R. represents Official Records. i 1, L.B.[. represents Landscape Buffer Casement. 12. U.E. represents utility Easement. 13. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. r~;:resen!s Draincge [osemet1L t 5. S. c. reorese,,!s Sidewo/k Easement. 16. P.U.E. reoresents Public Utility Easement. ,< EXHIBIT Page-1fL of~ "ATT, I=<(.M. (POR THE nRM) FLA. Lie. NO. 58 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED StAL OF A FLORIDA LlCENSro SURVEYOR AND MAPPER This is NOT a Survey. Wil.,Afiller -~~.=.. ~.~.~.~.~kM<<b.r,.......,,~ W-~.I'>e .>>OO...,.rw....l'Ot!......,.,.S<<IhtlIt'."'- ~.kl ,.,..,......... -......... CI.Il FU: IC-41 fIlIO.lCrr NO: Sl-EEf N6015-S0U-OOl 717 OF X ~ NIDC NO: IC-41 !lEY: Mn"- 0'3. :-~!(lt? _ ~~::',o!'.35 TOSGORNEI).::\SIJR\coll;e' blvd\CH2t....u-rI1l\ 'C-41\Lon~ Creek Dr - Roltlesr.oke Hommockdw9 TRACT C Parcel 118 !~ ~ lRACLR-=.l._ / ' "I - - -:/,-/"L - - - --. , / {~.' . TRACT B ~17' P.U.E. I FeE St~PlE INTE~ST I '~;~PO~ ~ I 15' ~ -!~ I <(0:: Z <(- UO o 20' ~ I TRACT A L() Ol I 0:: 2.?!: "'- ciO:: >. -!L() CIlN 0:: W ::J -! o U NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 PARCEL 118 TRACT H : __~ _____ __ _______. _ _ _ _ _.J RATTLESNAKE tl~MMOCK _ R.9~ - - - 10Q' R/W ----- --- - - - - ----- ..-- - -- - --i TR::: : i SIERRA MEADOWS PLAT BOOK 39 P^CES "-"+ N '.- I o 25-!lO 100 200 GRAPHIC SCALE DELTA 86'56'38" LINE L79 L80 BEARING I N31' 37' 33" E S89'OS'50" E REVISED PER CH2MHILL REVISED PER CH2MHILL 10/06 05/06 TMO/,965 TMO/1965 E", .aIXI..,.....IDO......~~...... ~."." J>>..,............... _.........._ IlEY\ Ql\D FLE: lC-41 Agenaa Item March Page o.10C 3, 2007 4 of 35 Legal Description A portion of Tract A, 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. Beginning at the northeast carner of said Tract A, said point also lying an the westerly right-aI-way line at Collier Boulevard; thence South 00'50'44" West. along said westerly right-at-way line, 0 distance of 328.37 feet to 0 point of curve to the right having a radius of 25.00 feet, a central angle of 86"57'27", and 0 chord bearing of South 44"19'29" West, a chord distance of 34.40 feet; thence southwesterly along the arc a distance of 37.94 feet; thence leaving soid line North 31"37'33" East, 0 distance of 16.94 feet; thence Norlh 00"50'44" Eosl, 0 distance of 338.79 feel to the north line of said Tract A; thence South 89'05'50" East olong soid northerly line, a distance of 15.00 feet to the POINT OF BEGINNING. Containing 5,230 square feet, more or less. EXHIBIT A pageJL of..,li NOTES: 1. This is not 0 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, 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 4.3. 7. R/W represents Right-or-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O. R. represents Official Records. 11. L.B.E. represents Landscape Burfer Easement. 12. U.E. represents Utility Easement. 1.3. F.P.L.E. represents Florida Power & Light Easement. 14. D.E. represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.UE. represents Public Utility Easement. 17. L.E. repersents Landscape Easement. ''ATT, .S.M. (FOR THE FiRM) O. 58.34 NOT VALID WITHOUT THE: SIGNATURE: AND THE ORIGINAL RAISED SfAL OF A FLORIDA L1CENSE:D SURVEYOR AND MAPPER This is NOT a Survey. Wi/.Mi//er --==-. """".~.~...".,.....~~.r,~~ W-__, he: PIIDoIECf NO: IID:f N6015-SQU-QOI 116 OIF X __NO: lC-41 Oct 04, 2006 - 07:22:5.3 TCS60RNElx \SUR\collier b1vd\CH2MHill\ 1C-41\Noples \...okes Shoppin~ Center.dwg TRACT C .lB~~..:L.B..::..L... 'I ~-_ ;0L=-- ____ L~..n.l I "TRACT B I I I /... ! L (/ I ,--17' P.U.E. 5' I !-15' 20' L.E.- L ;.... ;"1 ~ ~i '" '" ~ ~J :7; :7;1 . b bj"" 0:: 0, W "'\; j o 0 iLJ ---..------ ,.- ~ TRA~~_~_____ ______ _ __ j ---. .-- ----- ----- TRACT A NAPLES LAKES SHOPPING CENTER PLAT 'BOOK 36 PAGES 98-99 PARCEL/ 718 RAlTlESNAKE jj~M~K _R.9~ - - - 100' R/W -- -------- --.-- -.-------- ----, 1 TRACT G LOT _4 SIERRA MEADOWS PLAT BOOK 39 PAGES 11 - 1 3 Parcel 718 l{) Ol I 0:: 2.:= ........ aO:: >. ....Jl{) aJN I I ~ ....J~ I <1:0:: Z <(. uO o TEMPdRARY CONSTRUCTION EASEMENT DURA nON 3 YEARS. N '.- o 20 I 200 I 50 100 CRAPHIC SCAlE Rev Rev Revised per CH2MHILL 10/06 Revised per CH2MHILl 05/06 Revised distance in description C/oD FUl IC-41 !/ LINE L83 L84 Agenoa ITem March Page 0.10C 3,2007 5 of 35 03/06 Legal Description A portion of Tract A, 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 northeast corner of said Tract A, said point also lying on the westerly right-of-way line of Collier Boulevard; thence North 89'05'50" West along the northerly line of said Tract A, 0 distance of 15.00 feet to the POINT OF BEGINNING; thence leaving said line South 00'50'44" West, 0 distance of 338.79 feet; thence South 31'37'33" West, 0 distance of 9.77 feet: thence North 0.0.'50.'44" East, o distonce of 347.17 feet to the northerly line of said Tract A; thence South 89'05'50" East olang said northerly line, 0 distance of 5.00 feet to the POINT OF BEGINNING. Contoining 1,715 square feel, more of less. EXHIB[T .A De--. I ~ f" ..) · gtfO"~O~ NOTES: 1. This is not 0 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 8J/90, Easl Zone. J. Subject to easements. reservations and restrictions of record. 4. Easements shown hereon ore per plot, unless afherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization LB 4J. 7. R/W represents Right-of-Way. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Pain! of Commencement. 10. O.R. represents Official Records. 11. L.B.E. represents Landscape Buffer Easement. 12. U.E. represents Utility Easement. 1.3. F.P.L.E. represents Florida Power &< Light Easemenf. 14. DE represents Drainage Easement. 15. S.E. represents Sidewalk Easement. 16. P.U.E. represents Public Utility Easement. 17. L.E. repersents Landscape Easement. TT, ..M. (FOR THE FIRM) FLA. LlC. N . 58.34 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, Wil,-iller _-:O~=-.. ,.."... . &...- . ..... . ..,.,... . L..-.... NdlIItCI . 'rlftlPCl'llb ~ _.hI. -...... ......,..............,... .........,.,. ....... ...... .......... PIIO.lECI' NO: IHEEI" N6015-S0U-OOl 718 fE X _ IIlEX NO: IC-41 REV: Mar 14, 2006 - OB~29:39 Tos8oRNQX\SUR\cotlier blvd\CH2Mrlill\ lC-41\Nopln lakes Shopping Center.dwg I I I ,:::-_.I~C~t~ -J.,ePCBSIGN EAS~MENT ,---- - --' 25' 0 R BOOKI3'51 - I 15' F.P.L E.- -] - L9() pl-GE 3~ 12 OR. BOOK 2980 - 15' I P. .3120 ., I I r--17' P.U.E. l TRACT C ~ TRACT B PARCEL 119 FEE SIMPlE INTEREST Parcel 1 19 20' L.E. 20' I ri ~ I I I (! -1Z I <cr Z <- uO o I tf) O"l I I I; cr TRACT A U3; '--'........ NAPLES LAKES l:?l cicr >. SHOPPING 10 -1tf) CENTER 0 CDN PLAT BOOK .36 /z 0:: PAGES 98-99 w :J -.J 0 U y -- -"..J TRACT H :J RATTLESNAKE .t',~MMOCK_R9~ - - - 100' R/W TRACT G LOT 4 SIERRA MEADOWS I PLAT BOOK .39 PAG!::S 1 1 - 1 .3 3M I _ - o ~ ~ 100 GRAPHIC SCALE ~ EXHIBIT ' PaQ6LOf--21 '00 BEARING ! N89'05'SO"W : NOO'SO'44" E ! S89'09'16"E I 'N89'09'16"W I I NOO'50'44"E ! CURVE 1;'8LE DEL TA I LENGTH I TAt~GEN1 I C~ORD I 33'32"48" I 2810' I 14.47 I 27.70' REVISED TO ADO F.P.L.E. 03/06 TMO/1965 genoa Item March 1 Legal Description p A portion of Tract B, Noples Lakes Shoppii\l&le Center, os recorded in Plot Book 36, pages 98 through 99 01 the Public Records of Collier County, Florida, being more particularly described as follows. 0.10C ,2007 ~ of 35 E" Beginning at the ncrthe:!st corner of said Tract S. soid point olso being the intersection of ~he southerly ric;ht-of-woy line of lioct R-1 and the westerly right-ol-way line 01 Collier Boulevard: thence South 00'50'44" West, along said westerly right-ol-woy line, a dis:once of 155.' 9 feet to the southeasterly corner 01 Trcct 3; thence North 89'05'50" Viest, clang the southerly line of said Troct B. o distance of 20.00 'eet: then.ce leaving said south line. North 00"50'44" East, 0 distance of 1.3.88 feet; thence South 89"09'16" East, a d',stonce of 5.00 leet; thence North 00'50'44" East. 0 distance of 145.00 feet; then:e ~'orth 89'09' i 6" West, 0 distance 01 10.00 leet; thence North 00"50'44" Eost, 0 distance of 18.23 feet to the southerly rignt-ol-way I;ne 01 soid Troct R-1 ar,d the point of curve or 0 non tOl'1gent curve to the riaht. of wnich the radius point ries South 09' 36'04" \'lest, 0 radial distance 01 48.00 leet ond hoving a chord bearing of South 63'37"42" Ecst. 0 chord distance 01 27.70 feet; thence southeasterly along said southerly rignt-of-wny end the orc. through 0 cen~rol cnq!e 01 3.3'32'48., 0 distance of 28,10 feet to -the POiNT OF B!::GINNING. Containing 2,797 square feet, mare of less. NOT[S, 7. ThiS is not 0 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. East Zone. .3. Subject to easements, reservotions and restriclians of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5, Dimensions ore in feet and decimals thereof. 6 Certificate of oulhorizctlon Le 4J, 7. ,R/V: rep....ese,'1ts Piqht-o(-Woy. 8 P.O,B. re~reS!;,'1rS Point of 5egir.ning. 9. P. O. C. repr!':sents c;oinf of Commencement. 7 C. C. R. repreSef1ts Offi6ol Records. ~ 1. L.B.E. represents Landscape Buffer E:;sernent. 72. U.[, represents UliJity Easement. 1.3. F.P.L.f. represents Florido Power & Light Easement. 14. D,E. represents Drainage Easement. 15. S.[. represents Sidewalk Easement. 16. P. u.[. represents Public Utility Easement. 17. L.E. repersents Landscape Easement. C>c Pt1'n<- ,,(f;, n, / . M. (FOR TH[ FIRM) FLA, LlC. vND. 58.34 NOT VALID WITHOUT TH[ SIGNA TURE AND TH[ ORIGINAL RAISED SEAL OF A FLORIDA LlC[NSED SURVEYOR AND MAPPER ' This is NOT 8 Survey, Wi/s(lnMiller -~~=-- ~.~.~........,.....~~.~~ _,K ,uo,...,... .._......~JiIIS-tIIl1...... ~.kI__.............. _........_ ~ en> n.e lC-41 PROo.IEl:T NQ: SHEEr N6015-S0U-OOl 119 OF X I'-C1 :4 2006 - 08:29:39 iOS80RNE!X:\SUR\collier bhJd\CH2MHill\ 1C-41\N.:Jples lakes Shopping Ce....ter dwg 1_ NlEX NQ: 10-41 TEMPohARY I 1 C NSTRUCTIO~ EASEMENT DURA liON YEARS. Parcel 719 TRACT C I SIGN EASEMENT O.R. BOOK 3111 PAGE 3212 8' lS' I I L-. 7RACT R-1 TRACT B L.E. I I IW TRACT A 'ot Lf) :t 0) I~ I NAPLES LAKES a:: SHOPPING [b 2=: 0 CENTER IZ ........ PLAT BOOK 36 6cr PAGES 98-99 > " ....J<f) D:lN cr W I I ~ , 0 I ------~:~::----~~ -------- RATTLESNAKE tl~MMQQ<_R.9~ --- 100' R/W TRACT G _ _ _ _ _ _ ~O_T _ 4_ _ _ _ _ _ "I SIERRA I MEADOWS I PLAT BOOK 39 PAGES 11-1:.) N ~ '0 100 GRAPHIC SCALE \ 200 ~- D 2> REVISED TO ADO F.P.L.E, 03/06 \ I ~ ....J~ I <tcr Z <t" 00 o lJ- I BEARING N89'09'16"W I 500'50'44"'11 ! N89'05'50"W NOO'50'44"E ! 589"09' 16" E 589'09' 16" E TMO/1965 E" Agenda Item . 10C Legal Description March 1 ,2007 A porlion of Tract B, Naples Lakes Sha~eQe 2 of 35 Center, as recorded in Plot Baok 36, pages 98 through 99 of the Public Records of Collier County, Florida, being more particularly described os follows. Commencing at the sautheast carner of said Tract B, said point being on the westerly righI-aI-way Ene 01 Collier Boulevard; thence Narth 89'05'50" West, along the southerly line or said Tract B, 0 distance 01 20.00 leet to the POINT OF BEGINNING: thence continue North 89'05'50. West. along said southerly line, 0 distance of 8.00 leet; thence leaving said line North 00'50'44" Eas\. 0 distance 01 13.87 feel; thence South 89'09'16" East, a distance of 5.00 feet: thence North 00'50'44" Easl, 0 distance of 145.00 feel: lhence Soulh 89'09' i 0' Eost. a dislance or 8.00 feel: thence South 0C'50'44" West. a distance af 145.00 feet; thence North 89'09',6" West. a distance of 5.00 leet; thence South 00'50'44" West, a distance 01 i 3.88 feet to the POINT OF BEGINNING. Conloining 1,271 square feet, more at less. EXHI~ITL Pagei:L. of~ NOTES: 1. This is not 0 survey. 2. 8asis 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 ore per plot, unless otherwise noted. 5. Dimensions are in feet and decimals thereof. 6. Certificate of authorization L8 43. 7. R/W represents Righl-of-Woy. 8. P.O.B. represents Point of Beginning. 9. P.O.C. represents Point of Commencement. 10. O.R. represents Official Records. ; 1. L.BE rep'esents Londscope Buffer Easement. t2. U.E. represents Utility Easement. 1.3. F.P.L.E. represents Florido Power & Light Easement. 14. D.E. represents Droinoge Easement. 15. S.E. represenfs Sidewalk Easement. 16. P.U.E, represents Public Utility Easement. 17. L.E. repersents Landscope Easement. ~. -).....) ^ DAVID J. Hy,r,T, FLA. LlC. NO. 5 4 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSeD SURVEYOR AND MAPPER This is NOT 8 Survey, WI/.Miller -=';.;::.~. ,.."......~............".,..,.~........~~ _,he ..,....,.......... ....,...,Nr/I-MIT.,..,. .............. ..,.,............. ............ PflOoIEl:T NO: sm N6015-S0U-OOI 719 at X lllNI<<l ICII!X IlOI lC-41 Il!Y: Mar 14, :t.Or:-6 _ CB.29;39 TOSaORNE!X:\SUR\collier blvd\CH2MHill\ 1C-4 '\Nopies Lakes Shopping Center,dwQ TRACT C P.U.E. ! . " JRACT .R::,---- <X) ---Ol ~ / . ""1 - - -/'-- L - - _ _ I /S'ARCEL 1</ 120 ~/ i ~ .j TRACT B 20' L.E.--1 NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A I , I _____--0 ~ :J ----- F:.A TTLESNAKE ~AMMOC~ _ROAD - - - ---'00' R/W N -.- o 2S 50 100 GRAPHIC SCALE Parcel 120 I I ;= FEE b,MPLE INTEREST I I I [- I I I / ('! (I I '2' I~:z I ~ ~ a: I I I <( - , a: I (.) 0 ' 2~ i 0 I '-... '/ I ci a: i ' >. ~LJ") I OJN , I 25' '-POB I,'" I: I~ .b a Iz a: w :=i ~ o (.) I I I,-J I I EXHIBIT Page_of j -- 200 LINE TABLE LINE LENGTH I BEARING L98 38.61 NOO'50'44" F I CURVE 'AKE I CURvE I RADIUS DELIA J_..I:pJGTf-': TANG, E~,; i" CHORD C8 48.00' 33'32'48" I 28; 0' 14 47 I 27 70' C9 i 48.00' 4S 38'09" I 3(;.:6' I 19,22 i 3563' Rev \) Revised bearing in description 03/06 CH2MHllL 3 06 SKETCH & DESCRIPTION OF PARCEL 120 A PORTION OF SECTION 15, TOWNSHIP 50 S" RANGE 26 E" COLLIER COUNTY, FLORIDA TASl( CXlllE: _ 8'1': I CH<ED 8'1': CAD l'U;: GCSOO T110 DJH IC-41 Agenoa 1ern March 1 Legal Description p The easterly 25,00 feet of Tract R-l, NaJ?~e 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, o.10C ,2007 of 35 Beginning at the southeast corner of said Tract R-1, said point also being the intersection of the so~therly right-of-way line of Tract R-l and the westerly right-aI-way line of Collier Boulevard and the beginn',ng of o curve to the left, of which the radius point iies South 43"08'32" West, a radial distance of 48.00 feet and having 0 chord bearing of North 53'37'42" West, a chord distance of 27.70 feet; thence northwesterly along the southerly line of said Tract R-l and the ore, through a central angle of 3.3"32'48", 0 distance of 28,10 feet; thence leaving said line North 00'50'44" East, a distance of 38,61 feet to the northerly right-ai-way line of said Tract R-l and a point of curve of a non tangent curve to the left, of which the radius point lies North 22'51 'IS" West, a radial distance of 48.00 feet and having a chord bearing of North 45'19'39" East, 0 chord distance of 35.58 feet; thence northeasterly along said northerly right-of-way line and the ore, through a central angle of 43' 38'09", 0 distance of 36.56 feet to the westerly right-of-way of said Collier Boulevard; thence South 00.50'44" West a'ong said line, a distance of 76,00 feet to the POINT OF BEGINNIING. Containing 1,312 square feet, more 'of less, NOTES: I, This is not 0 survey, 2, Bosis of bearing is the West line of County Rood 951 (CR, 951) being N 00'50'44" E, Florida State Plane Coordinotes NAD 83/90, East Zone, J, Subjec/ to easements, reservotions ond restrictions of record. 4. fasements shown hereon ore per piot, unless 0 therwise noted. 5. Dimensions ore ;n feet and decima's Ihereof. 6. Cert;'r:ccte of authorizetion LB 43. I. R/W r-ep"eser;ts .Righ~-~d-Woy. 8. F.G.S. r~pre5e,.,fs Point of Beginning. 9. P.C.C."!:pt"esents Point of Commcnceme~t. i O. 0 R. represents Officio! Reco"ds. 1 i L.8.[, represents Londsco~e Buffer [Qseme.'1L 12, U.f, represents Utility fosement. 13, F,P.L.f, represents Florida Power &- Light Eosement. 74. D.E. represents Drainage Easement. 15. SL represents Sidewalk Easement, 76. P. U.E. represents Public Utility Easement, 17. ~.E. repersents Landscape Easement. DAV'D J. HYA' T, cLA LlC NO. 5834 NOT VALID WITHOUT TH[ SiGNATU,R[ AND T!-f[ ORIGINAL RAISED SEAL OF A 'FLORIDA LICENSED SURV[YOR AND MAPP[R . (FOR TH[ FIRM) This is NOT a Survey. Wils(lllMiller --=.-- ~.~.~.~..........~.~~ -,~ PIIO.IECT NO: N6015-S0U-001 m....,....... A'O. ... ""'~. "'- ~. Fu .....,........ _............_ Of'X Sle:T 120 _ INDEX NO: IC-41 I~ ~,"::H 2006 - 0829:39 T':)SBOR~lEiX:\SUh\coll'er tivc\CH2l~H;11\ iC-41\~~Opl~S lakes Sh:DVng C:enter,<jwg Legal Description Agenda Item A portion of Tract R-1, Naples Lakes Sha~,arch 1 I Center, os recorded in Plot Book 36, pages P1age I through 99 of the Public Records of Collier County, Florida, being more particularly described as I follows, J Cammer,cing at the northeast corner of Trect B of I said Naples Lakes Shopping Center, said pOint also I being the intersection of the southerly right-of-way line of Tract R-l and the westerly right-of-way I line of Collier Boulevard and the beginning of 0 I C'Jrve to the lefl, of which the radius point iies South ~3'08'32" West, 0 rodiol distance of 48.00 feet and having 0 chord bearing of North 63'37'42" West, 0 chord distance of 27.70 feet; thence I northwesterly along the southerly li"e of so;d Tract i R-1 ond the arc, through a ce"tral angle of 33' 32'48", a distance of 28,10 feet to tr.e POINT I OF BEGINNING and the beginning of 0 curve to the 'efl, of whiCh the rad;us pair.! lies Soulh 09'35'54" I West, 0 redial distance of 48.DO feet and having 0 I I chord beoring of North 84'46'47" West. 0 chord I ( distance of 7,33 feet; thence westerly along said ~ I southerly right-of-woy line and the arc, througr, 0 central engle of 08'45'22", 0 distance of 7.34 fcet; thence North 89'09'11' West, along said 'I : right-of-way line, 0 distance of 29,51 feet: thence leaving said line North 44'09'16" Wesl, a distance I I of 7,33 feet: thence North 00'50'44" Ecst, 0 ,....." ~ distance of 28,82 feel to the northerly ;n <i ~ right-of-way line of said Tract R-1; thence South (]) I Z I 89'09' 17" Eost. along said northerly right of way ~ I 13 g J line, a distance 01 22,71 feel to a point of curve '-"aU' .....0::3: I ~ I to the left having a radius of 48,00 feet, 0 central ..... / angle of 23' 41'58", and 0 chord bear;ng of North 76'59'43" East, 0 chord distance of 19,71 leet: > . thence easterly along the northerly right-ai-way as ~: ~i~e8~f f:~;~ t~::~e R~01U\~n~O:~~'4a;.~ ~e:t~nce of [5 I distance of 38,51 feet to the POINT OF BEGINNING. =:; 6 Containing 1,442 square feet, more or less, U NOTES: " This is not 0 survey. -------.-.-'..-" Parcel 720 TRACT C I I tEMPORARY DRJWAY RESTORA"ON EAS$MENT IDURATlON: 3 YEAR~ I I I :-'7' I P,U,E, TRACT B 20' I I I L. E,---1 I I ~ NAPLES LAKES SHOPPING CENTER PLAT BOOK 30 PAGES 98-99 I~ , .... 'v ;~ Ib o I ' ( TRACT A I I 1/ ! I I I I I I ----------------~ :J ------ EXHIBI+ fJ ~ f ,7')'~T · ~ I 0 - ::Y.~::')( A ~ATTLESNAKE HA~M9~AD 1----100' R/W N ~- I o 2$)0 100 :00 GRAPHIC SCAlE CURVE C8 C1Q Cll Rev 1) DELTA 33' 32' ~8. 08'4:"22" 23' 41 '58" E., BEARING N89'09'11'w I N44'09'10"W NOO'SO'44" E SB9'09'17"E I SOO'SO'44"W CHORD BRG. N6'S37'42"W N84'4(;'47"W I N7S"59'4,3"E 03/00 o.10C ,2007 9 of 35 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 83/90, East Zone, ], Subject to easements, reservations and restrictions of record. 4, Easements shown hereon ore per plot, unless otherwise noted, 5, Dimensions are in feet and decimals thereof, 6, Certificate of autnorizotion LB 43, 7, R/W represents Right-of-Way, 8. P.O.B, represenrs Point of Beginning. 9, ,o,O.C. represents Point of Commencement. 10, O,R, represents Official Records, 11. L.B,[, represents Landscape Buffer EosemenL 12. U. E, represents Utility Easement. 1 J, F,P,LL represents Florida Power &0 Light Easement, 14, D.E. represents Drainoge Easement, 15, S.t:, represents Sidewalk Easement. J 6, P,U,E. represents Public Utility Easement, 17, L,E, repersents Landscape' Easement, MiZ1" fl!l' DAViD J. HY-::r:*' ps. ( (F'Ol'? THE FiRM) F1A LlC. Nd/SB34 NOT 'lAUD WiTHOUT THE .SiGNATU'=IE. AND ThE. ORiGINAL RAISED SfAL OF A FLORIDA UCfNSfD SURvEYOR AND MAPr::r:R This is NOT 8 Survey, Wit.Miller -~==-- ,..".,..&..--..~......,.....~~.~...~ -,""- :'llP...,.......... --.FirIl*fIJCH!I:I1."........., 01'1I..,...,..... ...........- CAll l'U;: lC-41 I PllOJECl' NO: lIHEEI' N60!5-S0U-OOl 720 rEX I~ NlEX NO: lC-4! REV: Mar 14, 2006 - 08:29:39 TOSBORNE!X'\SUR\collier bjyd\CH2MHill\ 1C-41\Noples Lakes Shoppin~ Cenler.dwg TRACT 0 \ J I n I' I I I ! 10' r,p,l.E, ' ; I O.R. BOOK 3600, + ,- P 1952-1954 I I I I I I '-I...J I '[lfD- 0::: w :=i ~ o (.) PtRCEL i 21 TRACT R-l , ::------r-- I 71 ~~;~1~LJ9~~] LPl j//P,3120 ~'I v I TRACT B ~ NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A + N I _ - 02550 '00 20::: GRAPHIC SCALE I I CURVE RADIUS C 1 2 48CO' CURVE ,ABLE DEL TA LENGTH ! 1ANGr.N~ 403'.38'09" 36.56' i 19,22 bearing direction 03/00 Rev i) Revised CH2MHIlL 3/06 SKETCH & DESCRIPTION OF PARCEL 121 A PORTION OF SECTION 15. TOWNSHIP 50 S" RANGE 26 COLLIER COUNTY, FLORIDA 1QI( CXlllE: _ lI'r: I CHICEJ) lI'r: CAD l'U;: GCSOO TMO DJH lC-41 Parcel 121 r! I I Ii I Agenda Item March 1 Legal Description p :he ~est 25,00 feet of Trect C and the ~o'6~W 5.00 feet of the East 25.00 feet of Tract 0, Naples Lakes $hcDp;ng Center, os reccrded ir. =>Iat Book 36, pages 98 t!".rCwgh 99 of the Public RecO:ds of C:>liier :ounly, F:orico. beino more oorticulc--ly described os foflows. ., Beginning at the southeast corner of Tract C of said Ncr,ies LOIo.es ShoDoing Center, said point also being the intersec~;on of the northerly right - of -way line of ,'act R-l and the westerly ri;ht-of -way tine of Coilicr Boulevcrd end the beginning of 0 curve 10 ~he right. of which the radius pcint :ies North 66'29'27" West, 0 redial distance of 48,00 feet and having 0 chord bearina of South 45'19'39" Vi~st. a chord distance of .35.68 feet; thence southwesterly clong the norU',er-ly right-of-way line of -'oct R-' end the arc, through 0 central angle of 43"38'09", 0 d'stonce of 36.56 feet; thence leaving said line North 00'50'44" t:ast. a distance of 25642 leet to the northerly line of the south 5.00 feet of so:d Tract D; thence South 8~"J6'OO" East OIO....g SOld line. a distor'1ce of 25.DO feet to the westerlv right-of-way line of CoHier 3ou!evord~ ther"'ce South 0::'5C"44" West along said I!ne, 0 d'slance of 230.94 feet to the paiNT OF BEGINNING, Containing 6,174 square feet. more or less, ,I EXHIBIT Page~ of-d NOTES' 1, This is not 0 survey, 2. Basis of bearing ;s the West line of Counfy Road 951 (C.R, 951) being N 00'50'44" t, Florido Stote Plane Coordinates NAD 83/90, East Zone, J, Subject to eosements, reservotions and restrictions of record. 4. Easements shown hereon are per plot, unless otherwise noted, 5, Dimensions ore in feet ond decimols thereof, 6 Cert;ficote of ci.)thonZO~r'Of1 LS L:.? 7. R/Yr' represents Riqhl -0.'- \0''/0.'. a P.C.B. rep"'ese:1!S PO;r.t of B~ginn;ng. 9. ,CI,C.C. rep,"eser"'!s Point of Commencement ;0. C.R rep,"'e~ef'lt5 Ottic.ie' RecarC!s. ; 1. L,E.~. reD"'esen~s Lc.'1d$:~J)e B;.;.'fer [:JsernenL 72. U.E:. represents Utility tosemenL 1 J, FP.L.E, represents Florido Power & Light Easement, 14. DE represents Drainage Easement. 15. S.t. represents Sidewalk Easement, 76, p.UE represents Public Utility EosemenL 17, L,E. repersents Landscape Easeme"t, c- (;l11 r!.--Jd1/ /J ~ 'Ot,'/ID J, HY4rr, .0, FLA UC. NO, 58.34 tJOT VALiD ~J/;THOUT iHE SIGNATURE AND THE ORIGINAL PAiSED SEAL OF A FLORIDA UCH!S[D SURVEYOR Ar..i'D M,:...oP[R ; if/ .m (FeR THE FIRM) This is NOT a Survey. Wils(lllMiller -""='=-- ,.....,. &cr-'t. foatV*-lUwrn' ~~. T~bI~ _,he E" :rm..,_ ........"'"*.tCIHIP."........... Fu..,.,.......... _.,...._ orx _ IN!lO NOo lC-41 RE't: '!nl .., 2006 - Of'29"39 TOSBORr~:::lX'\S'JQ\cDlli~' hlvd\CH2MHill\ 1C-41\~Jcples LOKes Sl'i0oDlr,g Cen\erdwg f'llOoECT NO: IIHEEl' N6015-S0U-OOl 121 :;; ~......... <(0::: Z <(- .,0 ""'0 LJ") O'l I a: U~ ................. cia: >. ~lI') (]}N I I 1/ I I I FEe SIMPLE 'IEREST LINE l104 ciNE :ABlE LENGTH I 25,00 Parcel 721 I 1-1 : I I I I I , '(' OR:O;;&\~OO-tJ L~! I P 1952-1954 r-I.J ......... I ~ I t:1DS-.J :r; ! <i! ~ 1-' 0> Z I <( " Cl:: (.)0 (.) I 0 '-' 3: I ;:~ ~~ i ) N,r" Cl:: V nl ~ i ~ 'Ir ~ ) L.E ,~ .~POC TRACT R-l C1.) I POB :--'--'-'--'-f-I _ '___'_::"':"'_'___'___1" I /1.5'< F,P,L.E. J I"~ I ,Q,F\, BOOK 2980 ! :'/ P,Jl20 lei W mAG< 8 i TEMIjoRARY I I CONSTRUCTION EASEMENl I I DURATION .1:' YE~RS. I NAPLES LAKES SHOPPING CENTER PLAT BOOK 36 PAGES 98-99 TRACT A + N ',.- o 2~ 50 I EXHIBIT 'Yo. ' '. Page~ of~ , " "'" I 200 LINE ' L105 LINE TABLE I LENGTH I BEARING I 8.00 \ S89'06'OQ"E GRAPHIC SCALE CHORD BRG, S45'19' 39"W 572'1' '29"W E" Agenda Item March 1 Paoe The West 8.00 feet of the East 33,00 feet 6f Tract C and the South 5,00 feel of the West 8,00 feet of the East 33,00 feet of Tract 0, Naples Lakes Shopping Center, as recorded in Plot Saok 36, pages 98 through 99 of the Public Reoords of Collier County, F'orida, being more porltcularly aescribed as follows, o.10C ,2007 of 35 Legal Description Corrmencing at the southeast corner of Tract C of said Naples Lakes Shopping Center, said point also being the intersection of the northerly right-af-way line of Tract R-l and the westerly right-of-way line of Collier Boulevard and the beginning of a curve to the right, of whiCh the radius point lies North 66'29'27" West, a rad'lal distance of 48,00 feet and having a chord bearing of South 45'19'39" West, a chord distance of 35,68 feet; thence southwesterly along the northerly right - of -way line of said Tract R-l and the ore, through a 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" 6" West, a radial distance of 48,00 feet and having 0 chord bearing of South 72"11 '29" West, 844 feet; thec,ce westerly along the northerly right-of-way line of said Tract R-l and the ore, through a central arogle of 10'05'30", 0 distance of 8,45 feet; thence leaving said line North 00'50'44" East, a distance of 259. '13 feet to the northerly line of the south 5,00 feet of said Trcct D; thence South 89'06'00" Ecst along scid northerly line, 0 distance af 8,00 feet; tncnce leaVing said line South 00'50'44" West, 0 distance of 256.42 feet 10 the POINT OF 8EGINNltiC, Containing 2,063 square feet. more or less. NOTES: " This is not a survey, 2, Bosis 01 bearing is the West line of Coun!y Rood 951 (C,R, 951) being N 00'50'44" E:, Florida Stale Plane Coordinates NAD 83/90, [ost Zone, 3, Subject to easemenfs, reservations ond restrictions of record, 4, Easements shown hereon ore per plot, unless otherwise noted, 5, Dimensions ore in feet and decimols thereaf. 6, Certificate af outhorizotion La 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 Recards, 11, L,B,E, represents Landscape Buffer Easement. 12. U,E, represents utility Easement, 1 J, F,P.L.E:. represents Florida Power <Ie Light Easement, 14, D,E:. represents Drainage Easement, 15, S,E, represents Sidewalk Easement. 16, P.U,E. represents Public Utility Easement. 17, L,E. repersents,'Landscape Easement. " DAVID J. Hi'jrr, ',M, (FOR THE" FIRM) FLA, LlC. Nu, 5834 NOT VALID WiTHOUT Ti-lf: SIGNA TURE AND THE ORIGINAL RAISE:D Sf:AL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey, Wi/s;nMiller _~,~i__ ,....................~..,.,...~Ara'Mcllr.Tl'~CcnIutriI _.nc. .,""'r.......~ .,."....I'bMo~..... ~.kI,.,.,...."...... ..........- CAD R.El IC-41 PIUEl:T NO: 1:ilHEE1' N6015-S0U-001 721 f:JFX -.0 IIIIEX NO: IC-41 REY: k~':'l" 14 2C:Jt. _ 08:29:39 TOSBORt-l(I)(:\SUR\coll;~r blvd\CH2MHill\lC-41\Noples Lckes Shopping Center dwg: TEMP~RARY I CONSTRUCTUllN EASEMENT , I I PARCEL ,~DURA liON /J\ YEA~S. 723 ~ \S89"06'OO"E ' 3957' I c, ." U ,.,.-SOO'5C'44"W :,'Q' , "" 29'M7' I ~ ~1' 109.:,8"(", t,l.; I POB i 'I E_ ( -10' i E ~ ~ w, I I i I' - O,R BOOK 3058, lc q -I '" I I PAGE 3228 ~ :::- I ~ ~ I 7RA:::T D:g ~ !,'II'i:1 10' "P.L.E. L~:z ' - C,R BOOK 3ECQ,- .1.'1 ' '952-'95' ~ ~ " I -17' PUE, I_ I. ~r, ,110 W~ NA"'.ES cAKES , _ ::: SHO~?tNG C€N-::R ~ i ~i~[~(~08K~g; ls, I, (.) ) TRACT C ~ Parcel 723 FUTURE DEVELOPMENT DE, AE, ME, 20' L,E,-I ~jAPLES LAKES COUNTRY CLUB PLAT BOOK J3 PAGES 8-15 N '.- o 25 50 100 GRAPHIC SCA~E :zeo LINE l114 L 115 UNE TAB E LENGTH 12.00 14.00 BEARING NOO"50'44" E NOD' 54' 1 2" E legal Description A portion of Tract R-1 of Naples Lakes Shopping Cer,ter, os recorded in Plat Baal< 36, Dages 98 throug" 99 of the Public Records of Collier County, Florida. being more particularly described os foliowS. 5eginning at the sO'Jthecsl ::o~ner :::! Ire::! R-1 Or soid r\lcples LOKes Shop=,ing Center, sOld pomt OiSO :y:r.g on lre wes:.~rly ngnt-:.f-woy iine of Col;:ci" 8oule....ord. e....d t...e !::'~gl:Or1;ng of 0 curve to the I!'~t. 0' which t...,~ rodi115 oo,,.,t i:es Sou~J"I 28'40'~9" "'est, c radial distance of 27.54 (eet. thence wes~er!y c:,c"g sed souther:y :ne of Tract R-1 and th., o"c. ~hrO'.Jgh C C~I"':~cl O'"lgre of 2E'00']5". dlS~Jnce 0' i ':.46 feet. 'Jr'iC beir>::; sw:-:",e~deo by ': ::r,orC ho~'inQ 0 becring vr ~,orth 75' ~ 9'28" ''','es~ one ~ ::~S',c":ce ~f ~ 2.3~ 'ee~: ~her:ce ~~or~h 89'0f.'00" 'Nl2'st IJlony sc:c s-::;~t"e"iy r:e. C ::::5:0:"1:e of 1 7.05 feet; thence leov;~g said .:ne ~:~rth 0:"50'44" :cst. c c'stc~,:e of : :.00 feeL thence ~~01'"th 8?'OS'OC" West. a C;S~8!"1C:C of 'CQ_5E: feel to he poin1 of curve or (J nor tC:1ge:-,t cl.;"'/e tc tne left, -:;! .....~icn ~he "cj:us point lies S~uth OC'54'0'" '_Vest. 0 ~(vl::::J: clstar.::e o' 6e- CO f~et; ~ne~ce ~outhwe5ter!y C!cr; lhl';' ere. p".ro;..;gh c ce!"1trc! cr.gle 0' 139"59'45". :::: ~~~~~~~e o~f S~~'~~,4 41;;~'Go7~'C \,~~e~~?a~~t;~~~~J:~~'C~)~ :' c~~~~5 h~~~: ~~€'rce t.jorth 'CO' 54 '12" EasL 0 d;stonce or 1/~,CC ~ee~ Ie c cent Ol ::tJrve to ~~:5;';t~~:' :h~~e~~cO .,rcGr~~~c:s~:r!~C~:~r.~e~~e~:~c ~ 0 :~~3\~~:C~r.~\le 90:.2.i f~et, c.,d ~eir,c sLJbten:lcd by 0 :ho!'C ...c....irc C o!'c';'"'lC 0' r~vth .15'05/.'05" Cost clid ~ 0 :i~to-nce 0' 8.~_e5 !ee:; the.ree S:);,./.rl - 8';<':1(-'CO" E:::st. 0 ~~~~c~(e"I~: ~~:i'~\:cr~~e;h~~,::: ~~;~tt~ ~C.~~~e'4:.;s~I'~~;~ rof~h~~~~';;~~~r~~eo of ol~tonce of 29. i 7 feet to lr.~ P']UH O? GL:::;lNh'I~<:;. Ccntoini'lC; .3,167 sqLicre feet !Tore or less. EXHIBIT Pcrw.. I of' ;; ,g~- -.;- :-:L.R\j~ ;,t..B:..E CURVE; R.\DiUS C:4 ! 27~~4' DELTA ;..~i~G"7't-: i 7;.f\:;UC CHORD [:,..<)::;:D SRG 1 J .....6. gtl.24' ~4.24' 2S.0C' 35" 89'59'48" 89"SS'4Ef' 6.87 60,DO j 1 ~.3.3' ~.7~;19'2e"w I SO: ~':,4'0 7" V. ~J,:~,'5t.'Of:.'[ C28 60,00' 54,85' 5~.85' C29 6000' 6eaD Rev 2) Revised Der CH2M'1LL Rev 1) Revised per CH2MHILL CII2MHILL 4/06 SKETCH & DESCRIPTION OF PARCEL 723 A PORTION OF SECTION 15. TOWNSHIP 50 S,. RANGE 26 E.. COLLIER COUNTY, FLORIDA TASl( CXlllE: I' - II'/': I CHICEP II'/': CIoll l'U;: GCSOO TMO OJ!! lC-41 12/06 , 1/06 Agenaa Ilem March 1 Page o,10C ,2007 2 of 35 ~ ~ I ~< I <(a: I I j g I :/ NOTES: 1. This is not 0 survey. 2. Basis of bearing is the West line of County Rood 951 (C.R, 951) being S 00'50'44" W, Florida Stele "lone CDordinates NAO 83/90, East Zone. 3. Subject to easements, reservations ond restrictions of record. 4. Easements sh:;.wn hereon ore per plot, urless otherwise noted. 5. Dimensions ore i;1 feet and decimals thereof. 6. Certi'iccte of authori2ation L8 43 R/W r~pl"eser,:s Rig",1-0'-'~'''-oy. 0::' D_S. ~cprese~ts Pc.i!it of Be:;i:'"'":r\:ng. ;:::' .O.C recresents PD:~Jl of Cc~,mencemer\t. -:::.R r~cr~se;lts 8H;:io~ Rec;:.rd!;. L.S.E reo"~sent'S ~crcs':::cpe B.Jffer ., ., 8. 9. 10 1i. :::'CSf::""'"':e""t. I L. ....;~. re;:r~ser~s L}t: 13. c.PL.E. "'eDrcser,l.s Ecsemer,t. it..... ~::seme"'t. ;:-ior:da P~;....er & Light , =: ........ re;::;"ese!""j~S ~.;c:nc:].e ~cse~lent. -1 S.E rep"'ese!"",ts ::,:j~'NO!l( ~osement. P.U.E. ~ec~ese"its c;.J~lic Ut;~:ty ::C$E:-r:e;"t. f:',~ o,::~c"se;lts AC(::.~ss Ecseme~t 6 , i. s:\~,;.j ,~ If ~CAViD J. HlfiTT, ,;JM, (FOR THE FIRM) FLA. ue. Nil 58.34 NOT VALID WITHOUT THE SIGNAiURE AND THE ORIGINAL RAiSED SEAL OF A FLORIDA LICENSED SURVEYOF? AND MA,D,D[R This is NOT a Survey. Wi/_Miller _,M~; ........,.~.~.~.~~,lt~b!~ _,l1c I P!nET NO: I SHE1:T N6015-S0ll-001 723 .mll...,w.Ut2ll'.--.JbrI:llI"....".".,... ~,Fv :>>-~..... _............. _ taX NO: lC-41 OF X Ilf.V: !.~?~ ~,:. 2:';'::'6 - :'.'3:29J9 -'-C'5i=,J;;I;~IY ,:,:~'R\ :':"1'!;~~ "'1~d"~"<:"'I-'T\~:-":I\\cpl~s L;.~~ S\-,~cJ-~g C~nl"!rGwg Parcel 725 TEMPORARY CONSTRUCTION EASEMENT OURA TION YEARS. FUTURE DEvELOPMENT DE, AE, ME, NAPLES LAKES COUNTRY CLUB PLAT SOOK 33 PAGES 8-'5 1D~ ~~S:~Ej PARCEL (A,E. & PS.U,E.) I 8 725 TRACT R Z \S89'05'.tfr": -230"'0" w I\'Nt.r<NtS~ --o'~ _/-CLU\3-vP\'Jt.. ~ 5:; -b S? I ,I I Agenda Item Marc~ 1 Pagf'3 o,10C ,2007 of 35 20' L.8.E.-: 1\- , 'I ~- -' I 5' S,[~I L,8.E. 'I w W IV ~ b"g~/' 0-. 00 (/l ) 5 ~ I ~ I ;= ......... I ~......... .~;.. cia: ~a::: o~ :::LJ") 00 ~~ : N \ ;:: i'-POB jo- :( _~- c.u.E, <'\~ EXHIBI1- 1 ~j[ of ...~ - ~~- I NS9'D5'40"W 230,40' l ,- q -[' - -- -''- -.-.Sw- -. 10' -p S U,.[. - :$0 00- Lfl"1 bN a z N 1-;5' WATERLINE EASEMENT '" 100 GRAPHIC SCALE I :'DO FUTURE DEVELOPMENT DE, AE, ME, ".- Q 25 Legal Description A portion of Tract R, Inverness Club Drive, Naples Lakes Country Club, as recorded in Plot Book 33, pages 8 through 15 of the Public Records of Collier County, Florida, being more particularly described as follows. BegInning at the southeast co"ner or Trcc.t R of said Naples Lakes Country Club, said point also be;r.g the intersection of the wl2sterly right-of -way l'1'1e of CcH:er 3ouievord and tne sou~herly ri;nt-of-woy 11"le or !"ive"!'1.css Club Drive. and the beginning of 0 curve to the left, of which the ~cdius ooint lies North B9.09' '1 6" West. 0 radiol distance of 25.00 feet ond :laving 0 chord bearirg of North 44.07'3'" West, 3:".34 feet; the!"'\ce northwesterly o:ong soid scutherly f;ght-o~ -way l;r.e for the follOWing 2 courses and the arc, through 0 cent'ol angle of 89'56'30", 0 distorce of 39.24 feet; thence North 89'05'40" W~st. () distonce of i 5.03 feel: trence ieavlng soid line Nodh 00.50.44" 'Ecst. 0 distol1ce of 23.00 feet; ~hence North 8g.C~'46.' West, 0 distance of 2.30.40 feet: thence North 00.50'44" Ecst. 0 dtston::e of 17.00 feet; thence South 89.05'46" East. 0 dis:cr'",ce of 230.40 'eel; thence North 00.50'44" East. :: distance of 8.00 feet; thence South e9.C5':~6" Cost, 0 dist:;,nce of 40,00 feet to 0 point on the westerly right-of-way jtr.e of Said :'o\:ler 8oulevard: ~nenc! South OC'50'44" West. clang soid line, 0 distance of 72.97 feet to Ihe POINT OF 8EC"J!'>:INC;. Containing 5,970 square feet or 0.1.371 ac"es, more or less CURVE TABLE ~ RADIUS I DELTA I lENGTH lANGENT, CHORD ~ 2500' I 89'56'30. 1 39,24' I 24,97 35.34' i NOTES: 1, This is not a survey, 2, 8asis of bearing is the West line of County Rood 951 (C,R 951) being S 00'50'44" W, Florida State Plane Coordinates NAD 83/90, East Zone. 3. Subject to easements, reservalions and restrictions of record. 4. Easements shown hereon ore per plot, unless otherwise noted. 5, Dimensions are in feet and decimals thereof. 6. Certificate 01 autha,ization LS 43, 7, R/W represents Right-ai-Way, 8. P.O,S, represents Point of Beginning. 9. P.O.C, represents Point of Commencement. 10, O,R, represents Official Records, 11, L.B.E. represents landscape BuHer Easement. 12, U,E. represents Utility Easement. i 3. F.P.L.E, represents Florida Power & Light Easement. 14, D,E. represents Drainage Easement. 15, S, E, represents Sidewalk Easement. 16. P.U,E represents Public Utility Easement. 17. PS.U,E. repersents Prrvate specific use Ease ment 18, C,U,E, repersents County Utility Easement 18, A,E. repersents Access Easement r:'>i <:1 ;;cJ rIr.N.'~ Rev Revised per CH2MHILL design changes 12/06 DAViD J, T, A~ ~. (FOR TH[ FIRM) Rev Revised per CH2MHILL design changes 12/06 FLA. LlC, N 583 Rev Revised per CH2MHILL 04/06 NOT VALID WiTHOUT THE SIGNA TUR[ AND THE ORIGINAL RAISm SCAL OF A FLORIDA LlCCNSED Rev Revised per County Comments 04/00 SURVEYOR AND MAPP[R Revised per CH2MHILL 04/06 This is NOT Survey. a E., CAD FI.f: IC-41 P!lCl.El' NO: N6015-S0U-OOl 'I..., . 4, 20::Jt, _ ']8: 2'j39 'T5;8GRt,[lX\S!A~\ccq,e~ bivd\::::H2MHiil\ 1 C-<4 '\\~'c;::le;; lckes Sh<::p~;ng Ct".....t~fdw9 OF X Wi/.Miller _N~J_N ....,.....~.~,,,.,.,.,.....~~.T'..,,.,.n....~ ~,hc. 31OO.........._.........~~.f'Iwn "....,ClI).FI1, ,.,.,.....,........ -..........- I SHEET 725 DR*IlG HlEX NO: lC-41 RE.\': Parcel 729 TRACT GC6 NAPLES HERITAGE GOLF & COUNTRY CLUB PHASE ONE PLAT BOOK 25 PAGES 73-80 N ..- o 2~!>O 100 GRAPHIC SCALE I 200 TRACT w '0:) . ;= ~g 00 (1\ -- OJ If .... .... ,a 00 ,nco n \ EXHIBIT ,--1 nf of ~:J Page-L ~ I ~,APLE:S w \ HE:Rt,AGE OR'\'E ,'"., - (60' R/W. c.u-:E-, -- --g-~ D.E.) ..i Lf) TRAC' R I N ~ 1 ,< O' UE, TEMPORARY CONSTRUCTION EASEMENT DURA TION ---'3 YEARS. Legal Description A portion Tract R, Naples Heritage Drive, Naples Heritage Golf & Country Club, Phose One, as 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 'adial distance of 50.00 feet and haVing 0 cnorc beo"ng of North 59'49'25" West, a crord distance of 34.41 feet: hence northwesterly clang said south right-of-way line and the ore, through a central ongle of 40'15'29", 0 distance of 35,13 feet; thence leoving said line Nortn 00'50'44" East, 0 distance or 26.65 feet; thence Nor:h 89"09'16" West. 0 distcr"Ice 01 99,89 feet; thence North 00'50'44" Eost, 0 cislonce of 24.00 feet; thence South 89'08'58" Eost, 0 dislonce 01 ; 000 feet; thence South 00"50'44" West. a distance o' 8.00 feel; thence South 89'08'58" East, 0 dislorce of 104.89 feet; Ihe"ce Nodh 00-50'44" Eost, 0 distonce of 8.CO 'eet; theree South 89'08'58" East. 0 distance of 15.00 feet to Q pOI"lt on the easterly line soid Tract R; thence South 00'50'44" West along sc,d eosterly line, 0 d;stonce of 67.49 foet '0 the PClINT OF 8EGI],NI.'1G. Containing .3,259 SQwcre feet or 0.0748 Qcres, mo"e or :ess. CURVE i RAOiUS I ':20 i 50,00' I CURVE TABLE C::l;A :..ENG;-;..; i :l.J~G~N"7 4C"1 :,':?9" I 35 1.3' ) ~ 8.32 .~~:)O::..d9'7Sn,.v ::":RD 2,4t. i' C!-i:::iRD ~~G. Rev Revised per CH2MHllL 01/07 Rev Revised per CH2MHllL '2/06 Rev Revised per Ci-!2MHILL 11/06 Revised per C'i2MHILL 04/06 ~! i I I I LJ") (l) I Cl:': 2;:;: ......... cia: > . ....Ju') OJN Il;: W ....J ....J o (.) NOTES: ,. This is not 0 survey. Agenda Item March 1 f1'age I o,10C 2007 of 35 r ~:Z I <(a: Z <( . (.)0 o I ) ( 2, Basis of bearing is the West line of County Road 951 (C,R, 951) being S 00'50'44" W, Florida Stale Plane Coordinates NAD 83/90, East Zone, ;.".- :)6, 2C06 - oe.17:20 T'::<;BJ~~,ErX:\SUP"u.i:lf'r ~;",:',C""!:','~.i'!\ ':--41\CIt.t: [s'Cl'es C':"i~-JrJv;~rll'(? ~ X I~ INDlJC 110: 1(-41 3. Subject la easements, reservations and restrictions of record, 4 Easements shown hereon are per plat. unless otherwise no'.ed. 5, Dimensions ore in feet and decimals thereof. 9 5. Certificate of authorization LB 43, ~. '~"'B -e:;;:oe:€I~lS"'~::;: c'~i"'~~~i,,"ng C .D.C re-;,yese"";ts ;::):-:nt ci Camme~cem~nt C.R. "->2::;r€se~~s :)jr1c!ol Reco~ds. ,-.B.E- "'~;J"-ese!i~s _cndsccpe Buffer 'J. , I, t::::se-~~:. 12. ""E. represents U~ility t:asemen\, .. 3, F.Pl.E, represents Floridc Powe' & L:ght Ec:sement 14. D.E. represents Draincge Easement. 15. S,E, represe~\s Sidewalk Easer'1enl. ',5, P,l.E, represents Public Utility Easennent. , 7. C.U.E. represen~s C:oun~y utili:y Easement C?i " d !J I} ~'('l~nl. ?l DAVID J, ,...r:/;'r7, 'p!~.M. (FOR THE FIRM) FLA UC. "/0. 5834- NOT '.lAUD ;~\'ITI-IOr.jT THE S!GNATU,R[ AND if-IE ORICINAL RAISE:D SEAL OF A FL OR/DA LlC[NSE:D SURVEYOR AND MAPPER This is NOT a Survey, Wi/s(JnMillsr _N~=-~ .............~.~.~.~ArdtIIc..T~blCcltUwlll _.he. TASK ~ GCSOO I PRO.lECT NO: IIIHEEl' N5015-S0U-OOl 729 =o:'I...,.......XJ'J.~I\ItII~.,.,.. ~.k1. zw-~...... _.""..._ Ilf:Y: CEDAR HAMMOCK PLAT BOOK 32 PAGES 91-108 Parcel 732 \,----/, TRACT L-7 c(; ",,- O..q" . & 'r ' (0.( Cluo( ~..q4t '-" '<',OJ',.... 4,00", '1.1.(''''",,, ~Ir J''? " (,,_ '4C,,(')'_ '-" -4 TRACT TRACT F-4 TRACT L-6 CURVE RADIUS C24 I 50,00' 02 543.62' 034 . 523,00' DELTA 53"07'48" 13" 13'52" 13'25'43" CURVE T A8LE I lENGTH 'TANGENT 4E;.16' 25,00 125.54' 63.05 122,58' 6157 CHORD CHORD BRG. 4472' I N25.4~'1 ,"w 125.26' N82'26'3'''W 122,30' SBT32'26"E Legal Description A portion Tract A, Cedor Hammock, as recorded in Plat Book 32. Pages 91-108 of the Public Records of Collier County Florida, being more particularly described os follows, Beginning ot the southeast corner of said Troct A, said point also being the intersection of the westerly right-of -way line of Collier Boulevard and the southerly right-of -way line of Cedor Hammock Boulevard arld the beginning of a curve to the left, of which the radius point lies North 89'09'10" West, 0 radial distonce of 50,00 feet and hoving 0 chord beoring of North 25' 43'11" West, 0 chord distonce of 44.72 feet: thence northwesterly along said southerly right-of-way line of said Cedor Hammock Baulevord and the arc, through a central angle of 53'07'48", 0 distance of 46,36 feet; thence leaving said line North 00'50'44" East, 0 distance of 26,02 feet; thence North 89'09' 16" West, a distance of 30,00 feet: thence North 00'50'44" East, 0 distance of 6,38 feet; thence North 89'09'16" West, a distance of 26,34 feet to the point of curve of o non tangent curve to the right, of which the radius point lies North 00'56'33" East, a radial distance of 543,62 teet, and beirlg subtended by a chord hovi"g 0 bearing of North 82'26'31" West ond 0 distonce of 125,26 feet; thence westerly along the arc, through 0 central angle of 13'13'52", 0 distance of 125,54 feet: thence North 14'10'25" East, 0 distol"ce of 20,62 feet to the point of curve of a non tangent curve \0 the left, of which the rodius point lies North 14" 0'25" Eost, a radial distance of 523.00 feet, and being subtended by 0 chord having a bearing of South 82' 32'20" East and a distance of 122,30 feet; thence easterly along the ore, through a central angle of 13'25'43", 0 distance of 122.58 feet: thence South 89'09'16" East, a distance of 74,50 feet to the westerly right-of-way line of Collier Boulevard; thence South 00'50'44" West along soid westerly Right-aI-Way line, 0 distance of 93,00 feet to the POINT OF BEGINNING, Containing 5,193 square feet or 0,1192 ocres, more or less, TEMPORARY CONSTRUCTION EASEMENT r\ DURATION .3 YEARS. EXHI~I~ r\ Rev 3) Revised per CH2MHlll 01/07 Page 2...;.L of~>-? Rev 2) Revised per CH2MHILL 12/Jo Rev 1) Revised per CH2MHILL 11/06 CH21lHllL 4/06 SKETCH &. DESCRIPTION OF PARCEL 732 A PORTION OF SECTION 3, TOWNSHIP 50 S., RANGE 26 E., COLLIER COUNTY, FLORIDA TASlC CXlllE: ~ II'tl atICl!D 1m GCSOO TMO DJH N I 00 l- t> ~ I- (I --.. I Agenda Item 0, 10C Marc~ 1 ,2007 Pa9:e 5 of 35 I I I (! I ~ ~......... <(a: Z <(- UO o I l) I N 1_ - I o 2~!.O 100 :200 GRAPHIC SCALE !IHEET 732 I~ NIEX NO: IC-41 J- LJ") O'l I a: 2.~ ......... cia: > -'Lf'l OJN a: w :=i ~ NOTES: 1, This is not 0 survey, 2, Basis of beoring is the West line of County Road 951 (C.R, 951) being S 00'50'44" W, Florido Stole Plane Coordinates NAD 83/90, East Zone, 3, Subject to easements, reservations and reslriclions of record. 4. Easements shown hereon are per plot, unless otherwise noted. 5, Dimensions ore in feet and decimals ther-eof. 6. Certificate of authorization LB 43: 7. R/W represents Right -of ":Woy, 8, P.O.B, represents Point of Beginning, 9, D.E, represents Orainage Easement. 10, L.M,E, represents Lake Mointenance Eosement. 11, C,U,E, represents County Utility Easement, '\r~ "6 :2006 - 081i.20 ;osaORNElx.\.SUR\c.r.dj;er bl...c\C~2MhiP\lC-4'\Club [sktes Drive-Dov'ls.dwg OFX LINE l139 L 140 LiNE TABLE LENGTH I BEARING 30,00 N89'09'16"W 6,38 i NOO'50'44" E J5 (1~d( 0 ~I D~VID .;: HYATTlp,"I/!/(FOR THE: FIRM) FLA. LI,--, NO, _834 NOT VALID Wf7HOU7 TH[ SfCNA'URE AND TH~ ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER This is NOT a Survey. Wi/.Miller -~:.=.=-- ~'&wr-'J.~............~~.Trll'llJlll"'l'bea...l... WMo:lrrMler, he. PlIOJECI' NO: N6015-S0U-OOI !II'XJ....,......,.,~.......~NI'JHIII11.".. ~oINl.Pu ...,............... -.......-- RfY: Agenda Item No, 100 March 13, 2007 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to endorse the design and construction schedule of the Lely Area Stormwater Improvement Project (LASIP) Phase lA; Project No. 511011. OBJECTIVE: To provide the Board an overview of the Le1y Area Stormwater Improvement Project (LASIP) Phase 1A and to receive the Board's endorsement to proceed with construction of the project. CONSIDERA TIONS: On January 23, 2007 the Board of County Commissioners approved the award of Contract No. 07-4075, Phase 1A of LASIP, to Mitchell & Stark Construction Company, Inc. in the amount of$2,459,003, (Item lOG). This construction project consists of excavation of an existing water management ditch, relocating and enlarging it into an engineered canal, for approximately one mile in length beginning at Rattlesnake Hammock Road, running north to the southern limits of the Kings Lake and Crown Pointe Developments. ,.........,.. Due to the proximity of the canal's construction relative to several dozen single family residences it is important to review all of the alternatives considered during the design process, as well as all mitigatory measures incorporated into the design intended to diminish impacts to adjacent residents and their private property. This canal's final design is a culmination of considerations incorporated into the project, meeting all necessary water management requirements while placating the concerns of the adjacent residents to the greatest extent possible. The design of this canal is the result of balancing flow capacity, flood protection, State and Federal environmental and water quality criteria, safety, long term maintainability, construction and maintenance cost, and preservation of adjacent yard area. In 2006, as construction plans were being finalized, a significant amount of public input was received during three public meetings relating to the canal's cross section design adjacent to the Queens Park subdivision. All of this input was considered and evaluated thoroughly by the design team. As a result of this input a formal engineering analysis of six (6) different canal cross sectional design alternatives was completed for approximately the northern half of the project including the Queens Park area. Refer to Attachment 1 for this analysis. The final canal section, typical section no, 4, was selected because it meets all necessary project criteria and goals while resulting in the least amount of usage of the existing eighty-foot (80') wide County drainage easement. On February 28, 2007 a preconstruction meeting was conducted to present the project's construction plans and the construction sequence. Refer to Attachment 2 for the Public Information Meeting Project Facts Handout and Attachment 3 for the construction schedule. FISCAL IMPACT: Funds in the amount of $2,459,003 are available in the Stormwater Capital Project (511011) Fund 325. Source of funds are Ad Valorem Tax. -' GROWTH MANAGEMENT IMP ACT: The Project is consistent with, and furthers the goals, objectives and policies of, the Collier County Growth Management Plan. Agenda Item No. 10D March 13, 2007 Page 2 of 11 RECOMMENDATION: That the Board of County Commissioners endorse proceeding with the construction of Phase lA of the Lely Area Stormwater Improvement Project, Project No. 511011, as approved on January 23,2007. Prepared By: Jerry Kurtz, Principal Project Manager, Transportation Services Division, Stormwater Management Department Attachments: 1. Alternative Analysis by Agnoli, Barber & Brundage, Inc. 2. Public Information Meeting Project Facts Handout 3, Contractor's Construction Schedule 4. Press Release issued 2/14/07 - Item Number: Item Summary: Meeting Date: Agenda Item No, 100 March 13, 2007 Page 3 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10D Recommendation to endorse the design and construction schedule of the Lely Area Slormwater Improvement Project (LASIP) Phase 1A: Project No 511011. (Norman Feder, AdminIstrator, Transportation Services) 3/13/2007 9 00: 00 AM Senior Engineer Date Prepared By Gerald Kurtz Transportation Services Stormwater Management 3/1/20075:17:33 PM Approved By Senior Engineer Date Gerald Kurtz Transportation Services Stormwater Management 3/2120078:33 AM Norm E. Feder, AICP Transportation Division Administrator Date Approved By Transportation Services Transportation Services Admin, 31212007 9: 12 AM Approved By Principal Project Manager Date Eugene Calvert Transportations Services Transporta.tion Engineering and Construction Management 3/212007 10:44 AM Pat Lehnhard Executive Secretary Date Approved By Transportation Services Transportation Services Admin 3/212007 12:52 PM OMS Coordinator Administrative Assistant Date Approved By County Manager's Office Office of Management & Budget 3/212007 4: 12 PM Susan Usher Senior ManagementfBudget Analyst Date Approved By County Manager's Office Office of Management & Budget 3/5/2007 1 :34 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 3/5120074:33 PM Agenda Item NO.1 00 March 13, 2007 Page 4 of 11 AGNOLT ,.,.if,'BARBER & !i'ii.BRUNDAGE~ fNC Professional Engineers, Planners & Land Surveyors 7400 Tamiami Trail N" Suite 200, Naples, FL 34108 9990 Coconut Rd" Suite 103, Bonita Springs, FL 34135 Phone (239) 597-3111 Fax: (239) 566-2203 Phone: (239) 334-1173 Fax: (239) 334-1175 MEMORANDUM Date: To: From: Subject: August 3, 2006 File 7599 - LASIP Dan Brundage Alternatives Analysis for LASIP Canal LCB-OI-COOI5 Along Queens Park. ABB has been asked by the Collier County Stormwater Management Department to investigate possible alternative canal sections and conveyance means to soften the impacts to existing homes located within Queen's Park along the alignment of LASIP Canal LCB-O I-COO 15. The County has an 80 foot wide drainage easement in this area in which to construct the canal improvements. The original permitted canal consisted of a section with a bottom elevation of 0.50 NGVD, a bottom width of21 feet, and 3:1 side slopes. The original section also included a 10 foot maintenance road along the west side of the canal and a swale, with a flow line elevation of 4.5 NGVD, between the westerly easement line and lime rock maintenance road. Refer to Exhibit A, Typical Section 1, for a drawing of the original proposed section, After receiving numerous negative comments about the maintenance road and swale being located along the westerly side of the canal a section was proposed with the maintenance road along the easterly easement line. This section however resulted in moving the canal closer to the Queen's Park homes. This section did not receive favorable reviews from the residents due to the close proximity of the canal to their homes. Refer to Typical Section 2 in Exhibit A for this section. Typical Section 3 was then developed in an effort to move the maintenance road (located along the westerly side of the canal) as far as possible to the east. This section received un-favorable reviews due to the maintenance road remaining on the Queen's Park side of the canal. C:\Documents and Settings\brundage\Local Settings\Temporary Internet Files\OLKlE7\08-039Y06 MEM (2).doc 1 Agenda Item NO.1 00 March 13, 2007 Typical Section 4 was developed with the proposed Greenway from Rattlesmfl~e 5 of 11 Hammock Road to Davis Boulevard in mind. The Greenway will run along the FPL easement to the east of the subject canal. The Greenway could function as the canal maintenance road provided FPL would approve tall equipment such as backhoes being able to operate within their easement. FPL stated they would allow equipment to work within their easement provided such equipment would not exceed 15 feet in height. This height limitation would not pose a problem for routine maintenance consisting of mowing and spraying for vegetation control. It would however pose a problem for sediment removal activities which occur on an infrequent basis (once every 10 to 20 years). Typical Section 3 was therefore developed with the understanding that routine maintenance activities would utilize the proposed greenway. The non-routine maintenance activities would utilize a hybrid maintenance road consisting of geoweb, crushed stone, and sod. This hybrid road would run along the west side of the canal. A review of the proposed canal hydraulics was also made to determine if the canal adjacent to Queen's Park could be reduced in width. This additional analysis was made by running the XP-SWMM computer model of the LASIP system for various reduced canal widths. The analysis indicated that the canal section could be reduced to a bottom width of 15 feet resulting in a minimum increase of water elevation in the canal for the 25 year storm. The canal width in Typical Section 4 has been reduced accordingly. Typical Section 5 is similar to Section 4 except one side of the canal has been steepened to a 2: 1 side slope. This steep side slope will require gabions for reinforcement. This section meets the required hydraulic capacity as discussed for Section 4. Typical Section 6 calls for the replacement of the canal with a double 5' x 10' box culvert. This size box would be required to minimize the hydraulic gradient required over the length of the box to pass the required flow. The cost of construction of Sections 1, 2, 3, or 4 would be approximately the same. The cost of construction for Section 5 would include an additional expenditure for gabions which is estimated to be $550.00 per foot of canal, resulting in an additional project cost of$1,458.000. The cost of construction of the double 5' x 10' box culvert would result in an additional cost of $2,000 per foot of canal resulting in an additional project cost of $5,300,000. C:\Documents and Settings\brundage\Local Settings\Temporary Internet Files\OLKlE7\08-039Y06 MEM (2),doc 2 Recommendation Agenda Item NO.1 OD March 13, 2007 Page 6 of 11 Sections 5 and 6 are not recommended based on the order of magnitude of the difference in cost between these two sections and the other four. Of Sections 1 through 4, Section 4 provides the most separation between the Queen's Park houses and the canal. Section 4 is therefore the recommended section to be used for LASIP Canal LCB-O I-COO 15. C:\Documents and Settings\brundage\Local Settings\Temporary Internet Files\OLKlE7\08-039Y06 MEM (2).doc 3 K:\7599 Lely Outfall Bssin\CAO\Queens Park Exhibi1\Exhibit A.dwg, 8/312006 10:47:18 AM ,'-- liii ~~~8 i:l~ ~~ f ~~ ~~ d u '" .,(,..",... I "m,,,, II :;::::." I't !: . Ill, 'ill 11[, f, I li.l I m i~ ~ ~ a ~ - - .. ~ ~ 01 ili I ~ ~ .. 01 ili I ~ ~ i ~ ~ VJ m ('J :l ~ 8' f c c -~ ~~ I I I I I I I I I 2~8 I ~~~ I fa! 1-,-1 I I _...J " I ~ ~ I VJ rrl ('J :l ::) z @ VJ m r. >-l ~ e I ~ :i ~ "r ~ :i ~ VJ m n :l ~ o t VJ m n :l ~ e I 0 I ~ I 5~ ~~ I . I "f I I I I I I I , I' I I I I 1 I VJ m 9 ~ ~ c c .~ ~~ D March 13, 2 07 Page 7 of 11 o "" Ci Z :>- t""' ." m "" ?::: ~ o VJ m r) :::l ~ ~~ ~~ ~g ~~ ~~ ggt=:l .~ ~~ ~~ ~~ ~).. ~'""I ~iO ~I ~~ * "" m n o ?::: ?::: m z " m " VJ m n >-l i5 z gen a tern o. Lely Area Stormwater Improvement Proie~ch13,2007 , .. . . . J '" !Dage8 of 11 Kick Off of Construction - Public Information Meeting .J Feb. 28,2007 Collier County Stormwater Management Department Proiect Facts · Lely Branch Canal improvements extend from Rattlesnake-Hammock Road to King's Lake Boulevard · One mile long, Six-foot depth, fifty-two feet wide (at top) channel . Greenway Project - bike & walking path planned . Construction Contract for canal: $2.46 million Anticipated Schedule · Construction is scheduled to begin in March 2007 . Completion is planned in the third quarter of 2007 Who to Contact for Information · Collier County Stormwater Management Department 774-8192 - Project Manager Shane Cox or shanecox@collierqov,net · Construction Management Oversight - URS, Inc. (305) 884-8900 Nestor Fernandez or nestor fernandez@urscorp,com · Contractor - Mitchell & Stark Construction 597-2165 - Project Manager Russ Dejonge or rdeionqe@MitcheIlStark.com Lely Branch Canal Phase 1 A Improvement Project Area Approximate finished appearance :.5\IT:..R;I ~-IT1.n;! Q\JEE'I F.W; HC~ES EX:ST.&c'DE. m. " I 10 I ]5' Typical Proposed Cross-section w (/) ~ 0.. wI- -10 ::JW ' 0,0 wOZ :co::-: 00..0 (/)~O" zw~C> Q;2(/)o I-WZ~ 0>010 ::JOO~ g:o::~~ (/)0..0::0 Z;;;<:(~ 00::1-<:( OW(/)O >-I-~o.. o::<:(-I::J <t::s:-I ~;2~ ;20::0 -01- -11-- w(/);2 g:~ 0:: <t: >- -I W -I ..tl fal' I~ ,ceJ 101 ~~~i ..:;~tO ~._.I" l~1 IIJ")I ij ~ LOj 1M1 @I I~ ~ <1:11 en :al~ -~ l~l !~ ~:I ..... I ..... 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C';, \,' a> c: '" B .:z:: <II Ul ..!!1 ro ~ J- m m Q) c: E ,;: 2 'i5 .!!l rn >< x Q.) W W 0 . ~ ell E III E ell Q) ~ ~ 8!. c: (/) .9 l1l t5 1j E Q) E 'e" ~ ~ (/) 0.. Soo- ~ ~ ~ ':f! ':\.' ~ +~acI")ID+ to .r:. U"l ..t N /D ~~OOLO~UJ t c g.Q':f!':f!~g,~ ~ g ,~ II) ~ /DID it. .... '3 al _ ~ ~ ~c_ ~ >. >,0 ~ E ~ c: ~ ~ E ~ ~ ~ 'S ~ g Q) 0 ~ al al alO:: ~.c..m ~ 0 E G.'i E E E E c: 0.. ~ m 'm "0 ~ ~ 0:: ~ ~ ~ ~.~ ~ ~ ~ 8 0 ~ c: (/) ~ (/) (/) (/) (/) ~ ~ ~ .cro E ~ ~ 5 ~ CB (jl ~ ~a .~ ~ l , -T~--r-r-r-i'-r-r--r-TTl lac !Ol 0 I..... IN ;1") l..t 1U"l I,/D It- 1100 en '10 !..... I, I .....1..... I..... I..... 'I..... I..... I..... i.......... ..... IN iN ; ,i I I '" Ul al .:z:: .... ~ Ul ~ rtl l- (/) 0.. t5 al .0' 0: Iii ~ E 0 U3 fIl" ~o <t:;;: ~~ <ll ~ -'.c:: ijl- ,9!, Qj e'tii 0..0 Agenda Item No, 10D 2007 f 11 Collier County Government Transportation Division Transportation Engineering and Construction Management Department 2885 S. Horseshoe Drive Naples, FL 34104 239-774-8192 Contact: Connie Deane Community Liaison 774-8192 or 774-8365 Eileen O'Grady Public Information Specialist 774-8192 or 213-5801 Feb. 20, 2007 FOR IMMEDIATE RELEASE Lely Area Storm water Improvement Project Phase lA Kick-off of Construction Public Information Meeting Announced The Collier County Stormwater Management Department is hosting a "Kick Off of Construction" Public Information Meeting Wednesday, Feb, 28 from 4:30 to 6:30 p,m, at St. Peter the Apostle Catholic Church, Parish Hall, 5130 Rattlesnake Hammock Road, Naples regarding the Lely Area Stonnwater Improvement Project (LASIP), Phase 1 A. This phase of the project consists of deepening, widening, and in some places reconfiguring about one mile of the storm water canal within a drainage easement adjacent to and just west of the power line easement running north between Rattlesnake Hammock Road and one mile south of Davis Boulevard between the Queens Park and Riviera subdivisions, Construction is scheduled to begin in early March and be completed in the late summer, Once completed, the canal will have a noticeable flow of water during the rainy season when stormwater runoff is generated by rainfall, During the dry season there will be no noticeable flow but we anticipate there will be water in it all year long, most years, The project was competitively bid, Six contractors submitted bids and in January the Board of County Commissioners approved the lowest qualified bidder of Mitchell & Stark Construction Company, Inc, for approximately $2.46 million for the improvements to the Lely Branch Canal from Rattlesnake Hammock Road to King's Lake, The Lely Branch Canal is a major Secondary Canal that provides the backbone for the northwestern portion of the Lely drainage basin. The improvements in Phase lA include the reconstruction of one mile of the canal and a canal maintenance roadway, There are a number of homes located west of the canal easement and a Florida Power and Light easement is to the east. The canal will be 52 to 60 feet wide at the top and have a depth of approximately 6 feet. The canal sides will typically have a gentle 3: 1 slope. A pedestrian I bicycle pathway will be constructed along west side of the southerly portion of the canal to facilitate a future FPL greenway project. The overall LASIP has been in process of study and design and pennitting for over 16 years. LASIP is a stormwater facilities improvement project that has been designed to address a multitude of storm water issues within an 11,000 acre area composed of two drainage basins in the Lely area. Neighborhoods throughout the Lely area have experienced flooding during high rainfall events. In addition to improving flood control, the LASIP project will also improve the quality of the stormwater runoff. The overall cost of the improvements is $62 million and it has been programmed for completion over the next 6 to 8 years. -illore- Agenda Item No, 100 March 13, 2007 Lely Area Stonnwater Improvement Project Phase IA Kick-ofT of Construction Public Infonnation Meeting Announced/Page 2 of 2 Page 11 of 11 The meeting will be held in an open house format. There will not be a formal presentation, The public is welcome to stop in during the two-hour time frame of the meeting to review the displays detailing the project, talk one on one with Stormwater Management Department staff and representatives of the county's construction contractor, consulting engineering inspection contractor and design team. Members of the Board of County Commissioners (BCe) may be in attendance at this public meeting. In accordance with the Americans with Disabilities Act, any person requiring special accommodations to participate in the meeting should contact the Collier County Transportation Services Division at least two days prior to the meeting by calling (239) 774-8192, If you have any questions please contact Senior Project Manager Shane Cox, P.E., with the Collier County Stormwater Management Department, 774-8192. ### [News Media: If you have any questions, please contact Community Liaison Connie Deane at 774-8365 or Public Information Specialist Eileen O'Grady at 213-5801.] Agenda Item No. 10E March 13, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation that the BCC accept the KPMG audit report and management responses related to the October 17, 2006 engagement letter between Collier County and KPMG. OBJECTIVE: Recommendation that the BCC accept the KPMG report and management responses resulting from the October 17, 2006 engagement letter between Collier County and KPMG. CONSIDERATION: At the September 12, 2006 BCC meeting, under Item 15, the Board directed the County Manager to engage KPMG in a supplemental audit of the Housing and Grants Section activities relative to Community Development Block Grant (CDBG), HOME, and State Housing Initiative Partnership (SHIP) programs. The BCC also requested a detailed review of the $98,000 "seed money" provided to the Collier County Housing Development Corporation (CCHDC) as approved by the BCC on Sept 10, 2003. KPMG was contracted by the County Manager to carry out this board request. KPMG will deliver the complete audit with management responses to the Board of County Commissioners on March 8, 2007. - FISCAL IMPACT: Cost of the supplemental audit is unknown at this time. KPMG will bill on an hourly basis when complete, GROWTH MANAGEMENT IMP ACT: None LEGAL CONSIDERATIONS: RECOMMENDATION: That the BCC accept the KPMG report and management responses as a result of the October 17, 2006 engagement letter between Collier County and KPMG, PREPARED BY: H. Denton Baker, Director CDES Operations Support Department ---' Item Number: Item Summary: Meeting Date: Agenda Item No. 10E March 13, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10E This item to be heard at 1:00 p.m Recommendation that the BCC accept the KPMG audit report and management responses related to the October 18, 2006 engagement letter between Coltier County and KPMG. 3/13/20079:0000 AM Financial Admin & Housing Director Date Prepared By Denton Baker Community Development & Environmental Services Financial Admin. & Housing 3/2/20074:38:17 PM Date Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Community Development & Environmental Services Admin. 3/5/20078:58 AM Executive Secretary Date Approved By Kathy Carpenter Public SeNices Public Services Admin. 3/51200710:19 AM Public Services Administrator Date Approved By Marla Ramsey Public Services Public Services Admin. 3/5/200710:37 AM Director Date App roved By Marcy Krumbine Public Services Housing & Human Services 3/5/20073:37 PM Management & Budget Director Date Approved By Michael Smykowski County Manager's Office Office of Management & Budget 3/6/2007 1: 20 PM County Manager Date Approved By James V. Mudd Board of County Commissioners County Manager's Office 3/6/2007 1 :56 PM .emt ---\.exv\ =if IOt:- 211'310'1 -: KPMG LLP Suite 1700 100 North Tampa Street Tampa, FL 33602 Telephone 813223 1466 Fax 813 229 3976 Internet www.us.kpmg.com '"BM"R. ~c..\d 3h\.{ 10'\ March 8, 2007 Distinguished Members of the Board of County Commissioners Collier County, Florida: ill our engagement letter dated October 18, 2006, we stated that we would perform audit procedures with respect to Collier County's Community Development Block Grant (CDBG), Home illvestments Partnership Program (HOME), and State Housing illitiatives Partnership Program (SHIP) in accordance with the provisions of OMB Circular A-l33 and Chapter 10.550, Rules of the Auditor General for the years ended September 30,2006 and 2005. The Board expressed that KPMG extend our review beyond the scope defined to include the following: · Test expenditurei>by major subrecipients for the same periods to determine that they are being used to produce results consistent with the subrecipient agreements, · Review the $98,000 "seed money" provided to the Collier County Housing Development Corporation (CCHDC) for compliance with the agreed-to accomplishments and for purposes consistent with their mission. We stated that we would prepare a written report which (1) provides our opinion on the schedule of expenditures of these programs, and (2) provides our opinion on compliance with the requirements applicable to each of these programs and on internal control over compliance. The report will indicate that it is intended solely for the information and use of the Board of COlillty Commissioners and management of Collier County, Florida and is not intended to be and should not be used by anyone other than those specified parties. We are in the process of completing our single audit which will include the opinions referred to above regarding expenditures and compliance and will also include detailed findings relative to specific grants as well as management's response to each of those findings (see Attachment). The findings that we have identified with the above grants have also been summarized later in this report. The purpose of this report is to provide additional information regarding the expenditures of the County's housing programs and specifically to discuss items that came to our attention in reviewing the $98,000 seed money provided to CCHDC, as well as our testing of expenditures for major subrecipients. Seed Monev of $98.000 Collier County requested that KPMG LLP review the $98,000 "seed money" provided to Collier County Housing Development Corporation (CCHDC) for compliance with the "agreed-to accomplishments and for purposes consistent with their mission." We noted the following: KPMG LLp, a u.s. limited liability partnership, is the U.S. member firm of KPMG International, a Swiss cooperative. ~ mJ I4am =t (DE ?A {?> [0'1 Page 2 >- On September 10, 2003, the Collier County Board of County Commissioners (BOCC) approved funding in the amount of $98,000 for the creation of a non-profit housing development corporation. >- We observed a letter dated April 9, 2004 from Joseph G. Foster (President ofCCHDC) to Connac Giblin (Housing Development Manager for Collier County). The letter requests the BOCC to provide the $98,000 of seed money to CCHDC to "assist us in our initial organizational efforts." The letter also outlines the proposed "tangible deliverables" that CCHDC would provide and the payment associated with each deliverable. The letter indicates that these deliverables were discussed with Mr. Giblin's office. We did not observe any further BOCC approvals (to provide the seed money to CCHDC) or fonnal response to Mr. Foster's letter accepting the proposed deliverables. As detailed below, however, the County made payments totaling $98,000 to CCHDC based upon the deliverables in this letter. >- There were 10 deliverables listed in the letter noted above. Those deliverables, the related payment amount, and the associated documentation observed by KPMG are as follows: · Item 1 ($8,000) Filed Articles of Incorporation with the State of Florida KPMG observed the Articles of illcorporation of CCHDC and a certificate from the State of Florida that they were filed on September 22, 2003. · Item 2 ($10,000) Hold Community Organizational Meeting to determine interested cOlporations, organizations, individuals and community resources KPMG observed an "invitation" to patiicipate in the fonnation of a Non-profit Housing Development Corporation. We also observed a copy of the "agenda" for the organizational meeting to be held on October 20, 2003. We were unable to review any minutes of the meeting or a listing of pmiicipants who attended. · Item 3 ($10,000) IdentifY interested individuals and install Board of Directors We observed a letter dated November 28,2003 from Mr. Foster to eight individuals thanking them for volunteering to serve on the Board of Directors. We also observed the minutes of the first meeting of the Board of Directors held on December 4, 2003. The minutes do not formally describe the "installation" of the board members, but list the names of the nine individuals on the Board and the names of the officers elected. I'BI I~ :tloE 3r(?; 101'] Page 3 · Item 4 ($10,000) Develop and approve corporate By-Lmvsfor the corporation We observed the By-Laws ofCCHDC. We also observed board approval of the by-laws, as reflected in the minutes of the first board meeting held on December 4, 2003. · Item 5 ($10,000) Apply for 501 (c)(3) charitable-organization status for the corporation from the U.S Internal Revenue Service (IRS) We did not observe a copy of the application submitted to the IRS, however we observed a letter fi'om the IRS dated July 20, 2004 indicating that CCHDC was exempt fi'om federal income tax under section 50l(c)(3). · Item 6 ($10,000) Hold brainstorming retreat with the members of the Board of Directors to begin process of determining organizational vision, mission statement, and goals We observed the "agenda" for a Board of Directors meeting to be held on Febmary 7, 2004. The agenda included developing a mission statement, stmcturing the board, defining problems, market conditions, resources, business lines and "next steps." We also observed one page of "Flipchart notes from the board retreat" on Febmary 7, 2004. We were unable to review minutes of this meeting. · Item 7 ($10,000) Draft and approve a Mission Statement for the cmporation We observed minutes of the Board of Directors meeting held on June 8, 2004. There was a motion approved to adopt the "Goal Setting Worksheet." This goal setting worksheet was attached to the board minutes and included the following mission statement: "The CCHDC exists to ensure that all residents of Collier County have a decent affordable home in a safe neighborhood." · Item 8 ($10,000) Develop list of short-term and long-term goals and projects for the corporation The "Goal Setting Worksheet" noted above does not specifically address "short-term" versus "long-term" goals. The worksheet lists three "target areas" and has 4-5 goals for each of these areas. The "target areas" are as follows: 1) Development of more affordable housing units 2) Assist in the development of more affordable housing units 3) County-wide resource center for affordable housing The worksheet also describes the "initial work on goals." , I'BI ~ 4-tOf -. 3r\3(O~ Page 4 · Item 9 ($10,000) Receive official recognition of 501 (c)(3) charitable-organization status of the corporation by the Us. IRS We observed a letter from the IRS dated July 20, 2004 indicating that CCHDC was exempt from federal income tax under section 501(c)(3). · Item 10 ($10,000) Receive official recognition of Community Housing Development Organizational status for the corporation from the Us. Department of Housing and Urban Development, or its designee. We observed a letter dated February 6, 2006 from Susan Golden (Grants Administration Manager for Collier County's Housing Department) to Kathy Patterson of ccHbc. The letter "certifies the CCHDC as a Community Housing Development Organization operating in Collier County effective December 8,2005." >- We observed the following with respect to payment of the deliverables described above: · CCHDC submitted an invoice dated May 26,2004 for $68,000. The invoice was signed by Mr. Foster and indicated that the first seven deliverable items (as described above) had been completed. Because we did not observe a copy of the IRS application, we could not detennine if "item 5" had been accomplished as of the invoice date. However, the letter from the IRS dated July 20, 2004, would indicate the application had been filed at the date of this invoice. In addition, the mission statement that we observed (item 7) was not fonnally approved by theBoard until June 8, 2004. We observed a copy of a check dated June 16, 2004 from the BOCC and signed by Dwight E. Brock and the Chailman of the Board of County Commissioners to CCHDC for $68,000. The purchase order associated with this payment was approved by Connac Giblin. · CCHDC submitted an invoice dated October 5, 2004 for $20,000. The invoice was signed by Mr. Foster and indicated that items 8 and 9 had been completed. We observed a copy of a check dated October 20, 2004 from the BOCC and signed by Dwight E. Brock and the Chairman of the Board of County Commissioners to CCHDC for $20,000. The purchase order associated with this payment was approved by Connac Giblin. · CCHDC submitted a request for payment signed by Kathy Patterson on February 9,2006 for $10,000, indicating that item 10 had been completed. We observed a copy of a check dated March I, 2006 fi'om the BOCC and signed by Dwight E. Brock and the Chairman of the Board of County Commissioners to CCHDC for $10,000. The purchase order associated with this payment was approved by Connac Giblin. 'mJ T~ .\oE 3{(3(0'1 Page 5 CCHDC: Expenditure and Reconciliation of Funds As noted above, the County approved funding in the mnount of $98,000 for the creation of a non- profit housing development corporation. There was not, however, a formal agreement between the County and CCHDC and we did not observe any documentation or correspondence describing the specific use of those funds. We observed the following with respect to the expenditure of the $98,000 seed money, as well as the expenditure of contribution and grant funding (as listed below) received by CCHDC. In addition, we reconciled the revenue atld expenditure items listed below to CCHDC's general ledger and bank statement as of September 30,2006. Sources and uses of funds provided to CCHDC by Collier County (from inception through September 30,2006) Funds provided to CCHDC from Collier County: HOME: land acquisition Total funding received fi'om Collier County $320,000.00 Paid to CCHDC on 12/19/05; approved by Rosa Munoz, Connac Giblin and Denny Baker. 7,500.00 Paid to CCHDC on 2/17/06; approved by Rosa Munoz and Connac Giblin. The total developer fee is $30,000 and the balance will be paid as certain milestones are achieved. 72,000.00 Paid to CCHDC on 7/11/06; approved by Rosa Mlmoz, Cormac Giblin and Dermy Baker. 9,375.00 Paid to CCHDC on 7/11/06; approved by Rosa Munoz, C0l111ac Giblin and Denny Baker. 98,000.00 See payment dates and approvals noted above. HOME: developer fee CDBG: land acquisition CDBG: closing costs and developer fee Seed money from Collier County $506,875.00 Land acquisition costs: Land acquisition: Cirrus Pointe Joint Venture $320,000.00 Observed sales contract and closing statement showing the total land cost of$1,080,000. Funds were used to pay a portion of the acquisition cost associated with providing 32 units of affordable housing. The balance of the purchase price as well as closing costs and constmction and interest reserves of $445,000 were paid for by 'mJ Page 6 Land acquisition: 819 Church Street, Copeland Closing costs: 819 Church Street, Copeland Stan-up and operating costs: Salary and payroll taxes Health insurance reimbursement Telephone and intemet services Rent and sigtlage ~ :tt to 3(l?;fO f1 Cinus Pointe Partners LLC. The closing was handled by the Porter Wright law flll11. See the Single Audit comments for issues noted with respect to this transaction. $72,000.00 Observed sales contract and closing statement for $72,000. 2,368.46 Appraisal fee of$375 (paid to Gary Bowles Appraisal Services) and closing costs per the closing statement of $1 ,993 .46. Closing costs per the closing statement were as follows: $150 settlement fee paid to Porter Wright Monis & Arthur, LLP, $175 title search paid to Attomeys' Title msurance Fund, $100 title examination paid to Porter Wright, $64 title insurance paid to Porter Wright, $18.50 recording fee, $504 of State tax/stamps, $1,050 survey paid to F.L.A. Surveys, $10 phone/fax/copy charges paid to Porter Wright, $32 garbage collection fee, less a credit for County taxes of$110.04. Note: CCHDC received $3,375 from the County for closing costs. Costs incuned totaled only $2,368.46 (difference of$1006.54.) $394,368.46 $73,516.30 Bi-weekly salary for Kathy Patterson (Executive Director) of$1,634.62 statiing 2/24/05, plus employer payroll taxes. 7,862.92 Monthly payment of $561.83 paid directly to Kathy Patterson to cover the costs of health insurance. Payments were made for the months of March 2005 to April 2006. 4,163.03 Observed invoices from Sprint, Embarq, and Com cast. 3,851.41 Observed lease agreement (NBC Building) and invoice for sigtlage. CCHDC occupied this space from , I'BI Page 7 Travel expense $3,824.55 Office and computer supplies 2,329.04 Tax return and financial statement review 2,700.00 Payroll processing fees 1,527.84 Printing services Business fees and taxes 1,214.20 1,108.60 Insurance 841.60 I~ *\01 3((3/0'" April of2005 to June of2006. Mileage reimbursement of $457.43 to Kathy Patterson. Travel to attend Florida Affordable Housing Conference of$663.02, travel to Tallahassee of $494.30, travel to attend "Florida Housing Coalition Financing & Developing Affordable Housing" of $324, travel to attend "Housing Coalitions Alternative Funding Sources" of$307.70, travel to attend "Quantitative Analysis of the SHIP program" of$465.10, hotel for National Community Latld Tmst Conference of $756, hotel for 2006 Florida Housing Coalition conference of$357. Observed invoices fi'om Office Depot, Office Max, QuickBooks, Circuit City, Success Computers, Home Depot, Ace Hardware, Harland Checks, US Postal Service, Traci Grothause (purchase of $150 desk), atld Comp USA. Observed reimbursement to Kathy Patterson in the atnount of $732.29 (supported by invoices from Office Max, Office Depot, Costco Check Printing, QuickBooks, Success Computers, and Costco). Observed invoice from Robert T Resha, CPA. Observed reports from Paychex and mtuit. Observed invoices from Kwik Kopy. Observed documentation relating to Division of Corporations, Florida UC Fund, and Florida Depmiment of Revenue. Observed invoice from POlter Wright Monis & Althur (reimbursement of $500 recording fee, $168.75 incorporation fee, $8.75 certificate of status, $79.45 long distance, courier and copy charges, $61.25 Division of Corporation fee for 2006). Observed invoice fi-om Ott msurance Agency. I'BI ~ =t(oE 0( l310fJ Page 8 Advertising Subtotal - start-up and operating costs $767.00 Observed invoices from Naples Daily News and Naples Sun Times. 438.10 Observed invoices from Success Computer Consultants, Willett Associates, and Michael R. Memoli. 300.00 Observed invoices from Florida Housing Coalition. 125.00 Observed bank service charges per the bank statement and invoices from Trophy Case of Naples, Community Foundation, and Horizon Foundation. Computer consulting Membership fees Miscellaneous $104,569.59 Total costs associated with funds provided through Collier County $498,938.05 Remaining funds at September 30, 2006 $ 7,936.95 (Note: Payroll atld payroll taxes from October I, 2006 to December 31,2006 would total $12,3l7.69, thus utilizing the remaining funds.) CCHDC: Revenue from sources other than Collier County: ContIibutions - $ 1 ,280 and grants - $3,700 Housing Fair vendor fees $4,980.00 3,200.00 8,180.00 Expenses associated with these sources - includes costs associated with: Housing Fair Training fees partially funded by grants Computer funded by grant Miscellaneous items 1,303.91 1,175.00 1,519.63 672.94 4,671,48 Remaining "other funds" at September 30, 2006 $ 3,508.52 Reconciliation to CCHDC's records and bank statement as of 9/30/06: Remaining funds from Collier County Remaining funds from "other sources" Total (agrees to balance per CCHDC books at September 30,2006) Outstanding checks ($268.05 Office Depot, $380.67 Embarq) Balance per the bank statement as of September 30, 2006 $ 7,936.95 3,508.52 11,445.47 648.72 $12,094.19 I~ ~Ol 3/f3fo'1 I'BI Page 9 Collier County Housinl! Grants: Testinl! of Expenditures for CDBG, HOME and SHIP: In conjunction with our single audit testwork, we observed documentation associated with expenditures as follows: CDBG HOME Year ended September 30,2006: Total grant expenditures $2,038,491 $1,242,713 Less: payroll expenditures (tested separately) (429263) (84,645) Remaining expenditures $1.609.228 $1.158.068 Expenditures tested by KPMG $1.036291 $757.508 Percent coverage 64% 65% SHIP $2,064,606 (163,460) $1.901.146 $436.052 23% · Subrecipient expenditures made from CDBG funds totaled $664,856. See additional procedures perfonned relative to major subrecipients. · Subrecipient expenditures for the HOME program in fiscal 2006 totaled $700,114 ($148,614 of tenant-based rental assistance [TBRA] at1d $551,500 of expenditures paid to CHDOs), KPMG observed documentation relating to TBRA assistance of $38,992 and 100% of the costs related to the CHDOs. See additional procedures perfonned relative to major subrecipients. Other expenditures related primarily to providing direct assistance to homeowners. · There were no subrecipient expenditures for the SHIP program in fiscal 2006. Expenditures related primarily to providing direct assistance to homeowners. CDBG HOME SHIP Year ended September 30, 2005: Total grant expenditures $1,272,962 $609,288 $2,500,669 Less: payroll expenditures (tested separately) (382,901 ) (8 1.086) (169,807) Remaining expenditures $ 890.061 $528.202 $2330,862 Expenditures tested by KPMG $726.113 $215.234 $274.622 Percent coverage 82% 41% 12% · Subrecipient expenditures made from CDBG funds totaled $674,000 See additional procedures performed relative to major subrecipients. 'mJ I~ *\0' ?;([3 {o'1 Page 10 · Subrecipient expenditures for the HOME progrmn in fiscal 2005 totaled $91,650 ($76,145 of tenant-based rental assistance [TBRA] and $15,505 of CHDO operating expenses.) KPMG observed documentation relating to TBRA assistat1ce of $36,768 and CHDO operating costs of $8,540. Other expenditures related primarily to providing direct assistance to homeowners. · There were no subrecipient expenditures for the SHIP program in fiscal 2005. Expenditures related primarily to providing direct assistance to homeowners. Additional Notes on Subrecipient Expenditures We obtained a listing of subrecipient expenditures in fiscal 2005 and 2006 that were directly associated with the development or rehabilitation of affordable housing units. Subrecipients with such expenditures were as follows: · Collier County Housing Development Corporation · Big Cypress Housing Corporation · Empowerment Alliance of Southwest Florida · Habitat for Humanity · Immokalee Nonprofit Housing · Immokalee Senior Housing We requested a detail of expenditures for each of these subrecipients for the period October 1, 2004 to September 30, 2006. We observed contractual agreements, expenditure documentation, and monitoring documentation associated with these expenditures. See the 2006 Single Audit findings (Attachment) associated with these expenditures. The status of these projects, as documented in monitoring repoI1s, correspondence, or VIa discussion with Housing Department staff, was as follows in the first quarter of fiscal 2007: · Collier County Housing Development Corporation (HOME funds of $350,000; contract dated December 14, 2005, $327,500 expended in fiscal 2006) · Project involves the acquisition of land to construct 32 affordable housing units in a mixed-income condominium development. · Per the agreement, construction was supposed to start August 31, 2006. The project deadline for completion of all units and occupancy by qualified buyers is May 30,2007. · The project is not ruIming according to schedule. The subrecipient had not started construction on the project as of December 31, 2006. Per discussion with CCHDC, the project is cUlTently in the pennitting process. The project experienced pennitting delays due to replacing the architect. In addition, due to the slower real estate market, the joint venture has not pre-sold the required number of units to draw construction funds. I'BI ~ .\Q 3fr3/o'1 Page 11 · Collier County Housing Development Corporation (CDBG funds of $100,000; contract dated June 1, 2006, $81,375 expended in fiscal 2006) . Project involves the acquisition of property at 819 Church Street in Copeland for the fhture constmction of an affordable housing unit or duplex. Fifty percent of the funds were required to be expended by December 1, 2006. The subrecipient met this requirement. The subrecipient is required to secure construction funding by May 31, 2007 and complete the outlined activities by June I, 2007. CCHDC must complete the project (including traIlsfer of title to an income-eligible homeowner) within 3 years. Per discussion with CCHDC, they split this lot and will build 2 modular homes on the propeliy. They have obtained constmction bids and are working to finalize constmction finmlcing, which may come from the Florida Housing Finance Authority, SHIP and/or a financial institution. . . . · Big Cypress Housing Corporation (HOME funds totaling $224,000; contract dated July 26, 2005; all funds expended in fiscal 2006) · Project involves the development and constmction of four single-faInily rentallmits for the homeless at Eden Gardens. · Per the agreement, constmction was supposed to start November I, 2005. The project deadline for completion of these units was November 1, 2006. · The project is not mnning according to schedule. The subrecipient had not stmied construction on the project as of December 31, 2006. Per discussion with Housing Department staff, there were unexpected delays due to environmental issues and County site-plan issues. · Empowerment Alliance of Southwest Florida (EASF) (CDBG funds totaling $239,550; contract dated May 22, 2003, amended Febmary 9, 2006; $85,261 expended in fiscal 2005, remainder expended prior to fiscal 2005) · Project involves the site development of a parcel of laIld (known as Milagro Place) to support the constmction of approximately 26 single-faInily homes for income eligible residents. · The project completion date for the 26 units per the original contract was July 2005. Per the amended agreement, the extended time frame for completion of the outlined activities is June 15,2007. · The October 2006 "monthly progress report" indicates that eight units are finished and occupied and five units are completed (with two scheduled to close in November 2006 and three awaiting final homeowner approval.) EASF stated that they have picked up permits for the next seven units. Permits for the remaining six units will be pulled at a later date. I'BI ~ =#-\OE 3{r3{0'1 Page 12 · Habitat for Humanity (CDBG funds totaling $500,000; contract dated December 9,2004; all funds expended in fiscal 2005) · Project to acquire 100 acres of land and construct at least 250 new owner-occupied housing units for low-income residents. · Funds were expended in 2005 to acquire land. Habitat for Humanity met the deadline to expend the funds by March 31, 2005. · The contract states that re-zoning and pennitting is aIlticipated to take three years. It also states that 50% of the units must be completed by June 30, 2010. · The November 2006 "monthly progress report" indicates that environmental studies, land planning, pennitting and zoning are in progress. As such, the project appears to be on schedule. · lmmokalee Nonprofit Housing (CDBG funds of $218,600; contract dated November 21,2005, amended June 14, 2006 and September 12,2006; $163,884 expended in fiscal 2006) · Project to install 40 permanent air conditioning aJld heating units in the homes of income- eligible households in SaIlders Pines, Immokalee. · The project completion date per the original contract was June 15, 2006. Per the amended agreement, the extended time frame for completion of the outlined activities was October 31, 2006. · The project is complete. The final lien release fi'om the contractor was dated November 7, 2006. · lmmokalee Senior Housing, Ltd. a/k/a United Church Homes (CDBG funds of $200,000; contract dated December 19, 2005; $22,047 expended in fiscal 2006) · Project to construct 30 rental units for very-low income elderly residents. This subrecipient also received $275,000 of CDBG funds in fiscal 2004, which was expended to acquire land for this project. · The project has experienced problems and the subrecipient has not adhered to the project schedule. The County tenninated all agreements with this subrecipient on December 6, 2006 aJld demanded repayment of all grant funds (totaling $297,047.) Per discussion with Housing Department staff, the funds have now been returned to the County. Summary of2006 Audit Findines The following is a sUlmnary of the findings related to Housing grants that are included in the fiscal 2006 Single Audit repOlt. Please refer to the Attachment for the specific findings associated with each funding. ~ .\oE 3((3(0'l mu Page 13 Findin!:! 2006-1 Completion of the environmental review process is mandatory before taking a physical action on a site, or making a commitment or expenditure of HUD funds for property acquisition, rehabilitation, conversion, lease, and repair or construction activities. At the time of our initial audit testwork, an environmental review had not been perfonned or fully documented for one HOME project (land acquisition by Collier County Housing Development Corporation) and four CDBG projects (Immokalee Non-Profit Housing, Collier County Hunger & Homeless Coalition, David Lawrence Center, Empowerment Alliance of Southwest Florida.) Findin!:! 2006-2 A Community Housing Development Organization (CHDO) is a specific type of nonprofit entity that must meet certain requirements pertaining to legal status, organizational structure, capacity and experience. As of September 30, 2006, the County had certified the following three organizations as CHDOs: · Collier County Housing Development Corporation (CCHDC) · Empowerment Alliance of Southwest Florida (EASF) · Big Cypress Housing Corporation (Big Cypress) We observed documentation maintained by the County to detennine if these organizations met the criteria to qualifY as a CHDO. We noted deficiencies with respect to the CHDO documentation on file for each of these organizations. Findin!:! 2006-3 The County must reserve 15 percent of its HOME allocation for investment in housing to be developed, sponsored, or owned by CHDOs. This 15% allocation is refelTed to as "set-aside" funds. The County entered into a contract with CCHDC to provide $350,000 of HOME funds (including $115,000 of CHDO set-aside funds) for development of 32 affordable housing units. The County has indicated that it believes CCHDC is fulfilling the capacity of a CHDO "developer" on this project. Based upon HUD's "Building HOME" guide and our review of the contract documents, it does not appear that CCHDC met the conditions to be considered a "developer." Findin!:! 2006-4 If a CHDO is utilizing "set-aside" funds for a project and owns this project in partnership, it must be the managing general paIiner. m acting in any of the capacities specified, the community housing development organization must have effective project control. The County entered into a contract with CCHDC to provide the $350,000 of HOME funds (including $115,000 of CHDO set-aside funds) for development of 32 affordable housing units. CCHDC entered into a joint venture (N) agreement with James Fields/Cinus Pointe Partners to develop this project. Based upon our review of the N agreement, CCHDC was not designated as the managing general partner and did not have effective project control at the time HOME funds were expended. mJ ~ :#.{of "3{ f3 (011 Page 14 Findi11l! 2006-5 Requirements under the Unifonn Relocation Act for a voluntmy real propelty acquisition include the following: (1) inform the property owner in writing that the power of eminent domain will not be used to acquire the property if negotiations fail to result in an amicable agreement; (2) no specific site is designated for acquisition; and (3) provide the property owner a Wlitten estimate of the fair market value of the property before entering into a contract for sale. One of the County's subrecipients (Big Cypress) acquired a pat"cel of real property with HOME funds totaling $224,000. The propelty owner was not provided the information required in items (1) and (3) above by either the County or Big Cypress. Findinl! 2006-6 HOME regulations state that administration of tenant-based rental assistance (TBRA) IS eligible only as a "general management oversight and coordination" cost. TBRA administrative costs totaling $20,000 were paid to the Collier County Housing Authority, however they were not funded as required. These administrative costs were essentially drawn fi"om "project" funds instead of "administrative" funds. Findinl! 2006-7 The County must provide eligible matching contributions equal to 25% of HOME funds drawn from the U.S. Treasury. Match funds must be contributed permanently to the HOME program aJld as such, all repayment, interest or other retlln1 on investment must be deposited in the County's HOME account to be used for HOME projects. The County was not aware that SHIP loans used as "match" must be pennanently contributed to the HOME program and as such, did not have a control mechanism in place to determine proper treatment of "match" loan repayments. Findinl! 2006-8 Agreement with Collier County Human Services: Collier County entered into an $85,000 agreement with another County depmiment (Human Services) to provide intake services. Human Services was paid a flat fee of either $687.50 or $1,000 for each patient seen by the local physician network. These fees were paid without any SuppOliing documentation as to the actual cost of Collier County's OWll Human Service Department to complete these intake services. Agreement with David L<<wrence Center (DLC): The County entered into a $100,000 contract with DLC to provide urgent medical care atld patient assistance services. The rates used for reimbursement did not adhere to the documentation requirements (payroll reports) as described in the contractual agreement. Instead, the rates used were based upon a contract between DLC and the Department of Children & Families. I'BI ~4-\t)f ?J( e forI Page 15 Findine: 2006-9 Program income must be fully expended before entitlement funds are drawn fi'om the U.S. Treasury. The County received HOME program income for the first time in fiscal 2006. The fIrst two program income payments received of $15,000 and $13,386 were not utilized prior to drawing entitlement funds. Findine: 2006-10 The County entered into an agreement with Big Cypress Housing Corporation for development of affordable rental housing using $224,000 of HOME funds. The "Scope of Work" per the contract states that funds were for the development and construction of four single-family rental units to be used for homeless families. HOME funds were not expended in accordatlce with the "scope of work" and were not used solely for the four single-family rental units described above. mstead, the $224,000 was used to acquire all of the land for Phase I of a development known as Eden Gardens. This land will be used for the four single-family homes described above, as well as a 51-unit apartment complex for income-eligible households. Findinl!s 2006-11 and 2006-15 Compensation for personnel services rendered in conjunction with Federal awards must be documented and supported as described in OMB Circular A-87. Documentation of payroll allocations was not sufficient for the first four months of fiscal 2006. m addition, salary charges to the CDBG program for one part-time employee were not supported by semi-annual celiifications or time sheets indicating she worked solely on CDBG activities. Findine: 2006-12 HOME regulations describe the provisions that must be in written agreements with a "for- profit or nonprofit housing owner, sponsor or developer." One requirement is that the agreement must provide for a means of enforcement of the affordable housing requirements by liens, deed restrictions or covenants running with the land. The contracts with Big Cypress Housing Corporation and CCHDC did not provide for enforcement of the agreement, as described above, at the time funds were expended. We also observed other requirements that were not included in the written agreements with these developers. Findinl! 2006-13 Revenue per the SHIP Annual Report was supported by detailed schedules, but was not reconciled to the general ledger. There were substantial differences between the SHIP Annual RepOli and the general ledger. The County has a process in place to reconcile expenditures per the SHIP Annual Report to expenditures in the general ledger. We noted, however, several differences that had not identified by the Housing DepaIiment. ~ *loE ?;{r3(0'1 I'BI Page 16 Findine: 2006-14 SHIP funds must be encumbered (as defined) within 12 months from the end of the applicable State fiscal year. SHIP funds must be expended within twenty-four months from the end of the applicable State fiscal year. If funds are not encumbered or expended within these periods, they may be reduced or recaptured by the State. Per the SHIP annual report filed in September of 2006, funds totaling $1,771,569 from the 2004/05 program year were not encumbered, as required by the State of Florida. * * * * * I will be present at the Board of County Commissioners' meeting on March 13,2007 to answer any questions or comments you may have regarding this report. Deanne Wilkins, who seniored this engagement and performed most of the detailed work, will also be present. Very truly yours, KPMG LLP ~~~~{? Partner DMJ:pd Attachment I'BI ~ #tCE 31 r3 (Or') Attachment Findings Associated With Federal Awards Finding 2006-1 Federal Agency: U.S. Department of Housing and Urban Development Programs: Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) CFDA numbers: 14.218, 14.239 Criteria: HOME regulation S92.352 requires that the environmental effects of each activity carried out with HOME funds be assessed in accordance with the provisions of 24 CFR Part 58 - "Environmental Review Procedures for Entities Assuming HUD Environmental Review Responsibilities." Completion of the environmental review process is mandatory before taking a physical action on a site, or making a commitment or expenditure of HUD or non-HUD funds for propeliy acquisition, rehabilitation, conversion, lease, repair or construction activities. (HUD Notice CPD-O 1-11) The County must maintain a written record of the environmental review undertaken for each project (known as the Environmental Review Record or ERR), which includes documentation described in 24 CFR S58.38. Conditions: At the time of our initial audit testwork in August 2006, an environmental review had not been perfonned for the following HOME project: · Collier County Housing Development Corporation - land acquired on December 19, 2005 using $320,000 of HOME funds. This project was subject to a full environmental assessment in accordance with 24 CFR 58.36. At the time of our initial audit testwork in August 2006, environmental reviews had not been perfonned or fully documented for the following CDBG projects: · Immokalee Non-Profit Housing - contract to purchase and install air conditioning units for 40 income- eligible homes. Items in 24 CFR S58.5 were not addressed for this "categorically excluded" rehabilitation activity. · Collier County Hunger & Homeless Coalition - contract to provide tenant-based rental assistance: Items in 24 CFR S58.6 were not addressed for this "categorically excluded" activity. · David Lawrence Center - contract to provide mental health services: Items in 24 CFR S58.6 were not addressed for this "exempt" activity. · Empowennent Alliance of Southwest Florida - contact to provide vocational training: There was no documentation in the file to document this as an "exempt" activity. Additionally, items in 24 CFR 958.6 were not addressed. Questioned Costs: HOME: -Land acquisition costs of$320,000 -Developer fee of $7,500 associated with the land acquisition I'BI :t~ ::el.rOE '3 {'a 10'1 Attachment (cont.) CDBG: -Payments totaling $161,471 were made relating to the Immokalee Non-Profit Housing contract prior to the County completing the ERR. -Documentation issues on the other projects (which are not associated with development or construction activities) are not considered to result in questioned costs. Context/Effect: We observed the ERR in conjunction with expenditure testwork. We noted exceptions in 4 of 10 projects in the CDBG sample and in 1 of 17 projects in the H01v1E sample. Recommendation: The County has now completed an Environmental Review Record for each of the above projects. Environmental reviews should be completed for each project prior to IDIS set-up and prior to expending any grant funds. To ensure completion of environmental assessments, we recommend implementation of oversight controls. After each ERR is completed, it should (1) be signed and dated by the appropriate staff member and (2) be reviewed and approved by management. The approved ERR should then be forwarded to the person responsible for IDIS set-up (to initiate this process) aJld subsequently placed in the appropriate file. We recommend the County update its policies and procedures to document all controls and processes associated with environmental reviews. Management Response: Collier County concurs with this finding and as indicated in the recommendation above has already implemented additional environmental practices and procedures. Consequently, our positive completion of all environmental reviews and implementation of additional practices ffild procedures has validated all HUD eligible activities and any and all questioned costs associated with these aJld future projects. Finding 2006-2 Federal Agency: U.S. Department of Housing and Urban Development Program: Home fuvestment Partnerships Program (HOME) CFDA number: 14.239 Criteria: A Community Housing Development Organization (CHDO) is a private nonprofit community-based service organization fonned for the purpose of developing affordable housing for the community it serves. A CHDO is a specific type of nonprofit entity that must meet certain requirements pertaining to legal status, organizational structure, capacity and experience. To qualify as a CHDO, a non-profit organization must meet the criteria listed in the HOME regulations (92.2) aIld further described in HOD's "Building HOME". Background: As of September 30, 2006, the County had certified the following 3 organizations as CHDOs: Collier County Housing Development Corporation · fuitial date of certification by the County: 2/06/06 (with an effective date of 12/08/05) · Agreement associated with use of CHDO funds: The County entered into a contract on 12/14/05 to provide $350,000 of HOME funds (including $115,000 of CHDO set-aside funds) for a mixed income condominium development. 2 I'BI ~ -#loE 3>( ra fo'" Attachment (cont.) Empowennent Alliance of Southwest Florida · Initial date of certification by the County: 6/19/03 · Agreement associated with use of CHDO funds: The County entered into a contract on 10/03/04 to provide $37,000 of CHDO operating funds and $224,000 of CHDO set-aside funds for construction activity. The set-aside funds were never expended by EASF. Big CyPress Housing Corporation · Initial date of celiification by the County: 9/15/04 · Agreement associated with use of CHDO funds: The County entered into a contract on 7/26/05 to provide $224,000 of CHDO set-aside funds. The funds are to be used for development and construction of 4 single-family rental units for the homeless at Eden Gardens. Conditions: We noted the following with respect to documentation of the requirements to qualify as a CHDO: Collier COWlty Housing Development Corporation (CCHDC) · The "Building HOlvtE" guide states the following: "A CHDO must provide a fonnal process for low income program beneficiaries to advise the CHDO on design, location of sites, development and management of affordable housing. The process must be described in writing, and must be included in the organization's by-laws or a board resolution." CCHDC's formal process was not included in either the organization's by-laws or a board resolution. As such, it does not appear that CCHDC met all of the CHDO criteria. · Although the County ultimately determined that CCHDC met the criteria associated with low- income board representation, documentation in the file did not initially support this conclusion. It appears that the controls associated with CHDO certification were not working effectively. · The County awarded $115,000 of CHDO funds to CCHDC on 12/14/05. The County did not fonnally certify CCHDC as a CHDO, however, until 2/06/06. The celtificationletter indicated the effective celtification to be 12/08/05.) As such, it appears the County awarded CHDO funds prior to obtaining all necessary CHDO documentation. Empowerment Alliance of Southwest Florida (EASF) · The "Building HOlvtE" guide states the following: "A CHDO must provide a fonnal process for low income program beneficiaries to advise the CHDO on design, location of sites, development and management of affordable housing. The process must be described in writing, and must be included in the organization's by-laws or a board resolution." EASF's written process was not included in either the organization's by-laws or a board resolution. As such, it does not appear that EASF met all of the CHDO criteria. · There was no specific documentation in the files we observed addressing requirements associated with "CHDO experience" and "CHDO capacity". The County indicated that EASF staff were well known and respected in the community and had participated in projects in the Immokalee area. The County also indicated that they relied on CHDO celiifications that EASF received fi'om Florida 3 I'BI ~ "loE 3/r3fo~ Attachment (cont.) Housing Finance Corporation. Specific documentation addressing "CHDO experience" and "CHDO capacity" is now on file. Big Cypress Housing Corporation · The "Building HOME" guide states the following with respect to CHDO capacity: "CIIDOs must demonstrate the capacity of key staff to CatTY out the HOME-assisted activities they are plarming. This means the CHDO must have (1) experienced staff who have successfully completed projects similar to those proposed by the CHDO; or (2) key staff with limited or no experience, and who will use experienced consultants for the planning and development activities, as long as there is a plan in place for the consultant to train the key staff." There is a written statement from Big Cypress that the organization has no employees. Although the president of Big Cypress indicated employees of a related organization would act as "key" staff, this does not appeat. to meet the "CHDO capacity" requirement as described above. General · A maximum of 1/3 of the board of a CHDO may consist of representatives of the public sector. Each CHDO provided the County with annual lists of its board members, however these lists did not identify members that would be considered "public sector". This infonnation was later provided to the County, who determined that the maximum limits were not exceeded in any case. Questioned Costs: The types of expenditures described above are allowable under the HOME regulations. They cannot, however, be classified as "CHDO" expenditures if the associated entity is not a properly docwnented CHDO. Context/Effect: We observed documentation of CHDO requirements for each of the 3 entities that have been certified by Collier County. HOME funds designated for CHDOs can be de-obligated if commitment and expenditure requirements are not met. Recommendation: We recommend fonnal policies and procedures with respect to CHDO certifications. The policies should address initial CHDO certification as well as CHDO re-certifications, and require completion of an annual checklist. For initial certifications, the County should have documentation to support each item on this checklist. Documentation required for re-certifications should also be described. To ensure proper controls are in place, we recommend coordination of CIIDO documentation by one individual and review and approval by another. Management Response: Collier County Housing Development Corporation (CCHDC)-- Low Income Community Input: The by-laws of CCIIDC include a statement of compliance that CCHDC would create a "process for low income community input." CCHDC did adopt by Board motion a fonnal written process for low income community input. CCHDC's actions since its inception have reinforced this policy. CCHDC has now adopted an official corporate resolution on January 11, 4 . I'BI ~*IOE 3/(3 fo'l Attachment (cont.) 2007 validating that their official policy of low income community input has been in existence since creation of the organization. Low income Board representation: As part of the County's CHDO Certification checklist process, low- income board participation is verified by staff. CCHDC has always and continues to maintain their required minimum number of low income board members. CHDO Certification Date: The certification process for CCHDC occurred over approximately a 9 month period. On December 8, 2005 county staff attended the Board meeting where the CCHDC adopted the two remaining policy items, thus completing all of the HUD checklist requirements for their CHDO certification status. Empowerment Alliance of Southwest Florida (EASF)-- CHDO Low-income community input and CHDO Capacity: EASF has been a State of Florida certified CHDO since 2002. The State guidelines for CHDO certification are identical to HUD guidelines. Documentation of State CHDO approval is on file with Collier County. EASF has been operating in Collier County since 2000 which substantiates their capacity and experience working in the low-income community ofImmokalee. Big Cypress Housing Corp - CDHO Capacity and Staffmg: Big Cypress CHDO operates as a subsidiary of Everglades Community Association. The staff of the orgatlization is allocated to the parent organization supporting the CHDO and charges their time accordingly. Everglades Community Association operates 3 certified CHDOs throughout Florida in Collier, Manatee, and Miami-Dade cOlmties utilizing the same staffing relationships. Everglades Community Association and its subsidiaries have developed over 1,000 units throughout Florida. It is common practice for nonprofits to create new corporate entities for each new housing development. As a result, staff remains on the parent corporation's payroll for administrative expediency. Big Cypress retains the staff talent by absorbing the appropriate cost of their share of the parent corporation's payroll cost. Chapter 8 of Building HOME (page 8-11) specifically provides for alternative staffing plans that would allow this staffing arrangement to satisfY the requirement for staff capacity and experience. Big Cypress Housing Corporation developed and owns the 79-unit Main Street Village in Immokalee. In addition, Steve Kirk, President and Executive Director received a national award fi'om the Housing Assistance Council in Washington, DC in December 2006 for his efforts to develop housing for migrant fann workers. In essence, it is our opinion, that this CHDO meets the HOME requirements in substance over fornl. General-- Collier County is confident that all three organizations have been appropriately celiified as Community Housing Development Organizations (CHDOs) and that all expenditures are in compliance with HOD HOME regulations. The HOD CHDO Certification checklist will continue to be used annually for re- celiifying all organization seeking CHDO status in Collier County. 5 mJ _ .[OE 3/r3{<i1 Attachment (cont.) Finding 2006-3 Federal Agency: U.S. Department of Housing and Urban Development Program: Home fuvestment Partnerships Program (HOME) CFDA number: 14.239 Criteria: Within 24 months after HUD notifies the participating jurisdiction (PJ) of RUD's execution of the HOME fuvestment Pminerships Agreement, the PJ must reserve not less than 15 percent of the HOME allocation for investment only in housing to be developed, sponsored, or owned by CHDOs. (24 CFR 92.300(a)) This 15% allocation is referred to as "set-aside" funds. The "Building HOME" guide states the following with respect to qualifying as a CHDO "developer": If the CHDO does not own the property, it must be under a contractual obligation with the owner to obtain financing and rehabilitate or construct the project. Under this scenario, the CHDO assumes all of the risks and rewards associated with being the project developer. A written agreement between the CHDO and the property owner must detail the CHDO's specific obligations. Condition: The County entered into a contract with CCHDC on December 14, 2005 to provide $350,000 of HOME funds (including $115,000 of CHDO set-aside funds) for a mixed-income condominium development. CCHDC is termed as a "sponsor" in the contractual agreement. The County has indicated, however, that it believes CCHDC is fulfilling the capacity of a CHDO "developer" on this project. Based upon the "Building HOME" guide and our review of the contract documents, it does not appear that CCHDC met the conditions to be considered a "developer". CCHDC was not responsible for obtaining project finaJlcing and is not assuming all risks/rewards associated with being the developer. Additionally, CCHDC's specific obligations as a developer are only described in general terms in the joint venture agreement. Questioned costs: Although expenditme of HOME funds in this manner is allowable, it would not fulfill the County's requirement with respect to reserving 15% of its HOME allocation for CHDOs. Context/Effect: There was one other expenditure associated with CHDO "set-aside" funds 111 FY 2006. No similar exceptions were noted in this case. Recommendation: We recommend thorough research and review of CHDO requirements prior to entering into a contractual agreement. Additional review and approval procedures should be developed with respect to CHDO expenditures to ensure that all conditions are met prior to release of any CHDO funds. We recommend formal documentation of all CHDO requirements and controls. Management Response: Collier County reviewed HUD HOME mles and made the determination that the Collier County Housing Development Corporation (CCHDC) was acting as a developer in the case of the Cirrus Pointe project. The joint venture agreement between CCHDC and Jim Fields states that both parties are responsible for the development of the project. This contractual agreement details the property owner and the CHDO's 6 I'BI ~ -#COE 3fa fo'} Attachment (cont.) specific obligations to bring this project from conception to completion. "The parties desire to fonn a joint venture for the development and sale of the parcel according to this agreement. The pmiies hereby create a Joint Venture for the construction and sale of 108 residential condominium units on the parcel." In addition, the CHDO will be involved in efforts to secure additional financing for this project and the prequalification and sale of the affordable units. HUD encourages CHDO's to develop partnerships in order to more successfhlly develop, construct, finance and sell affordable housing. According to BUD regulations a CHDO is defined as a "Developer" when it "has a contractual obligation to a property owner to develop a project." In addition, "In the Developer role, the CHDO carries out some or all of the principal project development activities." (Building HOME pgs 8-12 and 8-15) On January 16,2007, staff requested clarification from the Miami HUD office on this matter. Finding 2006-4 Federal Agency: U.S. Department of Housing and Urban Development Program: Home fuvestment Pminerships Program (HOME) CFDA number: 14.239 Criteria: HOME regulation S92.220(a)(l) states the following with respect to set-aside funds for Community Development Housing Organizations (CHDOs): "The funds must be provided to a community housing development organization, its subsidiary, or a partnership of which it or its subsidiary is the managing general partner. If a CHDO owns the project in partnership, it or its wholly owned for-profit or non-profit subsidiary must be the managing general partner. fu acting in any of the capacities specified, the community housing development organization must have effective project control." Background and Condition: The County entered into all agreement with CCHDC on December 14, 2005 to provide the $320,000 of HOME funds (including $115,000 of CHDO set-aside funds) for development of a mixed-income condominium project and $30,000 of HOME funds to pay CCHDC a developer fee. The $320,000 was expended on December 15, 2005 to acquire land and the initial payment of $7,500 of developer fees was paid. CCHDC entered into a joint venture (N) agreement with James Fields/CilTUs Pointe Partners (the Venturer) on November 30,2005 to develop a multi-family condominium project. Thiliy-two units in this project are to be sold to income-eligible homebuyers. CCHDC agreed to contribute $320,000 of HOME funds to the project. Based upon our review of the N agreement, CCHDC was not designated as the managing general partner and did not have effective project control at the time HOME funds were expended. The Joint Venture Agreement states, among other things, the following: The Venturer (as defmed above) "shall supervise and direct the work related to the Project. Venturer shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the work under the contract documents." The N agreement also states that "a failure of the parties to agree on any issue necessmy for successfully carrying out the N will result in submission of the question to mediation." 7 . I'BI ~4t-toE ~refO'l Attachment (cont.) Questioned Costs: None Context/Effect: The N agreement was mnended on September 30, 2006. Under this amendment, CCHDC was given control over any disagreement relating to (1) "any change in the affordable housing units" or (2) "a change in the character or concept of the project from what is contemplated by this agreement to the extent such change would have a material adverse impact on the affordable housing units." Other disagreements on "major transactions" would go to mediation. There were no changes in the atnendment with respect to the Venturer's duties as described above or elsewhere in the original N agreement. Recommendations: We recommend the County review any future N agreements that are associated with CHDO set-aside funds and ensure that the requirements described above are met prior to the expenditure of HOME funds. Management Response: Collier County will continue to review all joint venture (N) agreements as an integral part of its evaluation of HOME CHDO projects and their compliance with HUD regulations. Finding 2006-5 Federal Agency: U.S. Department of Housing and Urban Development Program: Home fuvestment Partnerships Program (HOME) CFDA number: 14.239 Criteria: Requirements under the Uniform Relocation Act (URA) for a voluntary real property acquisition include the following (1) infonn the propelty owner in writing that the power of eminent domain will not be used to acquire the property if negotiations fail to result in an amicable agreement; (2) no specific site is designated for acquisition; and (3) provide the property owner a written estimate of the fair market value of the property before entering into a contract for sale. (49 CFR S24.1 01) Condition: One of the County's subrecipients (Big Cypress Housing Corporation) acquired a parcel of real property with HOME funds totaling $224,000. The property owner was not provided the information required in items (1) and (3) above by either the County or Big Cypress Housing Corporation. The property acquired by Big Cypress was originally under contract with a third party (Beneficial) that Big Cypress has identified as its "co-developer". Beneficial entered into this contract on 3/10/04 and assigned the contract to Big Cypress on 3/30/04. A letter addressing eminent domain was sent to the seller by Beneficial on 4/21/05. This letter indicated that Beneficial was interested in acquiring the property (although it was already under contract) and did not give the seller the option to withdraw from the contractual agreement. Questioned Costs: None Context/Effect: HOME funds were used to acquire one other property in FY 2006. We observed this acquisition and noted no exceptions to the above criteria. 8 I'BI ~.:tI-toE. 31(3 fol'J Attachment (cont.) Recommendation: We recommend the County develop and utilize a checklist describing all documentation requirements for real propelty acquisitions. Management level personnel should review and fonnally approve all significant steps (as described on the checklist) in the property acquisition process. We also recommend sending any future ORA letters via "certified" mail to document compliance with the above-noted requirements. Management Response: With regards to this land acquisition activity, the seller was delinquently notified of all URA requirements by the co-developer of the project, Beneficial Communities. Collier County has implemented a project checklist requiring management approval certifying URA requirements have been met by sub-recipients prior to disbursement of funds. Finding 2006-6 Federal Agency: U.S. Department of Housing and Urban Development Program: Home Investment Partnerships Program (HOME) CFDA number: 14.239 Criteria: HOME regulation S92.209(a) states that "administration of tenant-based rental assistance (TBRA) is eligible only under general management oversight and coordination at S92.207(a)." Administrative costs under 24 CFR S92.207(a) are basically limited to 10% of HOME entitlement funds plus 10% of HOME program income. Condition: TBRA administrative costs totaling $20,000 were paid to Collier County Housing Authority, however they were not funded under S92.207(a) as required. These administrative costs were essentially drawn from "project" funds instead of "administrative" funds. Questioned Costs: The County has now revised its IDIS draws and funded the TBRA administrative costs using non-grant funds. As such, there are no questioned costs. Context/Effect: There were no other payments of TBRA administrative costs in FY 2006. Recommendation: As noted above, the County has already COlTected this error. This was the first year the County utilized HOME funds for a TBRA program. In the future, we recommend careful review of all HOME regulations and guidance when starting progratns/projects that are new to the County. Management Response: Collier County has COlTected this situation. 9 mJ I-mn '*IOE 3(~ ftIJ Attachment (cont.) Finding 2006-7 Federal Agency: U.S. Depatiment of Housing and Urban Development Program: Home fuvestment Partnerships Program (HOME) CFDA number: 14.239 Criteria: Each paIiicipating jurisdiction (PJ) must provide eligible matching contributions of 25 percent of HOME funds drawn from the U.S. Treasury during the fiscal year (excluding certain draws relating to administration and CHDOs). Match funds must be contributed pennanently to the HOME program and as such, all repayment, interest or other return on investment must be deposited in the PJ's HOME account to be used for HOME projects. Matching infonnation is provided annually to HUD on the HOME Match Report, fonn HUD-401 07-A. (24 CPR 92.218-222 and S92.220(a)(1)). Conditions: The County utilizes the State Housing Initiatives Partnership (SHIP) program to fulfill "match" requirements. We noted the following with respect to HOME match and the HOME Match Report: · The County was not aware that SHIP loans used as "match" must be pemlanently contributed to the HOME program and as such, did not have a control meChaIlism in place to detennine proper treatment of "match" 10atl repayments. · The "match contribution" per the HOME Match Report was not SUPPolied by a detail of specific match loans. · The "match" liability per the HOME Match Report appears to be incorrect. It should be calculated using guidance in the HOME regulations and not taken from HUD's IDIS report. Questioned Costs: None. The County subsequently determined that no SHIP loans used as "match" have been repaid. Context/Effect: The SHIP program provides a significant source of "match" for the County and as such, the County should not have any difficulty meeting the 25% HOME match requirement. Recommendations: We recommend the County detennine whether any loans used as "match" have been repaid. If this situation has occillTed, the County needs to develop a plan to reimburse the HOME program (from the SHIP program) for any such amounts. We recommend the County develop detail policies and procedures with respect to HOME match and provide training for all personnel involved in the HOME match process. As pali of this process, the County needs to develop procedures to separately identify SHIP "match" loans and ensure repayment of these loans is deposited into the HOME fuvestment Trust Fund local account. The County should revise and re- file its 2006 match report with HUD, based upon the new procedures. Management Response: No HOME activities using SHIP match have been re-paid to Collier County. The situation described in the recommendation has not occurred. Collier County will develop a detailed policy and procedure to handle the re-payment of matched funds should the situation ever arise. 10 I'BI :::G-em .ti loE 3{r3(rfl Attachment (cont.) Finding 2006-8 Federal Agency: U.S. DepaIiment of Housing atId Urban Development Program: Community Development Block Grant (CDBG) CFDA number: 14.218 Criteria: Grant expenditures must be reasonable and suppOlied by adequate documentation. (OMB Circular A-l33) Condition: The COlUIty entered into two agreements with subrecipients to provide medical refelTals or medical services. We noted the following with respect to these contracts: Agreement with Collier County Human Services Collier County entered into an $85,000 agreement with another County depatiment (Human Services) to provide intake services. The purpose was to provide income-eligible residents of Collier County with access to medical services with a local physician network. A minimum of 116 intakes were to be completed. The contract stated that "reimbursement will be limited to and average $687.50, not to exceed $1,000 per patient." The contract also included $5,000 to be used for prescription drugs. Human Services was paid a flat fee of either $687.50 or $1,000 for each patient seen by the local physician network. These fees were paid without any supPOliing documentation as to the actual cost of Collier County's own Human Service Depmiment to complete these intake services. Agreement with David Lawrence Center (DLC) The County entered into a $100,000 contract with DLC to provide urgent medical care and patient assistance services. The contract stated that payrolls would be required as suppOliing documentation to obtain reimbursement for staff services. The rates actually used for reimbmsement were based upon a contract between DLC and the Department of Children & Families (DCF). The rate used to reimburse doctors was $340 per hour, which is much higher than the payroll data submitted by DLC (generally showing rates < $100 per hom). As such, the rates used for reimbursement did not adhere to the documentation requirements as described in the contractual agreement. Questioned Costs: Collier County Human Services: $80,000 David Lawrence Center: None - Although the reimbursement rates did not follow the contractual agreement, they were supported by other documentation. Context/Effect: There were no other CDBG contracts relating to medical intakes or medical services. Recommendations: We recommend Collier County Human Services provide payroll and/or other documentation to suppOli the cost of providing intake services. Any costs that cannot be supported by underlying documentation should be returned to the CDBG program. 11 I'BI ~ tt.\oE '3!13/ifl Attachment (cont.) We recOlmnend the County adhere to the payment and documentation standards established in its contractual agreements. If changes are considered necessaty, the County and its subrecipient should amend the appropriate sections of the agreement. The County should carefully consider all documentation and monitoring requirements prior to entering into subrecipient agreements for medical-related services and other "Public Services" (as defined by the CDBG program). Such contracts often require significant oversight from both a programmatic and financial management (documentation review) perspective. Management Response: All reimbursements made for these projects were made in accordance with the executed contracts. Management continues to ensure that programmatic and fiscal controls are in place for all public service projects and other CDBG eligible activities. This Depmiment will request that another County Department review payroll records from Human Services relative to this contract and make any necessary funding conections. Finding 2006-9 Federal Agency: U.S. Department of Housing aI1d Urban Development Program: Home fuvestment Partnerships Program (HOME) CFDA number: 14.239 Criteria: Progran1 income must be fully expended before entitlement funds are drawn from the U.S. TreasUlY. Condition: The County received HOI\1E program income for the first time in FY 2006. The first two program income payments received of $15,000 and $13,386 were not utilized prior to drawing entitlement funds. Questioned Costs: None Context/Effect: The County only received one other program income payment in FY 2006, which was used prior to drawing entitlement funds as required. Recommendation: The County utilized this program income prior to year-end and developed a process to incorporate program income into its cash draw process. We recommend the County update its written policies and procedures for cash draws to reflect the requirements associated with program income. Management Response: Collier County concurs with this fInding. Staff has developed policies and procedures to address this situation as described by the auditor in the context/effect section above. 12 I'BI ~~IOE "31r~ foil Attachment (cont.) Finding 2006-10 Federal Agency: U.S. Department of Housing and Urban Development Program: Home fuvestment Partnerships Program (HOME) CFDA number: 14.239 Criteria: Grant expenditures must be reasonable atld supported by adequate documentation. (OMB Circular A-133) HOME-assisted rentals units must meet affordability requirements for not less thaIl the applicable period (as shown below), beginning after project completion. They must be imposed by deed restrictions, covenants running with the land, or other mechanisms approved by HUD. Affordability requirements per (24 CFR 92.252( e)) are as follows: Rehabilitation or acquisition of existing housing (per unit amount of HOME funds): Under $15,000 $15,000 to $40,000 Over $40,000 or rehabilitation involving refinancing New constmction or acquisition of newly constructed housing 5 years 10 years 15 years 20 years Condition: The County entered into an agreement with Big Cypress Housing Corporation for development of affordable rental housing using $224,000 of HOME funds. The "Scope of Work" per the contract (Article III) states that funds were for the development and construction of 4 single-family rental units to be used for homeless families. HOME funds were not expended in accordance with the "scope of work" and were not used solely for the 4 single-family rental units described above. fustead, the $224,000 was used to acquire all of the land for Phase I of a development known as Eden Gat'dens. This land will be used for the 4 single-family homes described above, as well as a 51-unit apartment complex for income-eligible households. The "period of affordability" requirements were attached only to the 4 single-family rental units, and not to the other 51 units, which were also assisted with HOME funds. Questioned costs: The cost of the land (currently unknown) associated with the 51-unit apartment complex. Context/Effect: There were no other HOME contracts in FY 2006 associated with development and construction of rental housing. There was one HOME contract in FY 2006 for development of a mixed-income condominium complex. This contractual agreement with CCHDC states that expenditures must be made in accordance with the project budget. The budget in CCHDC's grant application shows HOME funds will be expended on architect/engineering, site improvements and infrastructure. Actual costs were used to acquire laIld. Although land acquisition is an allowable use of HOME funds, specifications per the contract were not followed. 13 ~ ~ ;tL\OE. 3{B/0'l Attachment (cont.) Recommendations: Using reasonable allocation methods, we recommend the County detennine and document the amount/cost of land associated with the 4 single-family units and the amount associated with the 51 apartment units. The County should then either: (1) require Big Cypress to retum the portion of HOME funds associated with the 51-unit apartment complex; or (2) amend its contractual agreement with Big Cypress to include the 51 units of rental housing and impose the applicable "period of affordability" requirements for the HOME program. We also recommend the County clearly describe the intended use of HOME funds in its contractual agreements. The County should not approve and fund HOME expenditures that are not detailed in the contract "scope of work". Management Response: Collier County has amended this contractual agreement effective March 2, 2007 to include the 51 units of rental housing aIld the applicable period of affordability. Finding 2006-11 Federal Agency: U.S. Department of Housing and Urban Development PrograIns: Community Development Block Grant (CDBG) and Home Investment Patinerships Program (HOME) CFDAnumbers: 14.218,14.239 Criteria: Compensation for personnel services rendered in conjunction with Federal awards must be documented and supported as described in OMB Circular A-87. Where employees work on multiple activities, a distribution of their salaries should be supported by personnel activity reports that meet the following standards: (a) Reflect an after-the-fact distribution of the actual activity of each employee, (b) Account for the total activity for which each employee is compensated, (c) Be prepared at least monthly and must coincide with one or more pay periods, and (d) Be signed by the employee. (e) Budget estimates determined before the services are performed do not qualifY as support for charges but may be used for interim accounting purposes (as described in Circular A-87). Conditions: Documentation of payroll allocations was not sufficient for the first four months of FY 2006. Allocations were based upon a 2-week time study conducted in July 2005. We observed the time study atld noted that the results minored the allocation percentages used prior to it being perfonned. Additionally, no employee time was charged to "general fund" activities (although this occuned) and some individuals charged all time to the CDBG program even though they work on other grants. The level of documentation and detail amongst employees participating in the time study varied greatly. 14 I'BI ~ :t IDE ~fr3/o" Attachment (cont.) We observed salary charges to the CDBG progratn for one part-time employee that were not supported by semi-mlliual celiifications or time sheets indicating that she worked solely on CDBG activities. Questioned Costs: Unknown Context/Effect: The County did not meet the requirements of OMB Circular A-87, with respect to allocations of salaries and related costs, for the ftrst four months of FY 2006. The County implemented a timesheet documentation process later in the year and began using this process to document and allocate payroll effective February of 2006. The County has now obtained celiifications from the part-time employee that she worked solely on CDBG activities. Recommendation: We recommend the County continue utilizing the timesheet documentation process it developed in FY 2006. Management Response: Collier County will continue utilizing the timesheet documentation process developed in FY 2006. Finding 2006-12 Federal Agency: U.S. Departn1ent of Housing and Urban Development Programs: Home Investment Partnerships Progrmn (HOME) CFDA numbers: 14.239 Criteria: HOME regulation g92.504(3) describes the provisions that must be in written agreements with a "for-profit or nonprofit housing owner, sponsor or developer". This regulation states, among other things, the following: Section (ii) Affordability: If the owner or developer is undertaking homeownership projects for sale to homebuyers in accordance with g92.254(a), the agreement must set forth the resale or recapture requirements which must be imposed on the housing. Section (vii) Enforcement of the agreement: The agreement must provide for a means of enforcement of the affordable housing requirements by the participating jurisdiction or the intended beneficiaries. This means of enforcement may include liens on real property, deed restrictions or covenants running with the land. The affordability requirements in g92.252 must be enforced by deed restriction." Section (ix) Duration of the agreement: The agreement must specify the duration of the agreement. If the housing assisted under this agreement is rental housing, the agreement must be in effect through the affordability period required by the participating jurisdiction under g92.252. If the housing assisted under this agreement is homeownership housing, the agreement must be in effect at least until completion of the project and ownership by the low-income family. 15 I'BI ~*IDE 3{r~)c1l Attachment (cont.) Conditions: We noted the following with respect to contractual agreements with nonprofit housing developers: Big Cypress Housing Corporation Section (vii): The County entered into an agreement on 7/26/05 to provide $224,000 of HOME funds for development of 4 single-family rental units for the homeless at Eden Gardens. The HOME funds were fully expended on November 18, 2005, however there was no "enforcement of the agreement" as described above. Per the County, the deed restrictions have now been drafted and forwarded to Big Cypress for execution. Section (ix): The "duration of the agreement" is not specified, however HOME Agreement, Part II states that the project will be monitored for 15 years. Because this is new construction, the duration of the agreement (and monitoring) should be for 20 years. The County indicated that an amendment is in process to extend monitoring to 20 years. Collier County Housing Development Corporation (CCHDC) Section (ii): The HOME agreement (Part V, Sections D and E) states that CCHDC must comply with the affordability requirements under 92.254. The agreement does not, however, specifically address the resale or recapture provisions of 92.254(a). Section (vii): The County entered into an agreement on 12/14/05 to provide $350,000 of HOME funds for a mixed income condominium development. HOME funds totaling $320,000 were expended on 12/19/05, however there was no "enforcement of the agreement" as described above. A promissOlY note and mortgage (including affordability requirements) were executed on November 2,2006. General We noted other provisions (as described in 992.504(3)) that were not specifically addressed in the contractual agreements but per the County, were covered under an all encompassing statement that requires compliance with 24 CFR. Questioned Costs: Unknown Context/Effect: There were no other contracts in FY 2006 associated with for-profit or nonprofit housing owners, sponsors or developers. Recommendation: We recommend the County carefully review the language of all HOME contracts to ensure compliance with 24 CFR 92.504. Written agreements should specifically address each provision as described in this HOME regulation. 16 I'BI ~ *IOE. '5/r3/0'1 Attachment (cont.) Management Response: Collier County will review all contractual agreements to ensure they comply with all requirements of 24 CFR including 92.504. Regarding the Big Cypress deed restrictions referenced above, the developer requested an additional ChaIlge to reflect a revised legal description. This revision is in process and will be completed in March 2007. Findings Associated With State Awards Finding 2006-13 State Agency: Department of Community Affairs Progranl: State Housing Initiatives Partnership (SHIP) Program CSFA number: 52.901 Criteria: The County must submit an "Annual Report" or "Form SHIP-AR/99-1" to the Florida Housing Finance Corporation by September 15 of each year. This is a report of its affordable housing programs and accomplishments through June 30th of the year immediately preceding submittal of the report. The report requires financial and patiicipant data to be compiled and presented in various manners. Conditions: We noted the following: · Revenue per the SHIP Annual Report was supported by detail schedules, but was not reconciled to the general ledger. There were substantial differences between the SHIP Annual Report and the general ledger. · The County has a process in place to reconcile expenditures per the SHIP Annual Report to expenditures in the general ledger. We noted, however, several differences that had not identified by the Housing Depmiment. Questioned Costs: None Context/Effect: The County did not have effective reconciliation controls in place with respect to reporiing. The County has now, however, reconciled the SHIP Annual Report to the general ledger. Recommendations: Reconciliations of both revenue and expense (between the SHIP Annual Report and the general ledger) should be formally documented, reviewed and approved. Policies and procedures should be written to describe the entire reporting process, including reconciliation controls, the manner in which data is compiled and the documentation to be maintained. Mcmagement Response: As indicated in the finding the reconciliation of the SHIP report and General Ledger has been completed and are correct. The SHIP annual report submitted to the State was conect. A policy and procedure has been implemented requiring reconciliations to be completed for the SHIP program on a monthly basis. 17 I'BI ~ ;:lOE. 3/(3./0'1 Attachment (cont.) Finding 2006-14 State Agency: Department of Community Affairs Program: State Housing Initiatives Partnership (SHIP) Program CSF A number: 52.901 Criteria: SHIP funds must be encumbered (as defined) within 12 months from the end of the applicable State fiscal year. SHIP funds must be expended within twenty-four months from the end of the applicable State fiscal year. If funds are not encumbered or expended within these periods, they may be reduced or recaptured by the State. Condition: Per the SHIP annual report filed in September of 2006, funds totaling $1,771,569 from the 2004/05 program year were not encumbered, as required by the State of Florida. Questioned Costs: None Context/Effect: The County did not comply with SHIP requirements to encumber funds within 12 months. Recommendations: The County budgeted for increased SHIP activity in FY 2007 and believes that they will meet the encumbrance and expenditure requirements as of June 30, 2007. The County periodically reviews the expenditure and encumbrance levels of the SHIP program. We recommend written policies that address this process and formal documentation of this control on a quarterly (or more frequent) basis. Management Response: Collier County agrees with this finding, however all 2004/05 SHIP nmds were not only encumbered but also expended by December 31, 2006, six months prior to their statutory expenditure deadline. Collier County has amended its LHAP to allow greater flexibility to encumber and expend all SHIP funds consistent with statutory requirements. The State of Florida was notified of the situation prior to July 2006 and agreed to the County's plan to encumber and expend the SHIP funds in the fall of2006. Finding 2005-15 State Agency: Depmiment of Community Affairs Program: State Housing Initiatives Partnership (SHIP) Program CSFA number: 52.901 Award numbers: N/A Award years: 2003/04; 2004/05; 2005/06 Criteria: Costs that benefit more than one funding stream must be allocated to the various grants benefited in a reasonable and consistent manner. The methods used to allocate such costs should be documented and supportable. 18 I'BI ~ #:(DE '"b/r'3(o'1 , 1 Attachment (cont.) Conditions: Documentation of payroll allocations was not sufficient for the fIrst four months of FY 2006. Allocations were based upon a 2-week time study conducted in July 2005. We observed the time study and noted that the results mirrored the allocation percentages used prior to it being performed. Additionally, no employee time was charged to "general fund" activities (although this occurred). The level of documentation and detail atnongst employees participating in the time study varied greatly. Questioned Costs: Unknown Context/Effect: The County did not adequately document allocations of salaries and related costs for the first four months of FY 2006. The County implemented a timesheet documentation process later in the year and began using this process to document and allocate payroll effective February of 2006. Recommendation: We recommend the County continue utilizing the timesheet documentation process it developed in FY 2006. Management Response: Collier County will continue utilizing the timesheet documentation process developed in FY 2006. 19 Agenda Item No. 10F March 13, 2007 Page 1 of 3 EXECUTIVE SUMMARY Presentation to the Board of County Commissioners (BCC) by Mr. Greg Bello, a member of the Goodland Preservation Coalition (GPC), pertaining to the Coalition's recommended amendments to the Goodland Zoning Overlay (GZO) along with other associated community data. OBJECTIVE: To have the BCC consider and provide direction concerning the recommended amendments to the GZO and to consider other associated community data presented by Mr. Greg Bello of the Goodland Preservation Coalition (GPC). CONSIDERATIONS: -- During the February 27, 2007 BCC meeting under Agenda item 6D, Public Petitions, Mr. Greg Bello discussed the concerns and issues pertaining to residential redevelopment in Goodland. At that time, he indicated that a survey of the property owners in Goodland would be conducted to see if they wanted to amend the GZO as part of the Land Development Code (LDC) amendment process. The purpose of the amendment is to add development standards to the GZO, which would prevent the construction of residential dwellings (mega-homes) that are out of scale with the rest of the community. The amendment would further protect the tropical fishing village character of Goodland. The results of the survey and specific design standards would be presented verbally to the BCC during their March 13th meeting. Mr. Bello also indicated that the GPC will hold two or three community meetings to review the proposed LDC amendment language prior to a final draft being presented to the BCC. The purpose of presenting this proposed draft amendment to the BCC is to obtain additional comment and direction prior to the GPC submitting the application and paying the applicable fees, which are $3,000 for an LDC Amendment or for the BCC to direct staff to make the proposed amendment. FISCAL IMPACT: As long as the request for direction is in compliance with the requirements of the Land Development Code and the Growth Management Plan, there are no direct fiscal impacts to Collier County. However, if the BCC directs staff to prepare and process the proposed LDC amendment, then the required $3,000 application fee would come from Unincorporated General Fund (111) reserves. - Agenda Item NO.1 OF March 13, 2007 Page 2 of 3 GROWTH MANAGEMENT IMPACT: There would appear to be no growth management impact associated with this Executive Summary because the request is for procedural direction by the BCC for a proposed amendment to the Land Development Code. RECOMMENDATION: That the BCC consider and provide direction to the Goodland Preservation Coalition concerning their proposed amendment. PREPARED BY: Raymond V. Bellows, Zoning Manager Department of Zoning & Land Development Review Executive Summary for the 3/13/07 BCC Meeting 2 Mar 08 07 09:36a vantastic tours 239-389-9173 ~ :B&m No, lOF ~rcl-. t~) 2tb'1 p.1 p.zA The Goocl/and Zoning Overlay Committee PO Box 742 Goodland, FL. 34140 Committee Members: Emilee Lalce - Chair Person - fi'ol11 Goodland Preservation Coalition Greg Bellow - fJ-om Goodland Civic Association Michael Higuera - trom Drop Anchor Cleve Smith - 1'1'0111 Call1sa Island Village Matt Finn - Member-At-Large We. the members of the Goodland Zoning Overlay Committee, having been organized by the Boards of Directors of the Goodland Civic Association and the Goodl,lIld Preservation Coalition, present the following amendments to the Collier Co. Land Development Code for your consideration and approval this] 3th day of March, 2007. MOTION#I - To amend Table ]4 in section 4.02.22 oftbe Collier Co. Land Development Code by adding the following design standards: Maximum square footage under air: 3,500 square feet maximum. Side Yard setback for combined lots: 15% of road frontage, per side. MOTIO:.Jf.i2 - Tu amt:lld $cction 2.03.07 J by adc1~item 6 as follows: milee Lake, Chair Person ~~ Matt F1I1n. rv'lelllber ~~~ 'l)eve Smith, f'v1ember J7 /!fueL ,,1M 7 ;7l/r &, dws - ~;lJ. ljiJlfl" rf/t/.LSt. (t- i!fW mmht s w-,,- /;"'1"".1.><. ;. -\\] s: hml/' O?<- -;?fucA- 13,;2 0,; '1. -/0 ~ If e <! /$ fa"'t -t&.p ~ ~ .ft;. 1./ at s ~1 _ 'f nt 7J7!Z;/ & w. A- 7G ,.Pr ~ /!~r.e. y tl'z,tr 4!J~~#~t'ds. ,;6 ~ f4te / .8ee # U r /gt:c/ fr!P.~d I t.... ~ tf' J.?I rl/1l.. t'J' ~ k I iub at k \~ .:iM'pjJ3yj- -;;~ ik ;?[Jt.zx o0tirv"1s ~f)11 k f;tUt,lkk/ ~ll /Jl~~/:I..)Ot17 6 Any property O\vner ,"vhose primary residence Or business is destrored by Iifl.:, storm, wind, or noad will be entitled under this section to reconstruct said primary residence or business, at his own cost and expense, in accordance with site plans of record but subject to current l100d elevations. The property O\vner's volunt<lIY destruction of his primary residence 01' business is not covered by this sewon.~ Item Number: Item Summary: Meeting Date: Agenda Item No. 10F March 13, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F Presentation to the Board of County Commissioners IBCC) by Mr Greg Bello. a member of the Goodland Preservation Coalilion (GPC). perlalnl[lg to the Coalitions recommended amendments to the Goodland Zoning Overlay (GZOj along with olller associated commun,ty data.(Joseph K. Schmitt, Administrator Community Development and Environmental Services Division) 3/1312007900:00 AM Date Prepared By Ray Bellows Community Development & Environmental Services Chief Planner Zoning & Land Development Review 3/5/20073:07:23 PM Approved By Operations Analyst Date Constance A. Johnson Community Development & Environmental Services Community Development & Environmental Services Admin, 3/6120077:45 AM Dnte Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 3/6/20078:02 AM Date Approved By Judy Puig Community Development & Environmental Services Operations Analyst CommunIty Development & Environmental Services Admin. 3/6/20078:53 AM Date Approved By Marjorie M. StudentHStirting Assistant County Attorney 3/6/200711:15 AM Approved By County Attorney County Attorney Office Joseph K. Schmitt Community Development & Environmental Ser.rices Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/6/2007 2: 12 PM M icl1ael Smykowski Date Approved By County Manager's Office Management & Budget Director Office of Management & Budget 3/6/2007 5:08 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 317/2007 9:43 AM Agenda Ilem No. '10G March 13, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the Southwest Florida Consortium 2007 Legislative Priorities which will be presented by participating Commissioners in the six-county Consortium to their respective Legislative Delegation in meetings in Tallahassee on March 22. OBJECTIVE: To approve the Southwest Florida Consortium 2007 Legislative Priorities which will be presented by participating Commissioners in the six-county Consortium- including Collier, Lee, Sarasota, Charlotte, Hendry and Glades counties - to their respective Legislative Delegation representatives in meetings in Tallahassee on March 22. - CONSIDERATION: To develop the Southwest Florida Consortium 2007 Legislative Priorities, county and city staff from the six member counties and cities met in November 2006 in Lee County to address issues of common concern to our constituencies in Southwest Florida in the 2007 Legislative Session. At that time, the Southwest Florida Consortium 2007 Legislative Priorities list was developed, which was then refmed and is now being brought to each member county's respective County Commission for endorsement. Upon approval, the slate of Southwest Florida Consortium 2007 Legislative Priorities will be presented by participating County Commissioners to our representatives in the Florida Legislature in meetings in Tallahassee on Thursday, March 22, which is the Consortium's 2007 Legislative Day. The Southwest Florida Legislative Consortium was formed several years ago with the intent of unifying our efforts and strengthening our representation in Tallahassee on issues of importance to our region. F or the past several years the Southwest Florida Consortium members have traveled to the State of Florida Capitol at the beginning of the Legislative Session to meet with state legislators to present the Consortium's State Legislative Priorities. This year the trip is scheduled for March 21-22 and Sarasota County is the host (draft agenda attached). The below list was developed as a result of a joint meeting of the Consortium's county and city managers/administrators held on November 16, 2006: Southwest Floridll Consortium's 2007 Lel!islative Priorities I. Property Tax Reform -Support F AC Position/Oppose unrestricted portability - Agenda Item No. 10d March 13, 2007 Page 2 of 5 The Officers of the Florida Association of Counties (FAC), Florida School Boards Association (FSBA), and the Florida League of Cities (FLC) acknowledge the need for comprehensive reform of Florida's property tax structure. As an overriding goal of reforming Florida's Property Tax Structure, the FAC, FSBA and FLC SUPPORT solutions that improve equity and fairness among classes of taxpayers as well as individual taxpayers. SUPPORT reasonable limits on the rate of property assessment increases and OPPOSE caps on local government expenditures/revenues and modifications to the Property Tax Structure that erode the existing tax base. (FAC message may be refined to accommodate new legislative proposals including replacing property tax on homesteaded properties with sales tax) II. Transportation Funding A. Gas Tax Indexing The state, over 12 years ago, authorized that the state motor fuel tax be annually indexed to the Consumer Price Index (CPI) to allow the purchasing power of the tax to be maintained as costs increased over time. However, they did not provide for the same indexing of the Local Option Gas Taxes imposed by the Counties. As such, the buying power of the Local tax has decreased as costs have increased. As Counties struggle to find new revenue sources and fend off unfunded State mandates it has become imperative that Counties have every revenue resource available. B. Support Mandatory Statewide Seatbelt law C. Provide More State Funds for State Highways and Arterial Roads III. Support Red Light running study - Cameras at intersections IV . Support Additional Funding for Red Tide/Red Drift Algae (HB 535-Lake Okeechobee and Estuary Protection Act) and SUPPORT State's proposed Fertilizer Rules V. Affordable Housing-Lift the Cap on the Sadowski Fund Legislation to Closely Monitor . Growth Management Glitch bill (SB 360) . Election of Water Management Governing Board Members (Collier/Lee) . Construction Manager at Risk (Cape Coral) Legislation change to limit the amount of payment and performance bonds required to that amount not covered by Surety bonds provided by the construction subcontractors. Eliminates the need for the City to purchase two levels of payment and performance bonds to cover the same work. . Support changes in the law that Provide Sales Tax exemptions for certain vendors producing services for municipalities (Cape Coral) Agenda Item No.1 OG March 13, 2007 Page 3 of 5 . Eminent Domain/Attorney's Fee's (Collier) Opposes a County being charged exorbitant attorney's fees in eminent domain cases that are not proportionate to the services provided. The Board approved on November 14, 2006 the following list of priorities on behalf of Collier County, most of which are also being addressed by the Consortiwn: Collier Countv's 2007 State Leflislfltive Priorities: . Growth Management Glitch Bill (SB 360) . Water Bill . Insurance . Affordable Housing . Attorney/Court Fees . Portability of Homestead Property Assessments (Collier County opposed) . Partial- Year Assessments . Transportation funding tied to seat belt use . 311 funding . Cameras at intersections to catch red-light runners . Oppose any attempt to change impact fees . Requesting Change in Florida Statutes to Elect Rather than Appoint Florida Water Management District Governing Board Members . Amend House Bill 7079 to give all counties the latitude to exempt only portions of their county with unpaved roads from all-terrain vehicle (ATV) use . Address issues of concern in Consultants Competitive Negotiation Act FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are no legal considerations associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners approves the Southwest Florida Consortium 2007 Legislative Priorities which will be presented by participating Commissioners in the six-county Consortium to their respective Legislative Delegations in meetings in Tallahassee on March 22. Prepared by Debbie Wight, Assistant to the County Manager Item Number: Item Summary: Meeting Date: Agenda Item No. 10G March 13, 2007 Page 4 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10G Recommendation to approve the Southwest Florida Consortium 2007 Legislative Priorities w~lich will be presented by participating Commissioners in the sixMcounty Consortium to their respeclive Legislative Delegation in meetings in Tallahassee on March 22, 2007. (Debbie Wight, Assistant to the County Manager) 3/13120079:00:00 AM County Manager Date Approved By James. V. Mudd Board of County Commissioners County Manager's Office 3/7/20072:26 PM Agenda Item NO.1 OG March 13, 2007 Page 5 of 5 Southwest Florida Consortium Legislative Day Thursday, March 22 Draft Agenda-March 22st 7:30 AM Consortium Breakfast (SWF Legislative Members invited) 22nd Floor The Capitol 9:00 AM - 12:00 PM Meetings with Legislative Members in the Capitol** 12:00 PM --1:15 PM Lunch Andrews 228 Restaurant 1:15 PM--5:00 PM Meetings with Legislative Members in the Capitol** **Meetings will be arranged with as many of the SWF Legislative members as possible. Participants will be divided into groups to attend the meetings, which frequently will be held simultaneously. A final agenda with exact times will not be available until the legislative week calendars are released. In addition, requests to the Senate President and House Speaker have also been issuedfor them to address the SWF Consortium Legislative Day participants, as well as a few other state leaders. These events will be scheduled so all participants can attend. Prior Evening - Wednesday, March 21st 7:30 PM Dinner at the Governor's Club for those who indicate interest in attending. Each County will be billed for its attendees. Sarasota County will work with the other Counties and Cities for a head count of County and City Elected Commissioners that will be attending SWF Consortium Day. Once the names are obtained we will ask them to RSVP for each of the meals. We look forward to seeing you at Southwest Florida Consortium Legislative Day! Agenda Item No. 12A March 13, 2007 Page 1 of 17 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners instruct staff to present a proposed Ordinance for the Board's consideration at a future date consolidating Ordinance No. 2005-55 (Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance), Ordinance No. 1997-35 (Collier County Code Enforcement Citation Ordinance), and Ordinance 2004-46 (Collier County Code Enforcement Special Master Ordinance), in order to simplify the Code Enforcement process, and establishing affirmative defenses to certain alleged code violations. .- OBJECTIVE: That the Board of County Commissioners instruct staff to present a proposed Ordinance for the Board's consideration at a future date which consolidates the Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance, the Collier County Code Enforcement Citation Ordinance, and the Collier County Code Enforcement Special Master Ordinance, in order to simplify the Code Enforcement process, and which establishes affirmative defenses to certain alleged code violations. The proposed draft Consolidated Code Enforcement Ordinance is attached. No substantive changes to existing ordinances are intended by this consolidation, with the following exceptions: (l) authorizing the Special Magistrate(s) to adopt such rules and regulations as deemed necessary to carry out their duties (subject to Board approval), which authorization is identical to that currently enjoyed by the Code Enforcement Board; and (2) providing for county court de novo review of animal control appeals, consistent with state animal control statutes and recent case law. CONSIDERATIONS: By the authority vested by Chapter 125, Florida Statutes, and pursuant to Chapter 162, Pali II, Florida Statutes, the Board of County Commissioners enacted Ordinance No. 97-35, as amended "The Collier County Code Enforcement Citation Ordinance," which established a supplemental County code or ordinance enforcement procedure. Also, pursuant to Chapter 162, Florida Statutes, the Board enacted Ordinance No. 2005-55, as amended, "The Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance" and Ordinance No. 2004-46, as amended, "The Collier County Code Enforcement Special Master Ordinance." At the October 24-25, 2006 Meeting of the Board of County Commissioners, staff presented a proposed amendment to "The Collier County Code Enforcement Citation Ordinance" intended to provide property owners with defenses to certain alleged code violations without interfering with the Citation Ordinance's purpose which is to promote, protect and improve the health, safety and welfare of the citizens of Collier County. The proposed amendment was written in keeping with the spirit of Sarasota County v. National City Bank of Cleveland, Ohio, 902 So. 2d 233 (Fla. 2nd DCA 2005), in which the Court reasoned as follows: ,.-.. "We do not expect a county to bring an enforcement proceeding against a property owner concerning a defective staircase that the owner had properly repaired years ago. Instead, the county might be expected to bring an enforcement action for a defective staircase that currently was defective and had been defective for many years. From a health and safety standpoint, local Agenda Item No. 12A March 13, 2007 Page 2 of 17 governments normally bring enforcement proceedings to cause landowners to correct existing conditions before they result in harm." During the staff presentation, the Board commented on the proposed affirmative defenses and also discussed the possibility of consolidating certain Code Enforcement ordinances as a means of simplifying the Code Enforcement process without jeopardizing its purpose or the safety and welfare of Collier County citizens. The Board then directed staff to create a draft Consolidated Code Enforcement Ordinance which would merge the above- referenced Code Enforcement ordinances and incorporate the Board's suggestions relating to affirmative defenses to alleged code violations. FISCAL IMP ACT: None. GROWTH MANAGEMENT IMP ACT: None. LEGAL CONSIDERATIONS: The proposed Ordinance was drafted by the Office of the County Attorney and approved for legal sufficiency. STAFF RECOMMENDATION: That the Board of County Commissioners instruct staff to present a proposed Ordinance for the Board's consideration at a future date which consolidates the Collier County Code Enforcement Board and Public Nuisance Abatement Ordinance, the Collier County Code Enforcement Citation Ordinance, and the Collier County Code Enforcement Special Master Ordinance, in order to simplify the Code Enforcement process, and which establishes affIrmative defenses to certain alleged code violations. PREPARED BY: Jeffrey A. Klatzkow, Managing Assistant County Attorney Jeff E. Wright, Assistant County Attorney Agenda Item No. 12A March 13, 2007 Page 3 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 12A Meeting Date: Recommendation that the Board of County Commissioners Instruct staff to present a proposed Ordinance for the Boards consideration at a future date consolidating Ordinance No. 2005-55 (Collier County Code Enforcement Board and Public NUisance Abatement Ordinance), Ordinance No. 1997 ~35 (Collier County Code Enforcement Citation Ordinance), and Ordinance 2004-46 (Collier County Code Enforcement Special Master Ordinance), in order to simplify the Code Enforcement process and establishing affim1ative defenses to certain alleged code violations 3/13/200790000 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 311120074:34 PM Approved By David C. Wei gel County Atlomey Date County Attorney County Attorney Office 3/2/2007 8: 57 AM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 3/2120074:16 PM Agenda Item No. 12A March 13, 2007 Page 4 of 17 COLLIER COUNTY CONSOLIDA TED CODE ENFORCEMENT ORI>INANCE ORDINANCE NO. 2007-___ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR TIlE CON~OLIDA nON OF THREE EXISTING CODE ENFORCEMI<:NT ORDINANCES, AS SPECIFIED HEREIN, INTO THIS SINGLE ORDINANCE; ESTABLISHING AN AFFIRMATIVE DEFENSE TO CERTAIN ALLEGED CODE VIOLA nONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORI>INANCES; PROVIDING FOR REPEAL OF THREE SPECIFIED ORDINANCES; ANI> PROVIDING AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitution of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Section 125,01(1), Florida Statutes, provides that the legislative and governing body of a County shall have the power to carryon County government and that said power includes, but is not restricted to, a number of powers set forth in Section 125,01, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, Section 125.01(1)(t), Florida Statlltes, provides that a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Sections 125.01(3)(a) and (b), Florida Statllles, recognIze that the enumeration of powers in Section 125.01 (l), Florida Statutes, incorporates all implied powers necessary or incident to carry out those powers and that Section 125,01, Florida Statutes, shall be liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home mle powers authorized by the State Constitution; and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Government Code Enforcement Boards Act," the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 1992-80, superseded by Ordinance No, 2005-55, known as "The Collier County Code Enforcement Board and Public Nuisance Abatcment Ordinance;" and \\'HEREAS, by the authority vested by Chapter] 25, Florida Sratutes, and pursuant to Chapter 162, Part II, Florida Statutes, the Board enacted Collier County Ordinance No. 1997-35, as anlended, known as the "Collier County Code Enforcement Citation Ordinance," which. established a supplemental enforcement procedure with respect to cCltain codes and ordinances; and WHEREAS, pursuant to Chapter 162, Florida Statutes, "The Local Govenullent Code Enforcement Boards Act," the Board of County Commissioners of Collier County duly enacted Collier County Ordinance No. 2004-46, known as the "Collier COlUlty Code Enforcement Special Master Ordinance," which created a code enforcement special magistrate process as an additional means for the enforcement of county codes and ordinances; and \\'HEREAS, pursuant to Chapter 162, Florida Stalutes, "The Local Government Code Enforcement Boards Act," the Board of County Commissioners has the authority to adopt, by a vote of at least a majority plus one, an ordinance that gives code enforcement boards or special rage j of 14 Agenda Item No. 12A March 13, 2007 Page 5 of 17 magistrates, or both, authority to impose lines in excess of the fines provided In Section 162.09(2)( a); and WHEREAS, the Board of County Commissioners of Collicr County wishes to consolidate these three ordinances into one ordinance, thereby simplifying the Code Enforcement process; and WHEREAS, the Board of County Commissioncrs, rccobrnizing that the primary mission of code enforcement is to promote voluntary compliance with the Collier County Code of Laws and Ordinances and the Collier County Land Development Code, desires to establish affi111lative defenses to certain alleged code violations, which defenses shall not interfere with the primary intent and purpose of this Ordinance, which is to promote, protect and improve the health, safety and welfare of the citizens of Collier County. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Repeal of Ordinances. On the effective date of this Ordinance, the following Collicr County Ordinances are repealed and superseded in their entirety: Ordinance No, 2005-55, known as the Collier County Code Enforcement Board and Public Nuisance Abatement Board Ordinance; Ordinance No. 2004- 46, known as the Collier County Code Enforcement Special Master Ordinance; and Ordinance No, 1997-35, as amended, known as the Collier County Code Enforcement Citation Ordinance, SECTION TWO: Collier County hereby adopts an Ordinance that reads as follows: ARTICLE I. General Section 1. Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Consolidated Code Enforcement Ordinance." Section 2. Applicability. The provisions of this Ordinance shall apply t.o, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier CotJl1t.y that agree, by resolution of the governing bodies of both the County and the municipality, to have this Ordinance apply and be enforced in the municipality. Section 3. I)urpose and Authority. It is the intent of this Ordinance to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by authorizing the creation of a Code Enforcement Board, which may act as the Collier County Nuisance Abatement Board from time to time, and a Special Magistrate, with authority to impose administrative fines and other noncriminal penalties; and to provide a Code Enforcement Citation process for enforcement of County codes and ordinances in County COUlt, all of which is intended to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in Collier County, where a pending or repeat violation exists. Section 4. General Definitions and Abbreviations. When used in this Ordinance, the following terms shall have the follo",(..ing meanings, unless the context clearly indicates otherwise. Codc Enforcement Officer means any authorized agent or employee of the County whose duty it is to assure code and ordinance compliance. Commission means the Board of County Commissioners; of Collier County, Florida. Page 2 of 14 Agenda Item No. 12A March 13, 2007 Page 6 of 17 E,!(orcemenl Board means the Collier County Code Enforcement Bom'd, which may act a~ the Collier County Nuisance Abatement Board from time to time, and which is authorized to hear and decide cases involving violations of any County codes and ordinances. Notice to appear refers to a written order issued by a Code Enforcement Officer requiring a person accllsed of violating the law to appear in a desif,'11ated eourt or government office at a specifJed date and time. If a person refi1se~ to sign the notice to appear, the Code Enforcement Officer has no authority to arre~t such person. Order means a decision of the Enforcement Board or the Special Magistrate, whether stated orally or reduced to writing, Person meallS all ITtdividual, association, fiml, partnership. corporation. or other legal entity, Prosecutor meallS anyone authorized to present cases before the Enforcement Board or Special Magistrate, and shall include Code Enforcement Officers, Pu.blic nuisallce means those nuisance~ as identifJed in either ~ 893,138 or ~ 823.05, Florida Statutes, or other ~tatllte or ordinance ckclaring public nuisances, Repeat violation shall mean a violation of a provision of a code or ordinance hy a person who has been previously found through the Enforcement Board. Special Magistrate, or any other qU3si- judicial or judicial process, to have violaled the same provision within five years prior to thc violation, notwithstanding the fomler and present violations occurring at differcnt locations, SecrctalY 10 the Enforcement Board, or SecrelaT)' to the Special Alagislrate, means the administrative staff personnel responsihle for the preparation. development and coordination of all administrative and case management services necessary for the proper functioning of the Enforcement Board or Special Magistrate, as the case may be. Special Magistrate is a person authorized by tbe Commission to hear and decide cases Involving violations of any County codes and ordinances. Viola/or means a person (the property owner. tenaIlt, or business cntity 011 the premises, or any combination thereof) alleged or found to have violated <.lny code or ordinance of Collier County, which an Enforcement Board or Special Magistrate has jurisdiction to enforce. Section 5. Rules of Procedure. Both an Enforcement Board and a Special Magistrate may adopt such rules and regulations ;:IS deemed necessary 10 carry out their duties. consistent with the provisions of this Article and Chapter 162, Florida Statutes, the Local GovemIncnt Code Enforcement Boards Act, subject to approval by the Commission. ARTICLE n. The Code Ellfon'ement Board and Nuisance Abatement Board Section 1. There shall be one or morc Enforcement Boards \vhich shall, from time to time, also function as the Collier Coullty Nuisance AI13temcnt Board, The Enfon;ement Board shall have jurisdiction to hear and decide cases in which violations are alleged of allY provision of Collier County codes or ordinances, Section 2. The Enforcement Bo.ud shall be comprised of seven members and two aliernate members appointed by the Comm.ission Members of the Enforcement Board shaH include, whenever possible. an architect, a busine~sperson. an engineer. a general contractor, a subcontractor, and a realtor. Section 3. Each member of the Enforcement Board shall be a permanent resident of Collier County and shall serve V':ithout compensation. Section 4. Mcmbers may be reimbursed for such travel. mileage, ,md per diem e~.pe!lSes as may be authorized, in advance, by the Commission. Page 3 of 14 Agenda Item No. 12A March 13, 2007 Page 7 of 17 Section 5. Terms of office shall be in accordance with Ordinance No. 2001-55, as it may he amended. Section' 6. Enforcement Board member attendance requirements, including failure to attend meetings and removal from office, shall be governed by Ordinance No. 2001-55 or its successor ordinance. The members shall serve at the pleasure ofthe Commission and may be suspended and renioved for cause by a majority vote of the quorum of the Commission, If any member becomes a candidate for publicly elected office, or becomes an employee of the County, his or her membership will automatically terminate. Section 7. An alternate member shall act only in the absence, or disqualification, of a regular Enforcement Board member. Section 8. Theinitial appointments to the Enforcement Board shall be as follows: (1) Two members shall be appointed for a term of one year each; (2) Three members shall be appointed for a term of two years each; (3) Two members shall be appointed for a term of three years each; (4) One alternate member shall be appointed for a tenn of two years and olle allernate member shall be appointed for a term ofthree years. (5) Thereafter, all appointments shall be made by the Commission for a tenn of three years, (6) In the event any member's term, including that of any alternate member's term, expires during the pendency of a case(s) which has not reached conclusion by a final vote, such member's expired teml shall automatically be extended for the limited time and for the limited purpose of presiding over such particular case(s) until conclusion and final vote and the time for rehearing has passed. In the event a rehearing is granted, sueh member's term shall continue for the limited time and limited purpose to rehear the matter and reach conclusion by final vote, Section 9. Organization of tbe Enforcement Board. (I) An Enforcement Board shall consist of a chairperson, a vice-chairperson, and such other officers as the Enforcerm.'l1t Board shall deem necessary, after election to such position by the regular voting Enforcement Board members, (2) Officers of an Enforcement Board shall be elected by a majority vote of the membership at the first meeting of the Enforcement Board, after the initial appointment of the membership and annually thereafter, (3) A minimum of four members of an Enforcement Board shall constitute a quorum. An alternate member shall be considered as one of such members for quorum purposes. (4) The Commission shall provide such clerical and administrative personnel and legal services as may be reasonably required by an Enforcement Board for the proper performance of its duties. (5) The Commission shall appoint either the Office of the Collier County Attorney or an attorney who is a member of the Florida Bar, either residing or practicing in the County, to represent and act as legal counsel to the Enforcement Board. and such person shall attend all meetings of the Enforcement Board. If not the County Attorney, the appointed attorney shall be compensated as provided by the Commission. (6) The Enforcement Board shall be reviewed by the Commission. in accordance with Collier County Ordinance No. 2001-55, as it may be amended. ARTICLE III. Special Magistrate Section]. Jurisdiction of Special Magistrates. Special Magistrates shall have the same jurisdiction to hear and decide cases as the Enforcement Board, and may also hold hearings on contested citations issued by but not limited to, the Collier County Sheriffs office, the Collier County Code Enforcement Department, Domestic Animal Services, and the Utility Billing and Customer Services Departments for violation of local codes and ordinan.ces. Section 2. Qualification, appointment, and removal of Special Magistrates. I Appointment of a Special Magistrate shall be based on the following qualifications and ternlS: (1) The Commission shall appoint as many Special Magistrates as deemed necessary. (2) Special Magistrates shall at minimum, (a) be a graduate of a law school accredited by the American Bar Association, (b) demonstrate knowledge of administrative law. land use law and local government regulations and procedures, (c) be a member in good standing with the Florida Bar, and (d) be either a certified mediator under the rules of the Florida Supreme Court, an Page 4 of 14 Agenda Item No. 12A March 13, 2007 Page 8 of 17 arbitrator qualified by a recognized Arbitration Association, or a fonner judge, and (e) meet other such qualifications that may be established by resolution oflhe Commission. (3) Special Magistrate appointment shall be for a two year tenn. Upon recommendation of the Special Magistrate Review Board, any Special Magistrate may be reappointed at the discretion of the Commission. There shall be no limit on the number of reappointments that may be given to any Special Magistrate; provided a detennination for removal or reappointment is made for each individual Special Magistrate at the end of each two-year tern!. The Commission shall have authority to remove a Special Magistrate with or without cause upon ten days written notice. (4) If any Special Magistrate resigns or is removed prior to expiration of his or her tenn or the Review Board detemlines that the Special Magistrate should not be rcappointed, thc Review Board shall make a recommendation for reappointment from the candidates previously interviewed to fill the vacancy within 30 days. Section 3. Establishment of a Special Magistrate Review Board. The Commission shall create a Special Magistrate Review Board, comprised of two members of the Code Enforcement Department; one member from the Office of the Collier County Attorney; and two sitting members of the Code Enforcement Board. The dUly of the Review Board shall be to recommend appointment for the Special Magistrate(s) and review, on an annual basis, the performance of the Special Magistrate(s) in order to recommend the removal or reappointment of said Special Magisrrate(s) to the Commission. ARTICI.E IV. Procl'dures Governing the Code Enforcement Board, Nuisance Abatement Board, and the Special Magistrate Section 1. Enforcement procedures. Matters brought to the Enforcement Board not sitting as a Nuisance Abatement Board, or to the Special Magistrate, shall be scheduled on the applicable agenda consistent with the following procedures: (I) Alleged violations of any code or ordinance may be tiled with the Code Enforcement Department by citizens or those administrative officials who have the responsibilily of enforcing the various codes and ordinances in force in Collier County. (2) If a violation(s) of a code or ordinance is believed to exist, the Code Enforcement Officer shall provide notice and specify a reasonable time to correct the violation(s). Notice shall be given in writing and shall specify the alleged violation, the required corrective action and the time period for correction. (3) Should any violation continue beyond the time specified for correction, the Secretary to the Enforcement Board or Special Magistrate shall give notice to the Violator that a hcaring will be conducted concerning the alleged violalion(s) as notIced. The notice shall slate [he time and place of the hearing, as well as the violation(s) which are alleged to exist. (4) Tfthe violation is correcled and then reoccurs, or if the violation is not correcied by the time specified for correction in the notice, the Code Enforcement Officer may either isslIe a citation or schedule the case for hearing, and the nolice of hearing shall so state, If the Code Enforcement Officer initiates the hearing process, the case may be brought for hearing even if the violation has been corrected prior to hearing, and the notice of hearing shan so state. (5) I [lhe Cude Enforcement Officer has rea !ion to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare or if the violation is ilTeparable or irreverslble in nature, the Code Enforcement Officer shall make a reasonable effort to notify the Violator and may immediately notify tht, Enforcement Board or Special Magistrate and request a hearing. Under such circumstances, the Code Enforcement Officer shall not be required to adhere to the notice and time requirements 3S set forth above. (6) If a repeat violation is found, the Code Enforcement Officer shall notify the Violator but is not required to give the Violator reasonable lime to conect the violation, The Code Enforcement Officer, upon notifying the Violator of a repeat violation, may request a hearing. The Code Enforcement Department shall give notice to the Violator as set forth in this Ordinance. The case may be brought for bearing even if the repeat violation has been corrected prior to hearing, and the notice of hearing shall so state, (7) If the owner of property which is subject to an Enforcement Board or Spccial Magistrate proceeding transfers ownership of such property between the time the notice of violation was served and the time of the hearing, such owner shall: a. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; b. Deliver to the prospective transferee a copy of the notices and other materials relating to the code enforcement proceeding received by the Violator/transferor; Page 5 of t4 Agenda Item No. 12A March 13, 2007 Page 9 of 17 c. Disclose, in writing, to the prospective transferee that the new owner will he responsibJ.e for compliance with the applicable code and with orders issued in the Enforcement Board or Special Magistrate proceeding; and d. File a notice with the Code Enforcement Department of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer. A failure to make the disclosure described above and before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the hearing shall not be dismissed, but the new owner shall be provided a reasonable period oftime to correct the violation before the hearing is held. Section 2. Enforcement procedures before the Nuisance Abatement Board. Matters brought to the Enforcement Board sitting as the Collier County Public Nuisance Abatement Board shall be scheduled on a separate agenda in accordance with the following procedures: (1) Any employee, officer or resident of Collier County may make a complaint and request for prosecution of public nuisances before the Public Nuisance Abatement Board, for public nuisance(s) located within the area of Collier County as set forth in Article I, Section 2 of this Ordinance. Said complaint shall be made with the Collier County Sheriffs Office if the complaint involves criminal activity as the underl}~ng basis for the nuisance complaint. Any non-criminal nuisance complaints shall be made with the CoHier County Code Enforcement Department. (2) Upon the making of more than t,vo complaints within a six-month period on any particular place or premises, the Collier County Code Enforcement Supervisor or his/her designee shall mail written notice of such complaints by hand delivery or by certified mail, retum receipt requested, to the owner of the place or premises complained of at the o'wner's address listed in the tax collector's office of tax notices, Said notice shall provide for the owner of the place or premises to contact the Collier County Code Enforcement Department within 14 days of receipt of the notice. This time period shall be allowed for the pmpose of allowing the owner to tak.e such' good faith measures as are appropriate to abate the nuisance. The Code Enforcement Department supervisor or his/her desi gnee may extend the 14 days to allow the owner to initiate or continue actions to abate the nuisance, provided that the actions taken are reasonable. (3) In the event the owner fails to respond to the notice from the Collier County Code Enforcement Department or fails to take reasonable action to abate the nuisance within the time frames set forth above, the Secretary to the Enforcement Board shall schedule 'a hearing on the complaint before the Nuisance Abatement Board. The Collier County Sheriffs Office shall provide the Prosecutor with the results of its investigation of tbe complaint and also assist in serving any notices required under this division. The Sheriffs Office shall also make available the Sheriffs staff witnesses to appear before the Nuisance Abatement Board without need for suhpoena, (4) Written notice of a hearing before the Public Nuisance Abatement Board shall be provided by the Secretary to the Enforcement Board hy certified mail, retum receipt requested, to the owner of the place or premises and to the complainant at least ten calendar days prior to the scheduled hearing. Said notice shall include: a. A statement of1he time, place and nature oftbe hearing; b. A statement ofthe legal authority and jurisdiction under which the hearing is to be held; c. A reference to the particular sections of the statutes and ordinances involved; and d. A short and plain statement summarizing the nuisance, which is the subject ofthe complaint. Section 3. Subpoena procedures for Enforcement Board, Nuisance Abatement Board, and Special Magistrate. (l) Every subpoena for testimony before an Enforcement Board, Nuisance Abatement Board or Special Magistrate shall be approved in advance of issuance by the Enforcement Board, Nuisance Abatement Board or Special Magistrate, respectively. Each subpoena shall state the name of the Enforcement Board, the title of the action, the case numb(~r of the action, the name and address of the person to whom the subpoena is issued, and the time, place and location of the hearing at which the person is directed to appear, and shall be prepared by the party requesting issuance. (2) A subpoena for pwduction of documentary evidence may also be issLled to command the person to whom it is directed to produce the books, papers, documents or tangible items desigflated therein. The Enforcement Board, upon motion made timely and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable or oppressive, or (2) condition denial (If the motion upon the advancement by the person on whose behalf the subpoena is issued of the reasonable cost of producing the requested books, papers, documents or tangible items, Page 6 of 14 Agenda Item No. 12A March 13, 2007 Page 10 of 17 (3) A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party to the action and who is not less than 18 years of age. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so. Proof of service shall be tiled with the Secretary of the Enforcement Board, The party at whose request the service is made shall make payment of any service fee. (4) Persons subpoenaed shall be entitled to a witness fee and mileage compensation as providcd for in ~ 92.142, Florida Statutes. The cost of the witness fee and mileage compensation shall be borne by the party at whose request the subpoena is issued and shall be paid to the witness at or before the time of service of the subpoena, Section 4. Conduct of bearing. (l) Hearings relating to violations of local codes and ordinances shall be conducted in the following manner whether being held by the Code Enforcement Board, Nuisance Abatement Board or Special Magistrate: (a) Upon request of the Code Enforcement Officer, or at such times as may be necessary, a hearing before the Enforcement Board or Special J'vlagistrate may be convened. (b) All hC:irings shall be open to the public and allY person whose interests may be affected by the:: matter before the Enforcement Board shall be given an opportunity to be heard, Official minutes of all hearings shall be kept. (e) Healings may be informal and need not be conducted in accordance with tbe technical rules relating to evidence and witnesses. They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions. Fundamental due process shan be observed and shall govem all hearings, (d) At the hearing, the burden of proof shall be upon the Prosecutor to show by a preponderance of the evidence that a vioJation(s) does exist and that the Violator committed, or was responsible for maintaining or allowing the violation to continue, (e) Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the abscnce of the Violator. (I) All testimony shall be under oath and shall be recorded by a certified court reporter and/or a recording instrument. The Violator may cause the proceedings to be recorded by an independent certified couli reporter. (g) All relevant evidence shall be admitted if, in the opinion of the Enforcement Board or Special Magistrate, it is the type of evidence upon which reasonable persons would nOITllally rely in the conduct of business affairs, regardless of the existence of any common Jawor statutory rule ,,,,hich might make sllch evidence inadmissible over objection in civil actions. Any part of the evidence may be received in written form. (h) Hearsay evidence may he accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision. (i) Eaeh party to the hearing shall have the nght to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses, impeach witnesses and rebut evidence, T'he Violator may be represented by legal counsel at all hearings. (i! At the conclusion of the hearing, an Order shall be issued, Orders shall be based on competent and substantial evidence entered into the record, and must be based on a preponderance of the evidence. The decision shall then be sent by regular First Class United States Mail, to the Violator in the fonn of a written Onkr including findings of fact and conclusions of Jaw based on evidence of record. (k) Should an Enforcement Board or Special Magistrate be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision canno1 be immediately made, the Enforcement Board may withhold issuing its decision until a subsequent meeting, and the Special Magistrate may withhold issuing his or her decision for a period not exceeding thirty (30) days. in such a case, further disclIssion of the pending matter 811d all deliberalions relating thereto by members of an Enforcement Board shall occur at a puhlic meeting of the Enforcement Board. The Enforcement Board or Special Magistrate shall thereafter issue its decision pursuant to subsection (] )(j) of this Section, (1) A certified copy of such order may be recorded in the public records of Collier County and shall constitute notice to any subsequent purchasers. successors in interest, or assigns as the violation(s) concern(s) real property, and the findings therein shall be binding upon the Violator and, if the violation(s) cOIlcern(s) real prupcrty, any subsequent purchasers, sllccessors in interest, or assigns. (m) If Collier County prevails in prosccuting a C2~,C before the Enforcement Board or Special M,agistrate. it shall be entitled to recover aU costs incurred in prosecuting the case, including costs incurred by the County in enforcing its codes and ordinances, and all costs of repairs incurred by Page 7 of 14 Agenda Item No. 12A March 13,2007 Page 11 of 17 the County. Whether and to what extent such costs are imposed shall be within the discretion of the Enforcement Board or Special Magis1;rate, but shall not exceed the costs incurred. (2) Special Additional Rules for Nuisal;ce Abatement Board. The Collier County Code Enforcement Department shall present cases before the Nuisance Abatement Board. The Collier County Sheriffs Office shall only be responsible for receiving and investigating complaints. sharing said investigative information with the Code Enforcement Department, notifying the Code Enforcement Department of the need to scheoule hearings. assisting Code Enforcement Department staff in serving any notices required lU1der this Ordinance, and making available investigative witnesses at Nuisance Abatement Board hearings, Where appropriate, the public may be given an opportunity to present oral or written communications, in which event all parties shall be given an opportunity to cross-examine, challenge, or rebut said material. After considering all evidence, the Nuisance Abatement Board may declare the place or premises to be a public nuisance, as defined by applicable County ordinances and Florida Statutes, and may enter an order immediately prohibiting: (a) The maintaining of a nuisance; (b) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; (c) The conduct, operation or maintenance of any business or activity on tile premises 'which is conducive to such nuisance. An Order entered under subsection (b) shall expire after one year or at stich earlier time as stated in the Order. The Nuisance Abatement Board may retain jurisdiction to modify its Orders prior to the expiration of said Orders. The Nuisance Abatement Board or any other authorized pcrson, may bring a complaint under S 60.05, Florida Statutes, seeking a permanent injunction agalllst any public nuisance. Section 5. Penalties before Enforcement Board and Special Magistrate. (1) Upon a finding of violation, the Enforcement Board or Special Magistrate may order the Violator to pay a rme which shall not exceed $1,000,00 per day per violatIon for each day the first violation continues past the date set for compliance hy the Enforcement Board or Special Magistrate; or in the case of a repeat violation, may order the repeat Violator to pay a fine which shall not exceed $5,000.00 per day per violation for each day the repeat violation continues past the date set for compliance by the Code Enforcement Board, or from the time the violation has been repeated, and a hearing shall not he necessary for the issuance of the Order. If the Enforcement Board or Special Magistrate finds a violation to be irreparable 'or irreversible in nature, it may impose a fine not to exceed $15,000.00 per violation. (2) In determining the amount of the fine, if any, the Enforcement Board or Special Magistrate, as the case may be, shall consider the following factors: (a) TIle gravity ofthe violation; (b) Any actions taken by the Violator to eon-ect the violation; aod (c) Any previous violations committed by the Violator. (3) The Nuisance Abatement Board may order the Violator to pay a fine which shall not exceed $250,00 per day for each day the first violation continues past the date set for compliance; or in the case of a repeat Violator, may order tlle repeat Violator to pay a fine which shall not exceed $500,00 per day. (4) Where the Nuisance Abatement Board hears an administrative action, based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site, conduct their own reta il business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner cvicts the business declared to be a nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to the authority of ~ 893,138, Florida Statutes, shall not exceed $15,000.00. (5) A certified copy of an Enforcement Board or Special Magistrate's Order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation occurred or exists, aJ ld upon any other real or personal property ovmed by the Violator; and shall be superior to the interest on such parcel or property of any owner, lessee, tenant, mortgagee, or other person exc(~pt the 1 ien of cmUlty taxes, a.'ld shall be coequal with county taxes enforced in the same manner as a court judgment by the sheriffs of this state, including levy against personal property, but sllall not bc deemed to be a court judgment except for enforcement purposes. After three months from the tiling of any sllch lien which remains unpaid, the enforcement board may authori7(~ the county attorney to foreclose on the lien or forward the lien to a collection agency. No lien c!'l,:ated pursuant to this Section may be foreclosed on real property that is a homestead under Article :'\, Section 4 ofthe Florida Constitution. Page 8 of 14 Agenda Item No. 12A March 13, 2007 Page 12 of 17 (6) No lien provided under this division shall continue for a period longer than 20 years after the certified copy of an Order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of tbe action shalInot be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. Section 6. Costs for nuisance abatement cases. In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and issues an order, the Nuisance Abatement Board shall assess against the owner of the place or premises the costs which the county, its at/omey and/or the sheriffs office have incurred in the preparation, investigation and presentation of the case. These costs shall be due and payable 20 days after the written order of the Nuisance Abatement Board has been filed in the public records. A certified copy of an Order imposing costs may be recorded in the official records and thereafter shall constitute a lien against the land on which the violation exists or, ifthe Violator does not own the land, upon any other real or personal property owned by the Violator. Upon petition to the circuit court, said order/lien may be enforced in the same manner as a court judgment except for enforcement purposes. After one year from tbe filing of allY such lien, which remains unpaid, Collier County may foreclose or otherwise execute on the lien with recovery of all costs, including reasonable attorney fees, associated with the recording of the order and foreclosure. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in S 55.03, Florida Statutes, as said statute may be amended, replaced, or superseded from time to time. No lien created pursuant to the provisions of this Seetion may be foreclosed on real property that is a homestead under Aliicle X, Section Four of the Florida Constitution, Section 7. Rehearing of Enforcement Board or Special Magistrate ac1ion, (I) A request for rehearing shall be made in writing. Either the Prosecutor or tbe Violator may request a rehearing of the decision of an Enforcement Board or Special Magistrate. In the case of Enforcement Board decisions, said requests shall be filed with thc Secretary to the Enforcement Board. and in the case of Special Magistrate decisions, with the Secretary to the Special Magistrate, within ten days of the date of receipt of the ,,,,ritlen Order of tbe Enforcement Board or Special Magistrate, but in no event more than 20 days fTOm the date of mailing of the written order. A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which \vas fundamental to the decision of the Enforcement Board or Special Magistrate. The written request for rehearing shall specify the precise reasons therefore. (2) The Enforcement Board, or Special Magistrate, as the case may be, shall make a determination whether to rehear the matter and its decision shall be made at a public meeting, reduced to writing, and mailed to the interested parties within ten days after thc date thc decision is made, If the Enforcement Board or Special Magistrate detemlines it will gran! a reheating, it may either: (a) Schedule a hearing where the pm1ies will be given the opportunity of presenting evidence or argument limited by the Enforcement Board and Special Magistrate to the specific reasons for which the rehearing was granted; or (b) Modify or reverse the prior order, without receiving further evidence, provided that any modification is ba<;ed 011 a finding that the prior decision of the Enforcement Board or Special Magistrate resulted from a ruling 011 a question of law which the Enforcement Board or Special Magistrate has been informed was an erroneous ruling, (3) The Order of the Enlorcement Board or Special Magistrate shall be stayed and the time for taking an appeal, pursuant to Section 8 below, shall not commence to nm until a request for rehearing has been denied or otherwise disposed of and the virittcn decision has been received by the interested parties; provided, however, tbat in no event shall the Order be stayed [or a period longer than 20 days from the date of mailing of the rehearing decision. Section 8, Appeals, (I) With the exccption of violations of Ordinan.ce No, 72-8; Ordinance No, 74-9, as amended; Ordinance No. 76-13; and Ordinance No. 93-56, as amended, as collectively codified in Chapter 14 of the County Code of Laws and Ordinances, any aggrieved par1y, including the Commission, may challenge a final administrative order of an Enforcement Board or Special Magistrate to the Collier County Circuit Court. Such challenge shall not be a hearing de novo but shall be limited to appellate review of the record created before the Enforcement Board or Special Magistrate. Any appeal shall be tlkd \vithin 30 days of the execution oftllc Order to be appealed. (2) For violations of Ordinance No. 72-8; Ordinance No, 74-9, as amended; Ordinance No. 76-13; amI Ordinance No. 93-56,8.0; amended, as collectively codified in C'hapter 14 of the County Code Page 9 01']4 Agenda Item No. 12A March 13, 2007 Page 13 of 17 of Laws and Ordinances, any aggrieved party, including the Commission, may seek to overturn the Order by making application to the County Court for a trial de novo on the merits within 30 days of the execution of U1C Order to be appealed. These requirements for appeal are jurisdictional. (3) In the event that a party to the proceedings before an Enforcement Board or Special Magistrate should elect to appeal, a verbatim record of the proceedings may be required or may be desirable. It shall be the sole responsibility of the alleged Violator to ensure that a record is made which includes the testimony upon which an appeal may be taken. Collier County, an Enforcement Board, and the Special Magistrate shall not have responsibility to provide a verbatim transcript of the proceedings. Section 9. Notices. (I) All notices required by this Ordinance shall be provided to the alleged Violator by: (a) Certified mail, return receipt requested, provided if such notice is sent to the owner of the property in question at the address listed in the tax collector's offices for tax notices, and at any other address provided to the local government by such owner and is retul11ed as unclaimed or refused, notice may be provided by posting as described below, and by first class mail directed to the addresses furnished to the local goverruncnt with a properly executed proof of mailing or affidavit confirming the first class mailing; (h) Hand-delivery by the sheriff or other law enforcement officer, Code Enforcement Officer, or other person designated by the Commission; (c) Leaving the notice at the Violator's usual place of residence with any person residing therein who is above 15 years of age and infoTIning such person of the contents of the notice; or Cd) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providi11g notice as set forth in subsection (1) above, at the option of the Enforcement Board or Special Magistrate. notice may also be served by publication or posting, as follows: (a) Such notice shall be published once during each week for [our consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter 50, Florida Statutes, for legal and official advertisements. (b) Proof of publication shall be made as provided in SS 50.041 and 50.051, Florida Statutes. (3) In lieu of publication as described in subsection (2) of this Section, such notice may be posted at least ten days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and tile other of which shall be at or near the front door of the Collier County Courthouse. (4) Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of posting. (5) Notice by publication or posting may nm concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (I) of this Section. (6) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1) of this Section, together with proof of publication or posting, sllall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the Violator actually received such notice. (7) Proper notice may be assumed when a notice of violation and/or hearing has been mailed to, and accepted by, the Violator or his or her agent or other person in the household or business, or where a Code Enforcement Officer. under oath testifies that he/she did hand-deliver the notice to the Violator. ARTICLE V. Code Enforcement Citation Regulations Section 1. Purpose and Autbority, It is the intent of this Article to promote, protect, and improve the health, safety, and welfare of the citizens of Collier County by providing a supplemental means of enforcing County ordinances by creating an option for the issuance of civil citations for adjudication of ordinances in Collier County Court. The authority for this Article is Chapter 162, Florida Statutes, Part II. Section 2. Designation of certain county employees as code enforcement officers and authorization to issue citations and notices to appear. Page 10 of 14 Agenda Item No. 12A March 13, 2007 Page 14 of 17 (1) Subject to the successful completion of required training, the following county employees or agents are hereby designated as code enforcement officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with county codes and ordinances: law enforcement officers; code enforcement director; code enforcement supervisors; code enforcement investigators; and code enforcement compliance investigator for revenue services. (2) Designation as a code enforcement officer with authorization to issue citations and notices to appear does not provide the designated code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of ~S 943.085-943.255, Florida Statutes. Section 3. Training of designated code enforcement officers to issue citations and notices to appear. The training of designated code enforcement officers for issuing citations/notices to appear shall be implemented by the Collier County Code Enforcement and Human Resources Departments, which shall maintain in their respective dcpartment files a written procedure as to the necessary training requirements. Topics in the training shall include, but are not limited to, the lolJowing: (1) 171e citation and notice to appear. a. l<\.pplicable laws and enabling legislation. b. Purpose of citation and notice to appear procedmcs. c. Powers and limitations of citation and notice to appear procedures. (2) Responsibilities of the code officer. a. Enforcement policies. I. ~Then to use citation and notice to appear power. 2. Warnings. (3) issuing citation and notice to appear. a. Form of citation and notice to appear. b. Applicable laws. c. Warning notice required. d. Court data. e. Practice writing citations and notices to appear. (4) Signature of code Violator and/or refusal to sign. a. What to do to obtain signature. b. Procedure for refusal to sign. c. How to obtain sheriffs assistance. d. Emergency contact procedures. (5) Public call/act. a. How to handle difficult situations. b. Angry people. (6) Sworn statements. (7) Keepingfiles. a. Documentation and building a case. b. What to do with files for court action. (8) Court room procedures. a. Appearance. b. Demeanor. c. Testimony. d. Judges. Section 4. Powers and duties of designated Code Enforcement Officers. (I) It shall be the duty of those persons designated in this Article, who have successfully completed the required training, to issue a citation(s) or notice(s) to appear to a person(s) when, based upon personal investigation, the Code Enforcement Officer has reasonable cause to believe that the person(s) has (have) committed a civil infraction in violation of any duly enacted county codes or ordinances. (2) As may otherwise be permitted by law, all Collier COlmty codes and ordinances may be enforced by the procedures set forth in this Article. , Section 5. Civil infraction. A violation of any codes or ordinance for which a citation/notice to appear is issued, under the authority provided herein, is a civil infraction subject to the enforcement procedures set forth in this article and any other applicable enforcement procedure set forth in any other county code or ordinance, and in Florida Statutes. Said civil infraction shall carry a maximum civil penalty not to exceed $500.00. A civil penalty of less than the maximum civil penalty may apply if the person Page II of 14 Agenda Item No. 12A March 13, 2007 Page 15 of 17 who has committed the civil infraction does not contest the citation. Each violation of a code or ordinance shall be a separate civil infraction. Each day each violation shall continue beyond the time period for correction stated in the written warning notice, citation or notice to appear, shall be deemed to constitute a separate civil infraction. Section 6. Citation aDd notice to appear procedures. (1) Prior to issuing a citation or a notice to appear, a Code Enforcement Officer .5hall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days if a citation is issued. Such time period shall be no fewer than five days and no more than 30 days if a notice to appear is issued. If, upon personal investigation, a Code Enforcement Officer finds that the person has not corrected the violation within the time period, a Code Enforcement Officer may issue a citation or a notice to appear to the person who has committed the violation. A Code Enforcement Officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation or notice to appear, and may immediately issue a citation or notice to appear if a repeat violation is found or if the Code Enforcement Officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or in'eversible. (2) Written waming notices, if applicable, and citations and notices to appear shall be provided to the Violator by certified mail, return receipt requested, or by hand-delivery by the Code Enforcement Officer, sheriff, or other law enforcement officer. Issuance of a written warning notice or citation or notice to appear to a business may be accomplished by leaving a copy at the business, during regular business hours, with any employee and informing the employee of the contents or by certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of waming notices, citations, and notices to appear; said warning notices, citations, and notices to appear may also be served on the registered agent for the business. (3) After issuing a citation or notice to appear to the Violator, the Code Enforcement Officer shall deposit the original citation or notice to appear and two copies of the citation or notice to appear with the county court. (4) Upon issuance of a citation or notice to appear, the following options apply: (a) A person who elects not to contest the citation or notice to appear may pay the civil penalty as set out herein within 30 days from issuance of the citation or notice to appear; or' (b) The person cited may contest the citation or notice to appear in county court. In such cases where a person wishes to contest the citation or notice to appear, the person must request, in writing, a court date from the clerk of courts within 30 days of issuance of the citation or notice to appear. (5) A person who fails to pay the civil penalty within the established period of time, fails to request a court date, and/or fails to timely contest the citation or notice to appear shall be deemed to have waived his or her right to contest the citation or notice to appear and, in such case, judgment shall be entered against the person for the amount of the maximum civil penalty $500.00. (6) In the event a civil judgment is entered against a person pursuant to the provisions of this article, the county may record a certitied copy of said judgment in the official records of the county. If a person pays the civil penalty [or which a civil judgment has been recorded, the clerk of courts shall notify the Collier County Code Enforcement Department when the judgment has been paid. Upon receipt of written verification of payment from the clerk of courts, the Director of the Code Enforcement Department, or authorized delegate, shall prepare, execute and record a satisfaction of judgment in the Official Records of Collier County. (7) The provisions of this Article are an additional and supplemental means of enforcing county codes and ordinances and may be used for the enforcement of all applicable county codes or ordinances as may be permitted by law. Nothing contained ill this Article shall prohibit the county from enforcing its codes and ordinances by any other civil, administrative and/or criminal means. (8) The provisions of this Section shall not apply to enforcement, pursuant to ~~ 553.79 and 553.80, Florida Statutes, of the Building Codes adopted pursuant to {i 553.73, Florida Statutes, as they apply to construction; provided that a building permit is either not required, or has been issued by the county or a municipality. For the purpose of this subsection, "building codes" means only those codes adopted pursuant to ~ 553.73, Florida Statutes. Section 7. .Form of citations and notices to appear. The citation and notice to appear forms to be issued by the Code Enforcement Officers designated herein shal1 be in a form prescribed by the county and shall contain: Page 12 of 14 Agenda Item No. 12A March 13, 2007 Page 16 of 17 (1) The date and lime of issuance. (2) The name and address of the person to whom the citation is issued. (3) TIle date and time the civil infraction was committed. (4) The fads constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation or notice to appear in county court. (8) The applicable potential civil penalty if the person elects to contest the citation or notice to appear. (9) The applicable civil penalty if the person elects not to contest the citation or notice to appear. (10) A conspicuous statement that, if the person fails to pay the civil penalty within the time allowed, and/or fails to request a hearing date and/or appear in county court to timely contest the citation or notice to appear, such person shall be deemed to have waived the right to contest the citation or notice to appear and that, in such case, judgment shall be entered by the clerk of comis against the person for the amount ofthe maximum civil penalty of$500.00. Section 8. Establishing a schedule of violations, options and penalties, regarding citations and notices to appear. (1) The Commission hereby establishes a schedule of violations and penalties to be assessed by Code Enforcement Officers for those codes and ordinances enforced pursuant to this Article. (2) Schedule of violations and penalties: For uncontested violations cited under this Article, the following schedule of civil penalties is imposed for the conesponding offense; first offensc $105.00, second offense $255.00, and third or more offense $405.00. (3) The following options are available to a person who has been issucd a citation or notice to appear in accordance with this Article: (a) If a person elects not to contest a citation or notice to appear, the person may pay the appropriate civil penalty, as set forth above in this article, within 30 days from issuance of the citation or notice to appear to the clerk of the circuit court. (b) If a person elects to contest a citation or notice to appear in county court and, after trial before the county court, is adjudicated to have committed a violation, a civil penalty not to exceed $500.00 shaH be imposed by the county court. The county judge may also order the Violator to correct the violation within a time certain and as may be specified. Court costs, legislative assessments, and costs of prosecution, all as provided [or by law, shall be assessed by the county court. (4) If a person fails to pay the civil penalty specified by the schedule ofpenaHics within the time allowed, or fails to request a hearing or fails to appear in COWlty court to contest the citation or notice to appear. the Violator shall be deemed to have waived the right to contest the citation or notice to appear and judgment shall be entered against the person in an amount up to the maximum civil penalty of $500.00 per violation, but not less than the amount of the penalty set forth in the schedule for uncontested violations. (5) Any person who willfully refuses to sign and accept a cltation issued by a designated Code Enforcement OfIicer shall be guilty of a misdemeanor of the second degree, punishable as provided in ~ 775.082 or 9775.083, Florida Statutes. (6) Unless otherwise required by law, all monies required to be paid for civil penalties, or as may otherwise be awarded by the county court, pursuant to this ordinance will be distributed as follows: (a) The first $5.00 of any fine or order of the court will be retained by the clerk of courts, and; (b) All other monies paid by, and collected from, violations will be remitted to the Collier County Code Enforcement Department. ARTICLE VI. Affirmative Defense Section 1. Affirmative defenses to alleged code violations. It shall be a complete defense to any Enforcement Board or Special Magistrate action founded upon an alleged failure to obtain a permit required by the Collier County Code of Laws and Ordinances, if said permit was required Q be oblained prior to April 1, 1997, and the person charged with such alleged failure demonstrates by a preponderance of the evidence that the \vork which was alleged to have been completed without a pennit being duly issued meets all codes and requirements in effect at the time the permit was required. Page 13 of 14 Agenda Item No. 1'2A March 13, 2007 Page 17 of 17 SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County, the more restrictive shall apply. If any phrase or portion of this Ordinance, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses or phrases and their application shall not be affected thereby. SECTION FOUR: Inclusion In the code of laws and ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _ day 2007. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA , Deputy Clerk By: By: JAMES COLETTA, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Managing Assistant County Attorney Page t4 of 14 Agenda Item No. 12B March 13, 2007 Page 1 of 6 ,,-." EXECUTIVE SUMMARY Board Consideration of Amendment Provisions to Collier County Ordinance No. 79-8, as Amended, the Collier County Vessel Control Ordinance; by Amending Section Five, Speed Limit in Certain Areas, to Establish the Speed Zones in Naples Bay and to Direct Staff to Prepare a Waterway Permit Application. OBJECTIVE: First, that the Board of County Commissioners consider the adoption of an amendment to Collier County Ordinance No. 79-8, as amended, to establish speed zones in Naples Bay and surrounding waters. Second, for the Board of County Commissioners to direct staff to prepare a Waterway Permit Application to the Florida Fish and Wildlife Conservation Commission (FWC). CONSIDERATIONS: On February 13, 1979, the Board of County Commissioners adopted Ordinance No. 79-8, establishing the Collier County Vessel Control Ordinance. The ordinance regulates speed limits in certain areas of unincorporated Collier County. - Naples Bay is a water body located within the boundaries of Collier County and the City of Naples. Collier County has concurrent jurisdiction over Naples Bay and is authorized to establish and administer programs of . . . navigation. . . and to cooperate with governmental agencies and private enterprise in the development and operation of such programs. For the purpose of promoting and protecting public safety and welfare, and the protection of persons and property, it is necessary and advisable to control vessel speeds in the waters located within Collier County, including without limitation, Naples Bay and its approaches and surrounding waters. An amendment to Ordinance No. 79-8, as amended, would allow the County to establish speed zones in Naples Bay. The proposed amendment is attached. The Waterway Permit Application may only be submitted to the FWC following adoption of a local ordinance establishing the proposed speed zones. The Application is very fact specific and will require significant staff time to identify and mark the locations for the speed zone markers. Additionally, staff will need to coordinate with other governmental agencies regarding ownership and posting rights on existing pilings. Finally, the Application requires a process with the FWC. In fact, it took approximately five months for the City of Naples to receive the FWC Notice of Intent to issue the permit. .-- LEGAL CONSIDERATIONS: It should be noted, that Article VIII, section l(t), of the Florida Constitution provides that "[t]he Board of County Commissioners of a county not operating under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of such conflict." Accordingly, it could be argued that although Collier County shares concurrent jurisdiction to ,.."."....., Boat Speed Zones Page 2 of2 Agenda Item No. 128 March 13, 2007 Page 2 of 6 regulate Naples Bay, that this ordinance would be of no force and effect as to any contrary ordinance by the City. FISCAL IMPACT: The fiscal impact is unknown at this time. Collier County may be required to incur costs to implement the Ordinance and post signage if approved. GROWTH MANAGEMENT IMPACT: There is no growth management impact related to this matter. RECOMMENDATION: That the Board of County Commissioners consider the approval of revision to Section Five of Collier County Ordinance No. 79-8, as amended, and direct the County Attorney to work with County staff to prepare and advertise an ordinance for same. Further, once the ordinance is adopted, to direct the County Attorney's Office to work with staff to prepare and submit a Waterway Permit Application to the FWC. Prepared by: Colleen M. Greene, Assistant County Attorney Jeffrey A. Klatzkow, Managing Assistant County Attorney ..... 2 Agenda Item No. 128 March 13, 2007 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 128 80ard Consideration of Amendment ProvisIOns 10 Collier County Ordmance No 79-8, as Amended, the Collier County Vessel Control Ordinance by Amending Section Five, Speed Limit in Certain Areas. to Establish the Speed Zones In Naples Bay and to Direct Staff to Prepare a Waterway Permll Application 3/13/2007 9:00:00 AM Item Number: Item Summary: Prepared By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 3/1/2007 12:22:14 PM Approved By David C. Weigel County Attorney Date County Attorney County Attorney Office 3/1/2007 4:36 PM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 3/1/20074:37 PM Approved By Leo E. Ochs. Jr. Deputy County Man~ger Date Board of County Commissioners County Manager's Office 3/212007 4:23 PM Agenda Item No. 128 March 13, 2007 Page 4 of 6 PROPOSED ORDINANCE AMENDMENT AN ORDINANCE AMENDING ORDINANCE NO. 79-8, AS AMENDED, SPEED LIMIT IN CERTAIN AREAS, REGULATING BOAT SPEEDS IN COLLIER COUNTY AND THE CITY OF NAPLES IN NAPLES BAY. WHEREAS, Naples Bay is a water body located within the boundaries of Collier County and the City of Naples; and WHEREAS, Collier County has concurrent jurisdiction over Naples Bay and is authorized to "establish and administer programs of . . . navigation . . . and to cooperate with governmental agencies and private enterprise in the development and operation of such programs;" and WHEREAS, the Collier County Board of County Commissioners finds that Naples Bay is both a destination and a transit waterway used by local businesses, citizens, and tourists, for recreational, business, and commercial purposes; and WHEREAS, for the purpose of promoting and protecting public safety and welfare, and the protection of persons and property, it is necessary and advisable to control vessel speeds in the waters located within Collier County, including without limitation, Naples Bay and its approaches and surrounding waters. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. That Article II, Division 3, Speed, of Chapter 146, Collier County Water Safety and Vessel Control Regulations, is hereby amended to read as follows: ARTICLE II, DIVISION 3 Speed Sec. 146-60.5. Speed limits in certain areas. (a) No person shall operate a vessel of any kind which is propelled by a motor or engine in any area designated as an official "no wake-idle speed only" area and so posted at greater than idle speed. (b) No person shall operate a vessel of any kind which is propelled by a motor or engine in any area designated as an official "slow speed-minimum wake" zone or area so posted at greater than slow speed. (c) No person shall operate a vessel in any area designated and posted as an official idle speed zone at a speed greater than idle speed. The following are designated as idle soeed zones: (1) The Gulf of Mexico along the Naples public beach. from the shoreline out of 500 feet west of the public beach. from the north boundary of the city of Naples to Gordon Pass. excluding the outer aoproach to Doctors Pass. such approach being the area within the marked channel from the lighted. outermost marker east to the outer ends of the stone jetties. (2) Doctors Pass and the Moorings Bav Svstem. from Seagate Drive South to Banyan Boulevard. Words underlined are added; words slnlal( IIll'llllgR are deleled Proposed Ordinance Amendment Page 2 of3 Agenda Item No. 28 March 13, 2 07 Page 5 f 6 (3) The Gordon River and Naples Bay. from the north boundary ofthe City of Naples to a line runnin~ east to west through marker 32. connectinll adiacent shorelines. exceot that for the PUTDose of testinll propulsion syStems. marine mechanics are permitted to exceed the idle speed restriction in the Gordon River in an area approximatelY 0.3 mile in length. extending from the City Wastewater Treatment Plant south to the Horticultural Landfill. weekdayS. between the hours of8:00 a.m. and 5:00 p.m. (4) Naples Bay. from a line running north to south through marker 10. connecting adjacent shorelines. to a line running north to south through marker 6. connecting adjacent shorelines. (5) All canals and waterwavs tributary to Naples Bay and the Gordon River. including without limitation those in River Park. Avion Park. Golden Shores. Oyster Bav Roval Harbor. Aaualane Shores and Port Royal. (d) No person shall operate a vessel in any area desi~ated and posted as an official slow speed zone at a speed greater than slow speed. The following are designated as slow speed zones: (1) Naples Bay. from a line running east to west through marker 32. connecting adjacent Shorelines: to a line ruIU1ing east to west through marker 27. connecting adiacent shorelines_ from 10:00 AM through 5:00 PM weekends and holidays (see 68D-23.103 F.A.C. "holidays") (2) Naples Bay. from a line running east to west through marker 21. connecting adjacent shorelines. to a line running north to south through marker 10. connecting adjacent shorelines. from 10:00 AM through 5:00 PM weekends and holidays: (3) Naples Bay and Dollar Bay. from a line runninl!. east to west through marker 21. connectin~ adjacent shorelines. to a line running east to west through marker 73 in Dollar Bay. connecting adjacent shorelines. from 10:00 AM through 5:00 PM weekends and holidays: (e) No person shall operate a vessel in anv area desilmated and posted as an official 30 mile per hour (MPID zone at a speed greater than 30 MPH. The following are designated as 30 MPH zones: (1) Naples Bay. from a line running east to west through marker 32. connecting adiacent shorelines. to a line ruIU1inl!. east to west through marker 10. connecting adjacent shorelines. weekdays: (2) Naples Bay. from a line running east to west through marker 27. connecting adjacent shorelines. to a line running north to south through marker 21. connecting adjacent shorelines. from 10:00 AM through 5:00 PM weekends and holidays: (3) Naples Bay and Dollar Bay. from a line runnil1lz east to west through marker 22. connecting adjacent shorelines. to a line running east to west through marker 71 in Dollar Bay. connecting adjacent shorelines. weekdayS: Words underlined are added; words _\fuel, thoeygh are deleted Proposed Ordinance Amendment Page 3 of3 Agenda Item No. 128 March 13, 2007 Page 6 of 6 (4) Gordon Pass and the portions of Naples Bav and Dollar Bav. all as described in subsection (e). at all times other than those set forth in subsection (c): or not otherwise designated as an idle speed zone or slow speed zone. This Ordinance shall become effective on ,2007. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: JAMES COLETTA, CHAIRMAN , Deputy Clerk Approved as to form and legal sufficiency: Colleen M. Greene Assistant County Attorney Words underlined are added; words 5lruek tk",ygil are deleted Agenda Item No. 16A 1 March 13, 2007 Page 1 of 6 EXECUTIVE SUMMARY ,- Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions: Wilma Britton and Gordon & Kay Schultz: and Lyjac Properties, LLC and the following Special Master action: FRVG, LLC OBJECTIVE: To approve execution and recording of the Release and Satisfactions of Lien, acknowledging compliance and recovery of fines and fees related to prosecution of Code Enforcement matters. CONSIDERATIONS: /_. Reference Owner of Record Property Address Lien Amount CEB 2003-014 Wilma Britton and Gordon and Kay 109 Duncan Lane, Naples, FL 34114 $914.00 Schultz CEB 2003-015 Wilma Britton and Gordon and Kay 109 Duncan Lane, Naples, FL 34114 $448.05 Schultz CEB 2006-32 Lyjac Properties, LLC 771 AirpOlt Road North, Naples, FL $498.08 34104 OSM 2004100207 FRVG, LLC 8315 Davis Blvd, Naples FL $326.96 TOTAL $2,187.09 FISCAL IMP ACT: Costs incurred by the County are costs of recording the Release and Satisfactions of Lien estimated to be $10.00 per release, totaling $40.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners approve the Release and Satisfactions of Lien. PREPARED BY: Bendisa Marku, Operations Coordinator, Code Enforcement "-" Rev ] 2/06 Item Number: Item Summary: Meeting Date: Agenda Item No. 16A1 March 13, 2007 Page 20[6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M1 RecommendaUon to approve the Release and Satisfactions of lien for payments receIved for the following Code Enforcement actions Wilma Britton and Gordon & Kay Schultz and Lyjac Properties. LLC and the following Special Master action FRVG, LLC 3/13/2007 9 00 00 AM Date Approved By Marlene Stewart Community Development & Environmental Services Executive Secretary Community Development & Environmental Services Admin. 3/1J2007 12:39 PM Approved By Code Enforcement Director Date Michelle Edwards Arnold Community Development & Environmental Services Code Enforcement 3/212007 8:46 AM Approved By Date Constance A. Johnson Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Admin. 3/2120079:23 AM Approved By Joseph K. Schmitt Community Development & Environmental Services Community Development & Environmental Services Adminstrator Date Community Development & Environmental Services Admin. 3/212007 10:14 AM App roved By Administrative Assistant Date OMS Coordinator County Manager's Office Office of Management & Budget 3/2120074:11 PM Budget Analyst Date Approved By Mark Isackson County Manager's Office Office of Management & Budget 312120074:27 PM Deputy County Manager Date Approved By Leo E. Oells, Jr. Board of County Commissioners County Manager's Office 3/2/20074:43 PM Agenda Item No. 16A 1 March 13, 2007 Page 3 of 6 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34 104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order Imposing FinelLien dated October 1, 2003, a certified copy of which was recorded on October 13, 2003, in O.R. Book 3420 Pages 1719-1721, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Wilma Britton and Gordon and Kay Schultz, has been discharged in full: Wilma Britton Gordon and Kay Schultz 109 Duncan Lane Naples, FL 34114 Folio No. Cost: Reference: 50880004661 $914.00 2003-014 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Wilma Britton and Gordon and Kay Schultz, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: ~ Jeff. ri t Assi t County Attorney Agenda Item No. 16A 1 March 13, 2007 Page 4 of 6 This instrument prepared by: JefT E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 2 13-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order Imposing Fine/Lien dated October 1,2003, a certified copy of which was recorded on October 13, 2003, in O.R. Book 3420 Pages 1722-1724, of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by Wilma Britton and Gordon and Kay Schultz, has been discharged in full: Wilma Britton Gordon and Kay Schultz 109 Duncan Lane Naples, FL 34114 Folio No. Cost: Reference: 50880004661 $448.05 2003-015 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Wilma Britton and Gordon and Kay Schultz, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMESCOLETTA,CH~AN Approved as to form and legal sufficiency: , ri t t County Attorney Agenda Item No. 16A 1 March 13, 2007 Page 5 of 6 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 2 I 3-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Code Enforcement Board Order dated July 31, 2006, a certified copy of which was recorded on August 2, 2006, in O.R. Book 4081, Pages 2922, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by L YJAC Properties, LLC, has been discharged in full. Lxiac Properties, LLC 771 Airport Road North Naples, FL Folio No. Cost: Reference: 00270560008 $498.08 2006-32 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by L YJAC Properties, LLC and consents to this lien being discharged of record. Dated this day of , 2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: t ri t t County Attorney Agenda Item No. 16A 1 March 13, 2007 Page 6 of 6 This instrument prepared by: Jeff E. Wright Assistant County Attorney 2800 N. Horseshoe Drive, Ste 301 Naples, Florida 34104 (239) 213-2939 RELEASE AND SATISFACTION OF LIEN This is to certify that the claim of lien arising out of the Order of the Special Master dated January 6, 2006, a certified copy of which was recorded on January 20, 2006, in O.R. Book 3968, Page 1939 of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, owned by FRVG, LLC, has been discharged in full. 8315 Davis Blvd., Naples, Florida Folio No. Cost: Reference: 00399360008 $326.96 OSM Case No. 2004100207 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by FRVG, LLC, and consents to this lien being discharged of record. Dated this day of ,2007. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , De