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Agenda 05/22/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA May 22, 2007 8:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, BCC Commissioner, District 1 ; CRAB Chairman Frank Halas, Bee Commissioner, District 2 Fred W. Coyle, BCC 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. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. April 24, 2007 - BCC/Regular Meeting C. May 1, 2007 - BCC/City of Naples Joint Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS 5. PRESENTATIONS A. Presentation by John Torre, Director, Communications and Customer Relations, of the 2007 Citizen Survey. 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. An Ordinance requesting authorization for Artesia Naples Community Development District Board of Supervisors to exercise certain additional powers for persons and property residing in the Artesia Naples Community Development District (CDD). B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-A-2005-AR-7422 (KD) Larry Abbo, as vice president of Prime Homes at Portofino Falls, Ltd., represented by David R. Underhill, Jr. of Banks Engineering and Robert D. Pritt of Roetzel & Andress, L.P.A.; and William L. Hoover, as president of Catalina Land Group Inc., who is represented by David R. Underhill, Jr., of Banks Engineering and Richard D. Yovanovich of Goodletle, Coleman and Johnson, P.A., are requesting a rezone from the Rural Agricultural (A) and Planned Unit Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning district, to add 20.26 acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.96 acres and 671 dwelling units, which may be single- or multi-family dwellings, and amend the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. The subject property is located on the north side of Vanderbilt Beach Road, approximately one half mile west of Collier Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (Companion Item to the Falls of Portofino Community Development District (CDD)) C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to consider adoption of an Ordinance establishing the Falls of Portofino Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. This item is a companion to item RZ-2005-AR-7422 Wolf Creek PUD. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Immokalee Beautification Advisory Committee. B. Appointment of member to the Collier County Airport Authority. C. Appointment of member to the Habitat Conservation Plan Ad-Hoc Advisory Committee. D. Appointment of member to the Collier County Coastal Advisory Committee. E. Recommendation that the Board of County Commissioners indicate intent to renegotiate the County Attorney Employment Agreement with David C. Weigel and approve an Addendum to the Agreement. (Commissioner Coletta) F. Commissioner Henning requesting the Board of County Commissioners to approve and authorize reimbursement of reasonable legal fees and costs. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners accept the findings of the report entitled Collier County Impact Fee Indexing Study prepared by Tindale-Oliver and Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 ofthe Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate the changes to the indexing methodologies and corresponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting(s).(Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) B. This item to be heard at 4:30 p.m. Recommendation that the Collier County Board of County Commissioners (BCC) approve a budget amendment totaling $250,000 from FY07 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. (Companion item to Community Redevelopment Agency approval of expenditure under 14A to be considered following action on 14A) (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) C. The County Managers Zoning Department staff would like discuss with the Board of County Commissioners, the impacts of the current requirements of the Land Development Code as they relate to the Mixed Use Project (MUP) approval process permissible in the Bayshore and Bayshore Triangle Overlay Zoning Districts, specifically as they relate to the Arboretum Village project which was approved by the Board of County Commissioners on September 12, 2006. They also request affirmation that a 3 or more year time frame for physical construction of this project, as now proposed by the developer and as evidenced by the initial SDP submittal for administrative review, does not conflict with the intent of the Board when they approved this project in terms of the awarding of density bonus units, and furthermore that it does not conflict with the Boards potential plans to build a parking garage in the Bayshore redevelopment area as discussed at the public hearing approving this project. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) D. Recommendation that the Board of County Commissioners accept an interim report from the Habitat Conservation Plan Advisory Committee and provide the Committee direction for future efforts.(Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) E. Recommendation to approve an Agreement for Sale and Purchase with George P. Langford, as Trustee of the R. R. Land Trust dated the 1st day of December, 1998 for 55.35 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $10,687,700. (Len Price, Administrator, Administrative Services) F. Recommendation to approve the Winchester Head Multi-parcel project as a Category A project on the current Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue properties within this project, considering conditions provided by the Board of County Commissioners and a risk reduction approach developed by staff. (Len Price, Administrator, Administrative Services) G. Recommendation to conduct the Conservation Collier Annual Public Meeting to provide an update on the Programs past activities, to solicit proposals and applications, and to approve the Fifth Cycle Target Protection Areas (TPA) mailing strategy. (Len Price, Administrator, Administrative Services) H. Recommendation to enter into a supplemental agreement with the South Florida Water Management District (SFWMD) related to a September 23, 2003 agreement that conveys or causes to be conveyed at no cost to Collier County fee simple interest to 640 contiguous acres, more or less, for Off Highway Vehicle (OHV) Use and approve any and all budget amendments deemed necessary in association with this action. (Marla Ramsey, Administrator, Public Services) I. This item to be heard at 9:00 a.m. Recommendation to approve the Interlocal Agreements between Collier County and the City of Naples, City of Marco, East Naples, and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. J. Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants at an estimated cost of $90,000. (Marla Ramsey, Administrator, Public Services) [Item of Interest-Commissioner Henning] K. To seek Board direction on the acquisition of a parcel of property owned by the City of Marco Island as a result of a follow-up discussion with the City of Marco Island. (Project No. 60001) L. Recommendation to accept and approve a 2005 Disaster Recovery Subgrant Agreement between the Department of Community Affairs and Collier County for $2,339,882 and an associated budget amendment to implement the Disaster Recovery Initiative programs, and to adopt a Resolution approving and authorizing the Chairman to sign the Agreement, and to delegate to the County Manager or his designee the authority to submit required reports or other documents which are solely ministerial in nature. (Marla Ramsey, Administrator, Public Services) M. Recommendation that the Board of County Commissioners Adopt a Resolution Declaring a Valid Public Purpose for Accepting Voluntary Donations Made Directly to the County for Affordable-Workforce Housing, Establishing an Affordable-Workforce Housing Trust Fund and Providing General Guidelines for Use of Monies in the Affordable-Workforce Housing Trust Fund. (Marla Ramsey, Administrator, Public Services) N. Recommendation to sign the formal Hazard Mitigation Grant Program (HMGP) application for $1,639,225 in HMGP funds to be used towards the construction of the new Collier County Emergency Operations Center (EOC) O. Recommendation to approve budget amendments recognizing the Fiscal Year 2007-08 U.S. Department of Housing and Urban Development (HUD) entitlement funding, and State Housing Initiatives Partnership Program (SHIP) allocations. ($7,173,560) P. Providing requested information about potential for contributing $500,000 from Conservation Collier funds to assist the City of Naples in building trail and bridge on City-owned land as part of the Gordon River Greenway. 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. That the Board of County Commissioners consider the results of the survey of Goodland residents and determine whether or not to proceed with proposed amendments to the Goodland Zoning Overlay as well as the creation of a Goodland Advisory Board. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 4:30 p.m. Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 from FY07 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. (Companion item to the Board of County Commissioners budget amendment approval under 10B to be considered before 10B) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Arezzo at Tuscany Reserve. 2. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Silver Lakes Phase Two.G 3. To accept final and unconditional conveyance of the water facility for Forest Glen, Parcel 7. 4. To accept final and unconditional conveyance of the water facility for Forest Glen, Parcel 4 5. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Unit One, the roadway and drainage improvements will be privately maintained. 6. 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 Summit Place in Naples, Phase I, the roadway and drainage improvements will be privately maintained. 7. To accept final and unconditional conveyance of the water facility for Foxfire Club Expansion. 8. Recommendation to approve final acceptance of the water and sewer utility for Milano, Phase 1A. 9. Recommendation to approve final acceptance of the water and sewer utility facilities for Milano, Phase 2A. 10. Recommendation to accept a Proposed Settlement Agreement providing for Compromise and Release of Lien in the Code Enforcement Action entitled Collier County v. James Keiser and Southern Exposure of Naples, Inc., Case No. CEB 98-005. 11. Recommendation to approve a Release and Satisfaction of Code Enforcement Lien for payment received. B. TRANSPORTATION SERVICES 1. Recommendation to approve the Collier Metropolitan Planning Organizations (MPO) Operating Budget for FY 2007/08, including $10,221 County match for Federal Highway Administration Planning and Federal Transit Administration Section 5303 grants. 2. Recommendation that the Board of County Commissioners approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement (LAP) with the Florida Department of Transportation (FDOT) in which Collier County would be reimbursed up to $306,205 of the total estimated cost of $420,000 for the design, construction, engineering and inspection of intersection improvements at the intersection of 111th (Bluebill) and 8th Street. 3. Recommendation to approve a Resolution of the Collier County Board of County Commissioners (BCC) authorizing the submission of the Transportation Disadvantaged Trust Fund TripiEquipment Grant Application with the Florida Commission for the Transportation Disadvantaged (CTD). ($608,398) 4. Recommendation to approve the purchase of two fixed-route buses as scheduled replacements to be operated by Collier Area Transit. ($648,652) 5. Recommendation to approve the submission of the attached Florida Department of Transportation (FDOT) Public Transit Service Development Grant project proposal request for 100% grant funding in the amount of $816,512. 6. Approve a Budget Amendment recognizing an additional $993,198 in Federal Transit Administration Grant Section 5307 funds for Fiscal Year 06/07. 7. Recommendation to approve the purchase of 2.90 acres of improved property required for road right of way for the Vanderbilt Beach Road extension project. Project No. 60168 (fiscal impact: $723,148.50). 8. Recommendation for the Board of County Commissioners to direct the Road and Bridge Department of the Transportation Division to spray herbicide on vegetation in the bottom of a swaleicanal/ditch that drains approximately 1000 acre basin that includes The Boyne South PUD, a portion of US 41, and some agricultural property north and south of US 41. ($2,500) 9. Recommendation to approve Change Order No.1 to Professional Service Agreement No. 05- 3865 in the amount of $503,793 with CH2MHILL, Inc., for the design of Collier Boulevard Road Improvements from Golden Gate Boulevard to Golden Gate Main Canal, Project No. 68056. C. PUBLIC UTILITIES 1. Recommendation to approve two Budget Amendments in the total amount of $107,101 to reallocate budgeted FY07 personnel costs from the Public Utilities Engineering Cost Center and transfer budgeted FY07 personnel costs from the Solid Waste Disposal Scale House Operations Cost Center to reflect the two FTE transfers in this fiscal year to the Financial Operations Cost Center. 2. Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. 3. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the county has received payment and said Liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 4. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. 5. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $60.00 to record the Satisfactions of Lien. 6. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. 7. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $80.00 to record the Satisfactions of Lien. 8. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. 9. Recommendation to reaffirm the use of Ashbritl Environmental Inc. (Contract 05-3661) and Solid Resource Inc. (Contract 05-3831) as the County's 2007 Hurricane Season debris removal and monitoring contractors for operational readiness. 10. Recommendation to accept Rights of Entry required for the replacement and rehabilitation of the water distribution system serving the Dalton and Cypress Mobile Home Parks on Auto Ranch Road at a recording cost not to exceed $1,000, Project 710101. D. PUBLIC SERVICES 1. Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Ethel D. Warren (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 100 Independence Phase II, Immokalee. 2. Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Marie Dume (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 7 Trail Ridge. 3. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jeannine Mathurin (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 97 Independence Phase II, Immokalee. 4. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Amy Cantu (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 79 Independence Phase II, Immokalee. 5. Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Marie Mathurin (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 147 Trail Ridge. 6. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Cirilo Sanchez and Benigna Trejo (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 89 Independence Phase II, Immokalee. 7. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Madai Avalos (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 196 Trail Ridge. 8. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Raudel Salazar and Maria Salazar (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 129 Independence Phase II, Immokalee. 9. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mireya Escobedo (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 98 Trail Ridge. 10. Recommendation to approve a Lease Agreement with the School District of Collier County for the continued use of property adjacent to East Naples Community Park with no annual cost. 11. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Silvia Aguilar (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 81 Independence Phase II, Immokalee. 12. Recommendation to approve submission of the 2007 Continuum of Care (CoC) Homeless Assistance Consolidated Grant Application to the United States Department of Housing and Urban Development (HUD), and authorize the Chairman to sign the application on behalf of Collier County and the Board of County Commissioners. ($443,645) 13. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with George Pierre and Remercile Giles (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Pearce Subdivision Block 2 Lot 18, Immokalee. E. ADMINISTRATIVE SERVICES 1. Recommendation to award Bid #No. 07-4110 On-Call Roofing Contractor Services to Crowther Roofing and Sheet Metal of Florida, Inc. as primary, Advanced Roofing, Inc. as secondary Gulf Western Roofing and Sheet Metal, Inc. as the third vendor for Roofing Services. (annual cost estimate $600,000) 2. Recommendation to award RFP #07-4101 Annual Contract for ADA Surveying and ADA Specific Architectural Design to CH2MHILL to provide accessibility surveys, create a County ADA Master Plan/Transition Plan, providing programming, program verification, conceptual and schematic designs and overall ADA design and planning consultation services. ($100,000) 3. Recommendation to accept the after-the-fact approval by the County Manager of a Capability Survey requested by the District School Board of Collier County that supports the School Districts Grant Application for the Toyota Family Literacy Program (TFLP). 4. Recommendation to approve an Agreement for Sale and Purchase with William C. Scherer and Irene K. Scherer for 80.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $548,000. 5. To approve a price adjustment under contract 05-3796 - "Traffic Sign Materials and Related Items" 6. Recommendation to approve an Agreement for Sale and Purchase with James L. Price, Jr. for 20.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $141,200. 7. Recommendation to approve an Agreement for Sale and Purchase with Thomas J. Connolly, Successor Trustee under the Edward L. Connolly, Jr. Revocable Trust Agreement, dated June 16, 1993 for 70.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $480,200. 8. Recommendation to approve an Agreement for Sale and Purchase with Ralph A. Calo and Barbara Calo for 40.00 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $276,700. 9. Recommendation to approve an Agreement for Sale and Purchase with Robert Reed Rivers, Jr. and Karl Lewis Predmore for 19.54 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $139,500. 10. Recommendation to approve an amendment to the Collier County Driver Education Grant Program. 11. Recommendation to approve Amendment No. 02 to the Agreement with Collier County District School Board for the Driver Education Grant Program. 12. Recommendation to award RFP #No. 07-4100 Air Filtration Services to Kleen Air Research, Inc. in an estimated annual amount of $153,000.00 F. COUNTY MANAGER 1. Recommendation to approve Memorandum of Understanding for County emergencies between Collier County and Emmanuel Lutheran Church of Collier County. 2. Recommendation to approve an amendment to the Certificate of Public Convenience and Necessity for NCH Healthcare System for non-emergency ambulance service. 3. Recommendation to approve the after-the-fact submittal of the attached Assistance to Firefighters Grant application to the Federal Emergency Management Agency for the installation of powered computer mounting systems, including docking stations, to provide Mobile Data Terminal capability in Emergency Medical Services ambulances and command vehicles for a total of $61,200. 4. Recommendation to approve the outsourcing of Emergency Medical Services (EMS) billing functions to Automated Data Processing, Inc. (ADPI) by piggybacking on the Seminole County Agreement #RFP-0780-05/TRJ for an estimated additional cost of $273,019 in FY 08, resulting in a projected increase in gross revenues of $1 ,296,270 in FY08 (the first full year of implementation). 5. Recommendation to approve Memorandum of Understanding for County emergencies between Collier County and Moorings Presbyterian Church of Collier County. 6. Authorize a budget amendment of $231,000.00 from reserves to the Department of Emergency Management to support the purchase of seven (7) portable generators from Godwin Pumps of America under bid number (063953) to improve the disaster response capability for Collier County. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. ($8,000) 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 $110,250.00 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 4005 Harvest Court, Naples, FI 34112 3. 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 $110,250.00 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3991 Harvest Court, Naples, FL 34112 4. 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 eRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $114,500 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3979 Harvest Court, Naples, FL 34112. 5. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3032 Van Buren Avenue. 6. Recommendation for the CRA Board to approve an agreement letter assigning the current lease for additional office space for Bayshore Gateway Triangle eRA operations to a new location within the same commercial building at no additional cost and authorize the eRA Chairman to sign. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Fifth Annual Tourism Week Celebration Luncheon on May 16, 2007 and is requesting reimbursement in the amount of $30.00, to be paid from his travel budget. 2. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Ave Maria Univeristy's Commencement Ceremonies and luncheon and is requesting reimbursement in the amount of $12.00, to be paid from his travel budget. 3. Proclamation to designate May 25, 2007 as National Missing Children's Day to encourage all community members to teach a child important, possibly life-saving, safety tips as part of the continuing efforts in Collier County to prevent abduction and sexual exploitation of children. To be mailed to Ms. Kathleen Curatolo, Executive Director, National Center for Missing and Exploited Children, Collier County. 4. Proclamation designating May 20 - May 26, 2007 as Collier County Emergency Medical Services Week. To be sent to Jeff Page, Chief, Collier County EMS. 5. Proclamation to designate May 2007 as Mental Health Awareness Month. To be sent to Ms. Petra Jones, Executive Director, The Mental Health Association of Southwest Florida. 6. Proclamation designating May 21, 2007 to May 25, 2007 as Immokalee Foundation Week. To be mailed to the Immokalee Foundation. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of April 28, 2007 through May 04, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of May 05, 2007 through May 11, 2007 and for submission into the official records of the board. 3. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Fiscal Year 2008 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and designate the Sheriff as the Official Applicant, Sheriff's office staff as Grant Financial and Program Managers, approve the Grant Application when completed, and authorize acceptance of awards and associated budget amendments. 4. Recommend that the Board of County Commissioners designate the Sheriff as the Official Fiscal Year 2007 applicant and program point-of-contact for the United States Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program, accept the Grant when awarded, and approve applicable budget amendments. 5. Recommendation to approve a Resolution between the Board of County Commissioners and Embarq Telephone Company of Florida. 6. Report to the Board of County Commissioners regarding the disposition of assets no longer deemed to serve a useful function or to have a commercial value. K. COUNTY ATTORNEY 1. Recommendation to approve the Offer of Judgment in the amount of $32,100 as to Parcel 163 in the lawsuit styled Collier County v. Thomas F. Salzmann, et al., Case No. 03-2550-CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $7,446.00) 2. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $165,000.00 for the acquisition of Parcels 112 and 712 in the lawsuit styled Collier County v. Raymond A. McCauley, et al., Case No. 05-0633-CA (County Road 951 Project No. 65061). (Fiscal Impact: $104,600.00) 3. Recommendation to Approve an Amended Stipulated Final Judgment as to Parcel 101 in the Lawsuit Styled Collier County v. Roberto Bollt, Successor Trustee, Under Land Trust Agreement dated 1/27/86, et al., Case No. 00-2433-CA (Randall Boulevardllmmokalee Road Intersection) Project #60171. (Fiscal Impact: None) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT-2007-AR-11489, disclaiming, renouncing, and vacating the Countys and the Publics interest in a portion of a combined Lake Maintenance Easement, Drainage Easement, and Irrigation Easement lying over Tract B, Prestwick Place, a subdivision as recorded in Plat Book 46, Pages 9 through 14 of the Public Records of Collier County, Florida, situated in Section 28, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described in Exhibit A. B. This item has been requested by the Petitioner to be continued to the June 12, 2007 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2006-AR-9458, Silver Strand III Partnership, represented by George L. Varnadoe, Esquire, of Cheffy, Passidomo, Wilson & Johnson, LLP and Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a conditional use for Rinker Concrete Plant at Silver Strand in the Rural Agricultural with an Mobile Home Overlay (A-MHO) Zoning District. The subject property, consisting of 14.74 acres, is located approximately 1,300 feet south of Stockade Road on the east side of Immokalee Road (CR 846), in Section 15, Township 47 South, Range 29 East, Immokalee, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-05-AR-8900, Richard D. Yovanovich representing Paul and Ruth Williams requesting approval of a Conditional Use (CU) for an existing stabling facility in the Agricultural (A) zoning district, as specified in Section 2.04.03 of the Collier County Land Development Code (LDC). D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2006-AR-11034 (NG) Naples Bridge Center, Inc., represented by Joss Nageon de Lestang, P.E., of Gulfshore Engineering, Inc., requesting a Conditional Use of Estates (E) zoning district pursuant to Table 2, Section 2.04.03 of the Land Development Code (LDC). The 2.5 acre Estate zoned site was originally approved under Conditional Use Resolution 94-424 on June 14, 1994, for a social organization consisting of a 3,500 square foot building and a parking lot of 83 parking spaces. The proposal is for an expansion to permit an additional 3,500 square feet of floor area and an additional 50 parking spaces. The subject property is located at 5865 Golden Gate Parkway, in Golden Gate Estates Unit 30, Section 29, Township 49 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING Mav 22. 2007 Continue Item 10M to June 12. 2007 BCC MeetinQ: Recommendation that the Board of County Commissioners adopt a resolution declaring a valid public purpose for accepting voluntary donations made directly to the County for Affordable-Workforce Housing, establishing an Affordable-Workforce Housing Trust Fund and providing general guidelines for use of monies in the Affordable-Workforce Housing Trust Fund. (County Attorney's request) Item 10P: The "Legal Consideration" section was omitted from the Executive Summary of this item. Copies of the corrected Executive Summary have been distributed and made available for review. (Staff's request.) Add Item 12B: This item to be heard at 12:00 Noon. Notice of Closed Attorney-Client Session. Settlement negotiations and strategy relating to litigation expenditures in the pending litigation case of William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06-432- CA, now pending in the Twentieth Judicial Circuit in and for Collier County. (Staff's request.) Add item 12C: Board of County Commissioners to provide action/direction to the Office of the County Attorney as to any Settlement Negotiations and Strategy Relating to Litigation Expenditures in William Litsinger v. Collier County, F/orida and Fred Coyle, individually, Case No. 06-432-CA, now pending in the Twentieth Judicial Circuit and in and for Collier County, Florida. (Staff's request.) Move 16A11 to 10Q: Recommendation to approve a Release and Satisfaction of Code Enforcement Lien for payment received. (Commissioner Coletta's request) Note: Item 10E: Page 4 of 18 of the Executive Summary. Under Program Qualifications, third paragraph, sentence should read: This parcel is owned by CSX, a national railway line and leased to a local railroad company. (The company name was originally entered as CVX). Item 10H: The last sentence of Paragraph 5 of the Supplemental Agreement will be amended to read: "If no objection is made, District, at no cost to the COUNTY. shall convey title to COUNTY to the Lake Trafford site by Quitclaim Deed." Paragraph 3 of the lease to be attached as Exhibit B to the Supplemental Agreement has recently been modified by Alico to read:"LESSEE shall provide, or cause to be provided, on sit management during all times that the Premises is open for public ATV use, includinQ a Qatekeeper stationed at the Qate to be constructed at the public entrance to the premises and another Qatekeeper stationed at the existinQ Qate alonQ the boundary line between the Premises and LESSOR's adiacent propertv. The Countv's on site manaQers shall be equipped with a fire extinQuisher and a shovel for use as a first line of defense in the event fire threatens the Premises while thev are on the site. The emerQencv telephone numbers for the local fire department and emerQencv medical response unit. the Collier Countv Sheriffs Department and the Alico Fire ManaQement officers shall be posted at the Qatekeepers' stations. In addition. . . Use. No fuel shall be bOUQht. sold or stored on the Premises. " A copy of the lease will be available at the presentation of this item. Time Certain Items: Item 101 to be heard at 9:00 a.m.: Recommendation to approve the Interlocal Agreements between Collier County and the City of Naples, City of Marco, East Naples and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. Item 10A to be heard at 4:00 p.m. Recommendation that the Board of County Commissioners accept the findings of the report entitled "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate the changes to the indexing methodologies and corresponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting(s). Item 14A to be heard at 4:30 p.m. prior to companion Item 10B: Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 from FY07 Fund 186 reseryes to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. Item 10B to be heard at 4:30 p.m., followinQ companion item 14A: Recommendation that the Collier County Board of County Commissioners (BCC) approve a budget amendment totaling $250,000 from FY07 Fund 186 reseryes to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. ~- Item Number: Item Summary: Meeting Date: Page 1 of I Aqenda Ih"m NCL 5A May 22. 2CJ,J7 Pi:;j8 1 of 1 COLLIER COUNTY 80i'::O:)F COUIHV C~)Mrv1ISSI0NERS 5.'" F'kSf''lt Illun I-,y J()h,': I ~;rre LJ' r,c()r '~olT1"",uni:;a\l[ln'; and CJ,,:orneT F:eatis'ls [';1 lil'" :'J07 '-'tl:en',L1I'ey 5/2;/;C07DG'X:/'.P>'I (hte Approved By Jarne~ V. Mudd EloardofCounty Commissioners Co~mty Mlln;:,gcr C('"my Man"gen. (JffJce ~!10!2007\U5I-\M ~- l\genda item i\lo. SA f\'1ay 22, 2007 Page 1 of 11 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners adopt an ordinance consenting to the exercise by the Board of Supervisors of Artesia Naples Community Development District of certain additional powers relating to public improvements and community facilities OBJECTIVE: That the Collier County Board of County Commissioners (BCC) adopt an ordinance consenting to the exercise of additional powers by the Board of Supervisors of the Artesia Naples Community Development District (Artesia Naples CDD) pursuant to Section 190.012(2)(d), Florida Statutes, relating to public improvements and community facilities. CONSIDERATIONS: On June 20, 2006, the BCC adopted Ordinance No. 2006-33, establishing the Artesia Naples CDD as a Community Development District within the meaning of Chapter 190, Florida Statutes. Section 190.012, Florida Statutes, provides COll1ll1unity Development Districts with special powers reIating to public improvements and community facilities, subject to the regulatory jurisdiction and permitting authOlity of all applicable governmental bodies, agencies, and special districts having authority with respect to any area included within the district. The Board of Supervisors of the Artesia Naples CDD, by resolution, is requesting that the BCC consent to its exercise of the additional powers specified in Section ] 90.012(2)( d), Florida Statutes, in order to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars. FISCAL IMPACT: There is no fiscal impact as all costs associated with the increased security will be funded by the Artesia Naples CDD. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This ordinance is authorized by Section 190.0l2(2)(d), Florida Statutes, and was prepared by the County Attorney's Office - JAK. STAFF RECOMMENDATION: That the BCC adopt the proposed ordinance authorizing the Artesia Naples COD's Board of Supervisors to exercise its additional powers pursuant to Section 19C1.O 12(2)( d), Florida Statutes. PREPARED BY: Marcia R. Kendall, Senior Planner, Comprehensive Planning DepaJiment Item Number; Item Summary; Meeting Date: Page] of 1 ACJLn'Ja li'"mNc.!JA " 2).2UJ7 20111 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS T~\Is IterTl requires that all parriCipant" b(i sworn In 811d 101 pfln~ disclosurE;' be provide(j by ,;OrnnlISslor. n1ernbers .I>.JI Ordil-,an8E' '-vqllestl~lg Clllih(Jriu.llior. for F,rtesia Nat')les Cornmunlty DevsiQp'nei1! [JlstriG~ Boarr1 oj Supervisors to 8X8rC;!Se certam additIOnal fJOW8rs fo' CH50rJ5 find PrDperty reSiding 111 tI,(: }\rtesl<J Naplb Ccmnumty Cievf':1 Jpmel1t [!I51'ict (::DDi 5.'22,';J007 qOO O:):,M P,anner Date Prcparl'll By Marcia Kendall Cammlln;ty [Jevelopmen: & Env;ronmentaIService!> Comprehensive Planning 5{1120072:54:33PM Approved Ry !\s~lstantCo<1nt\-,Alwm"'y Date Jeff Klatz~ow CO<1ntyAttomey County Attorney Office 511120072;57 PM Approved By Randall J Collen Community Oeyciopll1en: & Environmental Services CommllinlyPlann"'lg and Rc>dfivelor'mcnt Manager Date Gomprel'enS'VBPlannln,J 512;ZOO;'llH.AM Approved Uy f:xecutiv<:Sccretary Date Marienc: Stewart Community Dell",lopmenl & ErwironmcnlalScrvices ComrT1\Jll:tl' Development & EnvironmentalService&Admin 5/21200712:31 PM OpcratiorlS Anal~/~t Dale Approvell By Judjl Puig Community [lDvelopmon: & E!wironmt'nlaIServices c.ommUPl;ty Development & !::nvironmCnli1! Services Admin 5/2Jl007 12:5& PM Approved By JosephY-. Schrn;t\ Comnl\Jnity De',eklpment & ErlVironmo"taIServ,ces Community DevlOlopnwrll & Environmenlal Services Admin&trator u,ite CO"'l11u";ly Deveiopment & Environmental 5<Jrvice<. kdmin 5/212G07 e'lS PM OMBCoordl!lalOr fHiministrativrA~s;s!:Hlt Date Approved By Count\' M,-iI1agm's Office Offl(:~ of M"r."gem8"~ I> Budgel 5i4/20078'48AM AplHo\'e1l8y MJr~ l~acl<50n C(}untyMan,i\wr'~ Office Budget An..,ysl Date Off,ceof Man,1gerTIr:nl.& Budget 5!8/2(1)79[il AM -i,.mes V. MlJ<W :::;ounty Manager Date Appro\'edBy Boa_dotCou,,!)' Ccmm,ssioners ::::cunt\, MarH'fler's Office 5"1',;200710,26 ':'M ORDINANCE NO. 2007-_ Agenda Item No. 8A May 22. 2007 Page 3 of 11 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, F'LORIDA, CONSENTING TO THE EXERCISE BY THE BOARD OF SUPERVISORS OF ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT OF CERTAIN ADIJITIONAL POWERS RELATING TO PUBLIC IMPROVEMENTS AND COMMUNITY FACILITIES. WHEREAS, on June 20, 2006. the Board of County Commissioners of Collier County (Board), adopted Ordinance No. 2006~33, establishing the Artcsia Naples Community Development District (District) as a community development district within the meaning of Chapter 190, Florida Statutes; :md WHEREAS, pursuant to Section 190.0]2, Florida Statutes, community development districts have special powers relating to public improvements and community facilities subject to the regulatory jurisdiction and remitting authority of all applicable governmental hodies, agencies, and special districts having authority with respect to any area included within the dlstrict; and WHEREAS, hy Resolution No. 2007-4, dated Fehruary 13. 2007. a copy of which is attached hereto, the Board of Supervisors of the Districl requested the Board to consent to the exercise hy the District of cCI1ain additional powers specIfied in Section 190.012(2)(d), Florida Statutes, in order to plan, eqahIish. acquire. construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for security, including, hut no! limited to, guardhouses, fences and gelles. electronic inrrusion-detection systems, and patrol cars; and \VHEREAS, lhe Board acknowledges the District's desire to exercise the special powers set forth in Section 190.0J2(2)(d), Florida Statutes, and that these improvements and additions will he funded solely from the District's hudget. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU"lTY, FLORIDA. that: The Board hereby consents to the exercise hy the Board of Supervisors of the District of the special powers set forth in Section 190JJ12(2Hd), FloridJ Statutes, to plan, est;Jblish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and fncilitics for security, including, hut n01 limited to. guardhouses, fences and gates, electronic imrusioll-detectioll systems, and patrol cars, provided however thaI the District may not exercise any police power, hUl may conlract with the appropriate local genera] purpose government agencies for an increased level of slIch services within the District boundaries. PASSED AND DULY ADOPTED hy the Board of County Commissioners of Collier County, F]orida, this ~ UClY of __~_~' 2007, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: . Deputy Clerk By: JAMES COLETTA. CHAIRMAN Approved as to fonll and h~al .'ufficif~C '; I': qli !!! .' .rerf;:('~ l. Klatz~(hv .\bna';fIl1g "\SSlSI,~lt County Attorney Agenda Item I~o. SA May 22, 2007 Page 4 of 11 RESOLUTION NO. 2007-..:L A RESOLUTION OF ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOlUDA TO GRANT THE DISTRICT CERTAIN ADDITIONAL POWERS PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT: SECTION 1. AUTHORITY FOR TIllS RESOLUTION. The Board of Supervisors (the "Board") of Artesia Naples Community Development District (the "District") is authorized to adopt this Resolution under the authority granted by the provisions of Chapter 190, Florida Statutes, as amended, its Charter (Ordinance No. 2006-33 adopted by the Board of County Commissioners of Collier County, Florida on June 20, 2006, (hereinafter, the "Ordinance") and other applicable provisions oflaw (collectively, the "Act"). SECTION 2. FINDINGS. A. Pursuant to the Ordinance, Collier County established Artesia Naples Community Development District (the "District") as a community development district within the meaning of Chapter 190, Florida Statutes. B. The Board of Supervisors of the Distlict now desires to adopt this resolution requesting the Board of County Commissioners of Collier County to consent by ordinance or resolution to the exercise by the District of certain additional powers specified in Section ] 90.012(2)(d), Florida Statutes and to submit such resolution to Collier County. SECTION 3. REQUEST FOR ADDITIONAL POWERS. The District hereby requests the Board of County Commissioners of Collier County to consent by ordinance or resolution to the exercise by the Board of Supervisors of the District pursuant to Section 190,OI2(2)(d), Florida Statutes of the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and faci1itics for security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systcms, and patrol cars, when authorized by proper govemmental agencies; provided, however that the District may not exercise any police power, but may contract with the appropriate local general purpose govemment agencies for an increased level of such services within the District's boundaries. The District's General Counsel and Bond Counsel are each hereby authorized to submit this resolution to Collier County. 1 Agenda !i8m !\!o. SA [\'';8Y 22. 2007 Page 5 of 11 SECTION 4. SEVERABILITY, Should any sentence, section, clause, part or provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Resolution as a whole, or any part thereof, other than tbe pali declared invalid. SECTION 5. upon its adoption. EFFECTIVE DATE. This Resolution shall be effective immediately PASSED AND ADOPTED at a meeting of the Board of Supervisors of Artesia Naples Conu11Unity Development District this ---L"'" day of February, 2007. Attest: ARTESIA NAPLES COMMUNITY DEVELOPMENT DISTRICT f/J )t~~ X:0~<vf ChainnanNiec-Chainnan S".c;r"g",Clj..n f'ddw"ArI..i. N'pit" CIlLhS<<:uril;'.1"RCDD Re,,,I"HO" r<q"csLi'I~ "ddiLi~,,": po.'....er<.Ll0C 2 Agenda Item No. ,SA May 22, 2007 Page 6 of 11 Statement of Estimated Regulatory Costs Proposed Amended Ordinance to the Artesia Naples Community Development District providing for the additional powers pursuant to Chapter 190.012(2)( d), Florida Statutes. Purpose The purpose of this Statement is to identify the economic impacts of the adoption of the Proposed Amended Ordinance to the Artesia Naples Community Development District providing for the additional powers pursuant to Chapter 190.012(2)(d), Florida Statutes. This Statement of Estimated Regulatory Costs is prepared in accordance with the requircments of Chaptcr 120.541, Florida Statutes. 1.0 A good faith estimate of the number of individuals and entitjes likely to be required to comply with the amended ordinance, together with a general description of the types of individuals likely to be affected by the amended ordinance. The principal entities that are likely 10 be required to comply Veith the ordinance include the District, the State of Florida, the County and the master property owners' association. In addition, existing and fitture homeo'oCners and their visitors and guests in the Artesia Naples community will also be affected by the amended ordinance. The Arlesia Naples community is expected to contain 725 residential units when completed 2.0 Good Faith estimate of the cost to State and local government entities, of implementing and enforcing the proposcd amended ordinance, and any anticipated effects on State and local revenues. There 'oCill be no additional costs to the State or local government, since the Artesia Naples CDD already has been established by prior ordinance. The amended ordinance provides jilr additional powers only whieh will not add to the costs oflhe State or local government for implemel1ling same, exceptji)r the County's costs 10 review and adopt the petition. which costs have either been pre-paid or Ihe direct cost re-imbursed by the petir;ollcr. The amended ordinance which provides jilr expanded powers for the District will not have any effect on State and local revenues, e.xcept to the extent that the Dislrict purchases goods and services which may be exemptfi'om the State:, sales tax and to the extent that any (if the District's personal property is exempt ji-om Tangible Personal Property taxes. 11 Ie Distriet in implementing the additional powers will incur additional and recurring annual expenses to operale and maintain the facilities, equipment and services that could be provided by the additional powers. The District in order tofimd the additional cost will impose additional non ad-valorem assessments on the property owners within the District, however, these additional District revenues are ~aenda Item No. SA ~ May 22, 2007 Page 7 of 11 expected to be offi'et by corresponding reductions in expenses and assessment revenues by the Artesia Naples Master Homem171Crs Associalion, the entit), current~v providingfor 5;imilar sell/ices to the property owner5; in the community. 3.0 A good faith estimate of the transactional costs likely 10 be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" arc direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the costs of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and costs of monitoring and reporting. TransactiQnal costs to the local gOl'l~rnmel1lal entities, ,\pec{fically Collier County. are discllssed in Item 2 ahOl'e and involve the rcvinv and adoption of the petition. These costs have either been prepaid or the direct costs re-imhursed hy the petitioner. Othenvise, there are no recurring transactional costs to local gOl'ermnental entilies. T7/e transactional costs to indil'iduals and emities will apply on~v to the property mmers within the boundaries of the Artesia Naples CDD and anvfacilities or sen'ices which the District provides pursuant to the additional powers will be included in the annual non- ad-valorem assessments. T7/e additional powers granted to the Districl arc not likelv to require imposition (~rfi!ing.fces, licensing. additional equipment. operational cost requiremellts on the part o{individual\' or emilie.\'. In considering the transactional costs that may be paid bv those a/fecled b), the proposed bddilional pmvers granted to the Artesia Naples CDD, three points arc important: FilC\t, unlike most other situalions, IOO% oflhe costs that Hill befill1ded by the District Hill be incurred in any event. T7wt is because, if the District did not provide the facilities or senices, then either the Developer or /'.1asler Property OHners Association would pr01'ide thefacilities or sel"ices with those beneflled parties payingfi,,' those same facilities or services. Second, Slate Law requires that pro.\peclive property owners in the Artesia Naples comnnlllitv are disclosed Ihat the District exists and may impose assessments on the benefited property. Alld Ihird, the District must conduct its allnual budget approval and adoption process in open, publicly advertised meeting and provide for comment and illPUtfJYJl11 the public. 2 4.0 An analysis ofthe impact on small businesses as defined by s.288.703, and an analysis of the impact on small counties and small cities as defined by s.120.52. Approval of the petitiollfor additiollalpowers(r,,' the Artesia Naples Community Development District will have only incidel1lal impacl on small businesses, and it is positive. 771e District mus'! operate according to FI()rid(/~~' "slfnshine" la11's and the Districtmust(rJ[[ow the competitive hids requiremel1ls of chapter 19(J.()33filr the goods and senices it 'Hill purchase. As a result, small businesses may he belieI' able to compete filr District business. Agenda Item No. 8.'1 May 22. 2007 Page 8 of 11 Florida Statutes defines "small county" as a population 0/75, 000 persons or less, therejiJl-e Collier County is not a small county by definition. 5.0 Any additional information that the agency determines may be useful. There is no additional information. SERC-Expand('d Powers. doc 3 4.genda item No. SA iAGY 22, 2007 Page 9 of 11 GOODLETTE COLEMAN & JOHNSON, P .A. A TTORNEYS AT LAW Kevin G. Coleman NOlihem Trust Bank Building Linda C. Brinkman 1. Dudley Goodlette 400] Tamiami Trail North Stephen C. Pierce Kenneth R. Johnson Suite 300 Gregory L Urbancic Richard D. Yovanovich Naples, Fl341 03 WilliamM. Burke Edmond E. Koester 239-435-3535 Craig D. Grider 239-435-121 R Facsimile Matthew L. Grabinski Matthew R. Gallc)\vay Marthev-.' M. Jackson Alex R. Figares Jeffrey J. Beihoff writer's e-mail address: Kevin L. Dees gurbancicrCl'!.!cilaw.com April 4, 2007 Marcia R. Kendall, Planner Comprehensive Planning Department Collier County Govemment Center 330] Ta111iami Trail, East Hannon Tumer Building, 8th Floor Naples, Florida 34 112 Re: Artesia ]\"apJes Communit), Development District Request for Additional Powers l'nder Section 190.012(2)(d) Dear Marcia: Our film serves as legal counsel to the Artcsia Naples Community Development District (the "District"). The District \\'as established by Ordinance 2006-33, enacted by the Board of County Commissioners of Collier County, Florida on June 20. 2006. The Board of Supervisors of the District has requested that our office pursue the consent from the Board of County Commissioners for the District to exercise the additional powers listed undcr Section 190.0 J 2(2)(d), Florida Statutes. The powers under said statutory section include the authority for the District to plan. establish, acquire, construct or reconstruct. enlarge or extend. equip, operate and maintain additional systems and facilities for security. Enclosed with this correspondence are the following items relating to this request: 1. A copy of Resolution 2007-04 ufthe District's Board of Supervisors formally requesting that the Board of County Commissioners consent to the exercise of these additional powers by the District. 2. A Statement of Estimated Regulatory Costs relating to the request. 3. Check #l 6 in the amount of52705.00 payable to the Board of County Commissioners 10 cover the application fee and advertising costs. Agenda Item No. SA May 22. 2007 Page 10 of 11 Marcia R. Kendall, Planner April 4, 2007 Page 2 of 2 After your review of the foregoing. please contact me if you have any questions. I would be happy to meet with you to discuss this matter to address any concerns you might have. r--Ir--I Gregory L. Urbancic For the Finn Enclosures cc: Neil Dorrill, District Manager David Caldwell, WCI Communities, Inc. -------~".,,'---,--_..._-' l\qenda Item No. 8A - ~':ay 22,2007 Page 11 of 11 ,/ "':"'- -1'i~--1L!l_ j ~:-_J ~._rn"!'l ~:-i=- "'I 1 j: : ,.. ~" ,t:O.AlTRT <V.Ai ,tl'!" . il.Z.I.I~T,\q.. ~"I '\~~ r/ j j I 2. - ""'! - 'IV F / 'I ,I ''''J' 0>'S:"IiI ;? ''\ II ::runr.'l ~ ~hC ,_ - . '! " t,r.t1l>~"r :;:1 Z.2. i, II ,'1!- .."'~ r' I ~ I 11"" 15 ! '" I : ~"';'''''." 27':!! ~l~ II ~~.I1P il'"/ I < ..... ,. f4.":lr-IA II~ ~ iillJ ... " l:te'ia a 1 5 II I I' .'~ \lje 't L cati J111 I' . I' , I' , , ,!. I !' r .., ./1 r,~ t I " I" .. II ~-i~""""--'~~~--- - -. ---f il;;' ,1-~~Ar~~64~JJ, /i2'J '0 II 11 i:':~; I . II ~~, !RiSEI.P.f:l{ RESERJ'./( PI" ! II: \.. ~~ ~-J r'-~ tC---II~-1 -----/-.---11 I"~' Ii " ' "\J (...0> '1 ' i , ~\o . 11 I ,,-'" I ,. ,,'," ": " ,. _, ,,' " f..: \ \t:;;~-'I- --. - 2E [l...~~[,~~;~,~;.r\\ ,-T-.- , I ! \\.J\ ","!",-,,~~~/--, ~, 'LW' \\ZS~Ak:::p" " I ,':>.\ I ~i), I 1_:;72(; \~ J.-L/H!J ,I .% 1<\.\ 1 -:L . _.' .~. r " 11- \,,\\ "'.- -j;c';:'-"I'-~ I I ! I "" "~I i 'I, \1 J7 >~;l~j;I.~I~S J r';~ J.:)~" ,..,- ~ II i, \'1\ ~-;. \ :)' '-II .../.(f-~' 1l/1~~rl ("V'/:-r'~ "! /.,/.~/ '\~,~ ~J I " ;,.:.( ..'C~-t-l;O ~:'!: . ':.n._.~../{i-i ~ ~ : . i " _ f ",,:':.~ \J 1'~ ~:")'-i,' f ..'/r ,,1-,1 V } t '~y ~~ "--- ~ Sections .f and :"; Township 51 South; Range 26 Fast SITE 10C\ TlO" MAP ,A.genda Item No. SB May 22, 2007 Page 1 of 142 EXECUTIVE SUMMARY PUDZ-A-2005-AR-7422: Larry Abbo, as vice president of Prime Homes at Portofino Falls, Ltd., represented by David R. Underhill, Jr. of Banks Engineering and Robert D. Pritt of Roetzel & Andress, L.P.A.; and William L. Hoover, as president of Catalina Land Group Inc., who is represented by David R. Underhill, Jr., of Banks Engineering and Richard D. Yovanovicb of Goodlctte, Coleman and Johnson, P.A., are requesting a rezone from the Rural Agricultural (A) and Planued Unit Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning district, to add 20.26:10 acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.9610 acres and 671 dwelliug units, which may be single- or multi-family dwellings, and amend the PUD document and associated Master Plan. The applicant also proposes to reduce the maximnm height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. The subject property is located on the north side of Vanderbilt Beach Road, approximately one half mile west of Collier Boulevard in Section 34, Township 48 South, Range 26 East, Collier County, Florida. (This item is a companion to Falls of Portofino CDD) OBJECTIVE: ,_. To have the Board of County Commissioners (BCe) review staff's findings and. recommendations along with the recommendations of the Collier County Planning Commission (CCPe) regarding the above rcferenced PUD amendment petition and render a decision regarding the petition. CONSlDERA nONS: The petitioner is seeking an amendment of the Wolf Creek Planned Unit Development (PUD) that was approved in Ordinance No. 03-45, on September 23, 2003. This amendment would add a 20.26:10 acre site that is currently zoned Rural Agricultural as well as adding 80 dwelling units to the Wolf Creek RPUD for a total of 671 dwelling units on a total of 167.96:10 acres. The petitioner proposes to allow single- or multi-family dwellings, and to revise the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum zoned height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. 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 pennits 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 Gro",oth Management Plan as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to Grey Oaks PUD, PUDA-2006-10157 Executive Summary for April 24, 2007 BCC Page 1 of 6 Agenda Item No, 83 May 22, 2007 Page 2 of 142 meet the requirements of concurrency management, the developer of every loeal development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly related to the value of improvements. Please note that the inclusion of impact fees and taxes collected are for informational purposes only; they are nol 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 on the Future Land Use Map of the Gro"''lh Management Plan. This district is intended to accommodate a variety of residential and non-residential uses, including Planned Unit Developments. The Subdistrict permits a variety of residential unit types at a base density of 4 dwelling units per acre (DU/A) and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable, Therefore the site is eligible for 4 DU/ A. The requested density is 3.99 DU/ A. Comprehensive Planning staff has evaluated this petition relative to other policies of the GMP. For details, please refer to the Staff Report prepared for the Collier County Planning Commission. Transportation Element: Transportation Planning Department staff has reviewed this project based on the current TIS guidelines and with respect to the Collier County Gro\\'lh Management Plan TranspOl'lation Element and has detennined that the project is consistent with the Transportation Element, offering the following comment: The Wolf Creek PUD can be considered consistent with Policv 5.1 of the Tramportation Element of the Growth Management Plan [GMPj. Improvements to the adjacent roadway network are currentlv under construclion, Couuty Road 951 improvements to a "'ix-lane configuration is scheduled fiJl- completion in the first quarter of 2009 'when the roadway is planned to have a remaining capacity of approximately 1200 trips, and is projected to be at a LOS "C", Vanderbilt Beach Road improvements are scheduledfor completion in the first quarter of 2008, and that roadway will have a projected remaining capacity of approximalely 2,600 trips with a LOS "B ", 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 Grey Oaks PUD, PUDA-2006-1 0157 Executive Summary for April 24, 2007 BCC Page 2 of 6 Agenda Item No. 88 i\1ay 22, 2007 Page 3 of 142 and policies of the overall GMP. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable- Workforce housing demands that it may create. ENVIRONMENTAL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council reviewed this petition as noted below. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Commission (EAC) heard this petition on March 7, 2007, and voted unanimously to approve it with the following stipulation contained in the EAC Staff Report to address Stornlwater Management concerns: "A modification of the existing SFWMD Environmental Resource Permit must be obtained prior to final County Development Order approval." The petitioner has added the stipulation to Section 5.9.1 of the PUD document. COLLIER COUNTY PLANNING COMMISSION (CCPe) RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on April 19, 2007; Commissioner Vigliotti made a motion that Commissioner Schiffer seconded to forward petition PUDZ-A-2005-AR-7422 to the BCC with a recommendation of approval by a vote of 8 to I subject to the following stipulation: Prior to the Board of County Commissioner's hearing, the PUD document shall be modified to address the following: I. Add the word "minimum" to Table I, Distance Between Structures [Staff has modified the PUD document to include the word "minimum" to all relevant portions of Table 1.]; and 2. Remove "1,000 Sq. Ft. for Fiber Optics Buildings" from Multi-family Minimum Floor Area in Table 1. [this has been removed.]; and 3. Clarify and correct the error in PUD Document Sections 3.4.8. and 5.9 regarding the minimum acreage of native vegetation that must be preserved on site [Staff has received clarification from the agent and County Environmental staff that the 32.51 acres is incorrect; 32.32 is the correct figure. The document has been revised to reflect the correct acreage]; and 4. Remove Sections 5.9.G-I of the PUD document because they are redundancies [Staff removed Section 5.9 items A-E and G-I because all sections were redundant; remaining sections were re-lettered.] and 5. The following limitation shall be added to Section 5.7 M; No building pernlits shall be issued for any of the additional 80 units approved in the 20 acres that is being added to this PUD until such time as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and Livingston Road, and CR 951 between Golden Gate Boulevard and Immokalee Road are substantially complete. [Staff has added this limitation as requested.] Grey Oaks PUD. PUDA-2006-10157 Executive Summary for April 24, 2007 BCC Page 3 of 6 "oenda Item 1"0, 88 .., May :22, 2007 Page 4 of 142 Commissioner Midney did not support the motion. Because the CCPC vote was not unanimous, this petition cannot be placed on the summary agenda. LEGAL CONSIDERATIONS: This is a site specific rezone to add 20ic acres zoned Rural Agriculture (A) to an already existing PUD, for a project known as Wolf Creek RPUD. Site Specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant to prove that the proposed rezone is consistent with all the criteria set forth below. The burden then shifts to the Board of County Commissioners (BCC), should it consider denying the rezone, to detennine that such denial would not be arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria below. Additionally, the applicant is amending some of the development standards including the removal of conditional uses and reducing the height. These proposals should also be reviewed utilizing any of the applicable criteria below. Criteria for pun Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or ltot. I. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense? Findings and rccommcndations of Ihis t)l'c shall hc madc only aftcr consultation with thc county attorncy. 3. Consider: Confonnity of the proposed PUD with the goals, objectives and policies of the growth management plan. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. "..,.~ 7. Consider: The ability of the subject property and of surrounding areas to accommodate expansion. Grey Oaks PUD. PUDA-2006-10157 Executive Summary for April 24, 2007 Bee Page 4 of 6 Agenda Item tJo. sa t!:ay 22,2007 Page 5 of 142 8. Consider: Confonnity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on detennination that such modifications are justified as meeting public pmposes to a degree at least equivalent to literal application of such regulations. 9. Will the proposed change be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan? 10. Will the proposed PUD Rezone be appropriate considering the existing land use pattern ? 11. Would the requested PUD Rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? 12. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with sumlUnding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or other",se affixt public safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely aflect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a gral1t of special privilege to an individual ovmer as contrasted with the public welfare. 21. Are there substantial reasons why the property cannot ("reasonably") be used m accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already pennitting such use. Grey Oaks PUD, PUDA-2006-10157 Executive Summary for April 24, 2007 Bee Page 5 of 6 Agenda Itern No. 88 May 22, 2007 Page 6 of 142 24. Consider: The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting from the proposed PUD rezone on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County grO\vth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.106, artJI], as amended. 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the Board of County Commissioners shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Exccutive Summary, maps, studies, lettcrs from interested persons and the oral testimony presented at the BCC hearing as thcse items relate to these criteria. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2005- AR-7422, PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review Grey Oaks PUD, PUDA-2006-10157 Executive Summary for April 24, 2007 Bee Page 6 of 6 Item Number: Item Summary: Meeting Date: Page 1 01'2 COLLIER COUNTY BOARD OF :::OUNTY cm..nv1lSSIQl\ERS dB :hi" :tr>rn 'rr~l,'r€S then all pa~tl<':;IPants be, ~,worn In arlrJ 81 fJart8 'Ji',C:O~;:JrE' be p;(Jvid,~,j by ~>n1rn";:,ioI1 "'8rnr,,,'rs Petltlun I)U[jZ-A-2ll0~,-A,p"-;4n (K[)i L,my i\t;bo, 9S ,:c.e presiJull 01 "wnc Horn",:; ill hrToh',o Fa:ls, :...td rppr';,Si'llle(: Ill' David R Un-Jerf'!111. ,Jr, 0' Ofm~s [:T~;r',~{;ri(l0 and r?,;'bert D Pritt (Jf Pot:ezel & .'lPdres~_' ~.f Ol1dV,iilllmnL Honver,as P"';< neTT 0' Catai,na Land C;r~,up inc ',','TL' IS rerYe,c'Tkd by Uii'ild r,. ltl1c1'Or~1i1i JI DI 3Cl:1k,~ E'1:JrnEelirn irTc) r~ichcn1 C, YC'/a'lo'oJ.C[', Df '::'0Uc!!Hl€, CUliHllcrl' 2nd JOi--,,1SCr:, F',A iye requesting <1 ,",:cone h'lm the R,;ra Agr'c.ulturall;'" dfld F'i"rl!1e~ U'Tit =,eveiopmenT ,YL:D) :conllVl :tstncb to !~Ie r\8sl,:jer'ti,,'I:>iar:nE';(j lhll ~)8v"l(;prnent (RF'UD': ;.()n;'1~; ~115111~~ ", ;-;da ::'0:'6 auf'S an" An j""ellln9 lm'b ;') 111E' I/voll Crt'N, F":'~~ID 101 D :ota! of 1(''-;' DC i1ue:: and 671 dw"I'''T~ un,IS w'<Ich '''cry Of' $"'Tgl&- O~ ':llP'--fnf11,iy (J'N81I,n:,:s, arid ami'rld Hv P;.JD dur;~rrWllt and a,;sQc,aT'i'd Ma5lH ~'Ian -~'HJ appl'c.ant alsn pmocses to red.JU', :rle '1l<mmurr: i)H]h~ 0; nrilll-Tamily sll'.,cwr(':i h)T 4::', fe(~: ,mu 3 ,IOrl"s \0 :;l! fes: and::- stories, ilno cL:nir;!]I" nursing ",ornes priviTlC s,::hoG's 8dul' hVIIl,: la,.I!:iI0S and chu'c:les as d':(Jwi;b'e con:litlcr-,81 L1ses :Ile SU!iject propHrty I, iOCiTle~ Oil 'hp 'W'irl SlUE; 0' V;mderbiP aHnet! Road 2ppr(!ilnI1Jtdy orl~' fult milE: wes: of Culller 8uuipv3nJ ,n Sect;on 34 ~,)W' ;r"p -1b Scu:ll, R:JI1gE ::'!" ,:ast '"~nlh~, ~~(JlInly "',w,da r:Compillllon ~iem I;,' trl" Fall" of e'ort0f;110 Commllllity [IHvpi"I',nwt Ddric, (CD[))) "21107'':;00 U;i,LM Date Prepllretl B}' K'lY Deselem, AICP Community Ot'vclopme,,1 & Env,rtlnmenlalSurviccs P"ncipalPlanner Zoning & Liltld ()"v~lopmen! Review 511f2007B;47:43PM Date Approved B}' Maden", Slrwart EXl'cutivf' Secretary 5!1120071223PM Allproved By Communltv uev('lopment & Communit;, Df'velopm,rnt & Envlrollmemnl Services E,-,vironmcntal S""vi"es Admin J,d,' FUlg Op"r~tj(Jns An"'vst Dole Allprun'd By C0""rl\Jnltv Devociopmenl & C"mmLlrtJ\~ De"elopnll'nt I>. EI1\lIrO'l'l'lCI1lJI S"r",~es Env,roill!1~'''tal S"".vicw, {\<im;n 512120071227 F'M Pily Ue!lowG COrlf<lIUrHty Dc 'ei'Jpmer,t & Envlrotll'lental S~r'J'ce~ CtTirJ("L'llner ,'int", 2nnmg 6. Land PL'velQpment F<<-,v,ew 5/2,';COD7 ",S,! 1-~M Dille Appro\'ed B~' SUbJn liurr<Jy,!.;ICP CO'l''1llln;trDnvewpmenl& f.nvironm"nI~i S~n'l"es lmHng Ii U"ld D{>v(!lOpm'~nt ,-'m,c\or ::,{lnlng& LanCDf'veiopmeflt Rr>view 5!31200711.46 ;IM Dam Approved By Nic~. CJs~I"r!\lu<(jtl Tnllll\portnlionSNv,ces Mf'O ["r"ctor TI'.JnsponatlQ)pi;ITl'''''fJ ~!4nO[}74:22PM D'ltf' Approved By Norm E, F.,tlcr.AICP Transpnrt<ltl'JIlServices T'~nSflortatlonD,,'is,onAdnllnls\rmor T"Jn5Wllt~I'onS'CrvicF,.Adl1<ln 51[;!2007 '40 PM AllprovcdBy JOSf,pllr.:SGhrnill Community (J(>v"iQpnl",.,:& Env;mnmcntaIS"fyicl's CommunityO"veloprnt'nt & Ellvlron,nema: Service" Adm"'~trator Date Comtllunit~' D"vewprn"nt& EllV,rOn'"",nt~: ""rv;c,,~: "'dmm $I1U'ltKI7115JAM [J~te AppruVl'd By M~r)Drie M_ Studen\--SUrhng Ass,,.,tan! C"unt,' "ttorney 511G120071::,25PM Allproved B)' CQuntyAttorney Ccuntr Attrmwy Clfficc OI,'ECoordinalor County Manager's Office AtlInln'Mr~\i\le AS5i!;umt D~te Olfic(' of M~n~gcm(!n\ & Budget 5!10:20072,14PM DUle Appr"vcdBy 1;13rk I~>"ckson 8'-'dgel Analysl C:>wnL' riJ""uer'~, Of Lee C)fflu'of '-'anitC"."",enl& 8ud('Jet 5111/2007 ~2' AM "I'pr"n.d By ,~u 'Ill'S V ,/0 " d u C:""C1tl' r~J""\Jer Dale Railrdd:;u,,',ty (~o"nt,. M.ln~'Jel ,~ O';,ce 5!11,'2007 2:1~ PM :-lJrllrr'I~";;"''''rs Agenda Item No. 88 May 22, 2007 Page 9 of 142 ~". Cotl.ler County - '-~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: APRIL 19, 2007 SUBJECT: PUDZ-A-2005-AR-7422: WOLF CREEK PUD APPLICANTS: Larry Abbo, Vice President Prime Homes at Portofino Falls, Ltd. 5555 Anglers Ave. Ft. Lauderdale, FL 33312 AGENTS: David R. Underhill, Jr. Banks Engineering, Inc. 2515 Northbrooke Plaza Dr., Suite 200 Naples, FL 34119 Robert D. Pritt Roetzel & Andress, L.P. A. 850 Park Shore Dr., Third Floor Naples, FL 34103 REQUESTED ACTION: William L. Hoover, President Catalina Land Group, Inc. 3785 Airport Road, North # B-1 Naples, FL 34]05 Richard D. Yovanovich Goodlette, Coleman, & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 The petitioner requests that the Collier County Planning Commission (CCPC) consider a rezone request from the Rural Agricultural (A) and Planned Unit Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning district. GEOGRAPHIC LOCATION: The subject property is located on the north side of Vanderbilt Beach Road, approximately one half mile west of Collier Boulevard (CR-951) in Section 34, Township 48 South, Range 26 East, Wolf Creek, PUDZ-A-2005-AR-7422 April 19, 2007 CCPC Page 1 of 7 Agenda Item No. 88 May 22. 2007 Page 10 of 142 Collier County, Florida. (see location map on the following page). PURPOSEIDESCRIPTlON OF PROJECT: The petitioner is seeking an amendment of the Wolf Creek Planned Unit Development (PUD) that was approved in Ordinance No. 03-45. on September 23, 2003, to add 20.26cJc acres (zoned Agricultural) and 80 dwelling units to the Wolf Creek RPUD for a total of I 67.96cJc acres and 671 dwelling units. The petitioner proposes to allow single- or multi-family dwellings, and to revise the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes, private schools, adult living facilities and churches as allowable conditional uses. SURROUNDING LAND USE AND ZONING: North: Palermo Cove, a 13 H-aere developing residential project that was approved at a density of 4 units per acre, with a zoning designation of RPUD and Scenic Woods, which was recently rezoned to RMF-6(4) East: Sonoma Oaks, a 37.5cJc-acre mixed use project whose residential portion was approved at a density of 4 units per acre with a zoning designation of MPUD; and Mission Hills PUD, a partially developed commercial project on 33.45cJc acres, with a zol11ng designation ofCPUD South: Carolina Village, a 15.88cJc-aere mixed use project with a zoning designation of MPUD whose residential pOliion was approved at a density of 4.03 units per acre; and Vanderbilt Beach Road West; Island Walk PUD/DRI; a built out 705cJc-acre mixed use project whose residential portion was approved at a density of 3.04 dwelling units per acre Wolf Creek. PUDZ-A-2005-AR-7422 April 19. 2007 CCPC Page 2 of 7 .Agencla Item No. 8B May 22. 2007 Page 11 of 142 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated Urban Mixed-Use District, Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non-residential uses, including Planned Unit Developments. The Subdistrict permits a variety of residential unit types at a base density of 4 dwelling units per acre (DU/A) and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. No dcnsity bonuses are requested and no density reductions are applicable. Therefore the site is eligible for 4 DU/ A. The requested density is 3.99 DU/A. Comprehensive Planning statT has evaluated this petition relative to other policies of the GMP as noted below with statT comments following parenthetically in italized text. 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. (Access to the projeet has been provided via Vanderbilt Beach Road) 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. (Internal access has been provided to neighboring commercial to help reduce vehicle congestion on nearby collector and arterial roads) Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The Master Plan provides inlerconnection between Wolf Creek PUD and Palermo Cove RPUD to the north bv way of Wolfe Road, and isfill'lher depicted on the Master Plan Ihat the developer of Palermo Cove PUD will extend Pristine Drive north of Wolfe Road. To the south, between the entrance of Wolf Creek PUD and Buckstone Drive, is an interconnection )1.;lh the proposed roadway, Carolina Way. To the east, provides conneclion between Buck~tone Drive and Mission Hills Drive which connecls to Collier Boulevard (CR 95 I). To the west is Ihe developed gated community of Island Walk PUD, where interconnection is not possible) Policy 7.4 The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (His has been depicted on Ihe PUD Masler Plan Exhibit A, and is also depicted in Section III Residential Areas Plan, 3.3 through 3.4.A-H) Based upon the above analysis, Comprehensive Planning staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. Transportation Element: Transportation Planning Department 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 detem1ined that the project is consistent with the Transportation Element, offering the following comment: Wolf Creek, PUDZ-A-2005-AR-7422 April 1 g, 2007 CCPC Page 3 of 7 ;:',Qellda Item No. 88 ..., [,,1ay 22, 2007 Page 12 of 142 nle Wo/fCreek PUD cl1n he considered consistent with Policy 5.1 of the Transportation Elel1/ent of the Grill1th Ml1nagement Pll1n [GMP]. Improvements 10 the adjacent roadway network are currentlv under conslruclion. Coun/y Road 951 improvements to a .\'ix-lane configuration is scheduledfin' completion in thefirSI quarter of 2009 when the roadway is pll1nned 10 have 11 remaining capl1cilv of I1pproximl1tely 1200 Irips, and is projected to he at a LOS "C". Vanderhill Beach Road improvements are scheduled/or completion in the .first qUl1rter of ]008, and that rol1dwl1Y "ill have 11 projected rcmaining cal'acily of I1pproxil1/l1lely 2, (jOO trips wilh a LOS 'B". ANAL YSIS: Staff completed a comprehensive evaluation of this land use petition and the critel;a upon which a favorable deternlination must be based. These criteria are specifically noted in Sections 10.02.13 and 10.02.13.B.5 of the Land Development Code and required staff evaluation and comment. The staff evaluation establisbes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for their recommendation to the Board of County Commissioners (BCC), who in turn, use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the stafT repOli (See Exhibit A and Exhibit B). Environmental Review: Environmental Services stafT has reviewed the petition and the PUD document to address any environmental concerns noting that the PUD requires preservation of 25 percent (32.32 acres) of the existing naturally functioning native vegetation all of which is being provided. Approximately 95 percent (30.8 acres) is currently shown on the Wolf Creek PUD Master Plan. The proposed site plan will impact 1.42 acres (100 percent) of the Palmetto Prairie, 42.07 acres (90.6 percent) of the Pine Flatwoods, .67 acres (6.8 percent) of Cypress, 6.07 acres (91.8 percent) of the Drained Cypress, and 46.74 acres (79.0 percent) of the PindCypress/Cabbage Palm. Environmental staff recommends approval subject to the condition that a South Florida Water Management District surface water management permit be obtained prior to site development plan approval. Transportation Review: Transportation Planning Department stafT has reviewed the petition and the PUD document and Master Plan that accompanies the rcquest, and is recommending approval of this amendment subject to the stipulations in the PUD document. Zoning Review: Relationship to Existing I1nd FlIllIre Land U\es: 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 pelmitted 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 a mix of residential uses, and that is still the case. The uses were deternlined to be consistent with the GMP when the original Wolf Creek rezoning was approved, and as part of that consistency finding, the uses were Wolf Creek, PUDZ-A-2005-AR-7422 April 19, 2007 CCPC Page 4 of 7 )I,genda Item No. 8B May 22, 2007 Page 13 of 142 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 Wolf Creek PUD is already developing with residential uses. The surrounding area uses, consisting of either totally residential uses or a mix of residential and commercial uses within a mixed use project, are on similar development time tables and appear to be compatible with one another; 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 and the project's density will remain the same. 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. Deviation Discussion: The petitioner is seeking one deviation from the sign requirements of the LDC. The deviation is found in PUD document Section 3.4,H. Deviation #1 seeks relief from LDC Section 5.06.02A.6.a that requires on-premises signs within residential districts to maintain a ten-foot setback from any property line unless placed on a fence or wall to allow a zero (0) foot setback from the property line shared with the Carolina Village Mixed Use PlJD. Petitioner's Rationale: This deviation will permit approximately half of one double-faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek Residential PUD (labeled Pristine Drive on Exhibit "A") and the Carolina Village Mixed Use PUD and on the west side of the Carolina Village property line and to reduce the minimum 10-foot setback from the neighboring Carolina Village Mixed Use PUD to 0 feet with the advertising limited exclusively to no more than 3 residential developments within the Wolf Creek Residential PUD. The proposed sign must meet all vehicular safety sight distance standards for Collier County and have a minimun1 10-foot setback from the Vanderbilt Beach Road light-of-way, as described in Section 5,06.02A.6,a of the LDC. The proposed sign will be externally lighted and not internally lighted. Staff Analysis and Recommendation: A similar deviation was approved for Carolina Village PUD in Ordinance Number 05-19, Section 3.4. The petitioner in that instance stated the following in support of the deviation: Wolf Creek, PUDZ-A-2005-AR-7422 April1g, 2007 CCPC Page 5 of 7 )'<,oerlda Item No. DB -' fv~ay 22, 2007 Page 14 of 142 TIlis deviation allows a better quality sign to be constructed(or Ihe 3 residential projects wilhout having the sign looking out of balance if it "'ere located solezv on the western half o( the median in Ihe road, and also minimizes conft/sion for visitors and deliveries to the 3 residential projects, The deviation being sought as part of the current Wolf Creek action coincides with the approval granted for Carolina Village Mixed Use PUD. Zoning and Land Development Review staff has reviewed this deviation and recommends APPROVAL. finding that. in compliance with LDC Section 10,02,13 .A.3. the petitioner has demonstrated that "the element mav be waived without a detrimental effect on the health. safetv and welfare of the communitv," NEIGHBORHOOD INFORMATION MEETING (NIM): Bill Hoover, agent for the applicant, held the required meeting July 12,2005 at 5;30 P,M, at the North Naples Baptist Church, The applicant's team and county staff were present, along with eight neighboring propel1y owners. During the course of the presentation, Mr, Hoover stated that "all of the buildings heights would be a two-story maximum" and there will be a 10-15 feet deep bufTer between Island Walk and the new development where there is no preserve area." Of those in the audience who spoke, no one stated any objections to the proposed rezoning or development. (Synopsis provided by Linda Bedtelyon, Community Plmming Coordinator) ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Commission (EAC) heard this petition on March 7, 2007, and voted unanimously to approve it with the following stipulation contained in the EAC staff report to address Stormwater Management concerns: "A modification of the existing SFWMD Environmental Resource Pennit must be obtained prior to final County Development Order approval." The petitioner has added the stipulation to Section 5,9.1 of the PUD document. RECOMMENDA nON: Zoning and Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUD-Z-A-2005-AR-7422 to the Board of County Commissioners with a recommendation of approval subject to the conditions of approval contained in the PUD document. Wolf Creek, PUDZ-A-2005-AR-7422 April 19, 2007 CCPC Page 6 of 7 Agenda Item No. 8B May 22. 2007 Page 15 of 142 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSIST ANT 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 May 22,2007 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings Wall Creek, PUDZ-A-2005-AR-7422 April 1 g, 2007 CCPC Page 7017 CO"-N 51 o ~ .~ -~I ",,0"" ~I ~ I ,0""- 0:"\.1......... Z .0 c ~ co ~ ~ - .~ :;:'CD d -...:.::: OJ o' d m.2: ro ;,S &1 ;2 "- 1;;1 ill j z a.. CJ> wQ ,~ !::!;( <( roO 0 ~ ~ , " ! :> .. C) ! Z - Z d 0 ~i N N N ... ... '" l < " , 5 , .. .. Ili. ~ ::> on 0 0 N ~~~ I ~ - ::l "- .. z 0 f- I ! I I f- i. i. ~~ UJ "- , , J . . - '. , Ii !2 i ~ '; ~ tz I ~ I I l l , wQ s ,':;; a.. !! i 00 :l:g I ! I <( I i. '" , " ,,~~ :: ~~ ~ I I ~ . ~~~ '"= Z -,- , 0 I l_ · ,II I , i. i I II i, - ! . J · ., 0'- . I; f- i - 'i - ;; <( ! I I I () I ~ 0 I . 1 ~~II ~~R ~~ ;Ii ---l .- . "Iii . Iii q 'Iii ~! , ~~~ .I-~~ I ~ I I !~, ! i, i. I- I " "j " ~ ~! :<1i~ !! . i~' ., . - I -'I ! ! -~ IL-:;UV.IlRGJ.M i\genda Item No" 8B May 22, 2007 Page 17 of 142 Exhibit A REZONE FINDINGS PETITION PUDA-2005-AR-7422 Chapter m03.05.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 staff's 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 explanation of the request in the staffreport and the location and zoning map that is attached to the staff report show the proposed amendment will add approximately 20 acres to the proj eet. Con: None. Finding: Staff believes the proposed additional acreage is a logical addition to the project because this added acreage is encompassed on three sides by the original project. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con; Evaluation not applicable" Findings: Staff believes the proposed additional acreage is a logical addition to the project because this added acreage is encompassed on three sides by the original project. 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 discussed in Items 3 and 4 above. Page 1 of 5 !',genda Item No, 8B May 22, 2007 Page 18 of 142 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 in the manner currently proposed if the petitioner so desired. It is the petitioner's choice to seek the proposed action, Findin:!s; 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 OMP) 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 and the proposed use is not contrary to the current land use policies. The proposed amendment should not adversely influcnce living conditions because the use proposed in similar to other uses approved for or developing in the area. Con; None, Findinus: The proposed change should not advcrsely influence living conditions in the neighborhood because the proposed change will provide a net decrease in traffic thus reducing the amount of adverse impact dcvelopment of this site might have had on adjacent and nearby developmcnts. 7, ,"Vhether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro; Development of the subject propel1y is consistent with provisions of the Transportation Element of the OMP, 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. Con: None. Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the OMP and the project was found consistent. Additionally, certain transportation improvements arc included in the PUD document. 8. ,"Vhether the proposed change will create a drainage problem. EXHIBIT A Rezone Findings PUDZ-A-200S-AR-7422 Page 2 of 5 Agenda Item No. 8B May 22, 2007 Page 19 of 142 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: The proposed development standards will ensure that adequate light and air is allowed to adjacent properties. Con: None. 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/Con: Evaluation not applicable. 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 plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. EXHIBIT A Rezone Findings PUDZ-A-200S-AR-7422 Page 3 of 5 Agenda item No. 83 1\1ay 22, 2007 Page 20 of 142 Pro/Con; Evaluation not applicable. Findin~s: 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 detennined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. '''hether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro: None. Con: The petitioner could finish the development of the PUD within the parameters of the existing PUD document allowance. 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: None. Findin~s: 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. Findin~s: Because the petitioner is seeking to amend a particular PUD which is an already approved project, this analysis is not gennane to 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 auy of the range of potential uses under the proposed zoning classification. EXHIBIT A Rezone Findings PUDZ-A-200S-AR-7422 Page 4 of 5 Agenda Item No. 8B May 22, 2007 Page 21 of 142 Pro; None perceived. Con: The specific site under consideration in this PUD amendment is undeveloped at this time. Findings: Any development of this site would require considerable site alteration with the proposed use of this portion of the site. 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 detennination whether this project meets the full requirements of adequate public facilities specifications will be determined as part of the development approval process. Page 5 of 5 EXHIBIT A Rezone Findings PUDZ-A-200S-AR-7422 Exhibit B PUD FINDINGS PUDA-2006-AR-10157 Agenda Item No. 88 May 22. 2007 Page 22 of 142 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 or is approved for development of a similar nature. The petitioner will be required to comply with all county regulations regarding drainage, sewer, water and other utilities. Con: None. 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 application provided evidence of unified control. The PUD document makes appropliate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies ofthe Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has ofTered 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: Staff's 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. Page 1 of 3 Agenda Item No. 88 May 22. 2007 Page 23 of 142 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro; The proposed development standards, landscaping and buffering requirements are designed to make the proposed residential uses compatible with the adjacent residential uses. Con: None. 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 sWTounding 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 of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concWTency 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: County Transportation Planning staff has deternlined that the proposed amendment is consistent with the GMP Transportation Element requirements addressing roadway concerns. Con: None. 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. PUD FINDINGS PUDA-2006-AR-I0157 EXHIBIT B Page 2 of 3 l'...g~nda Item No. 38 fv1ay 22, 20G 7 Page 24 of 142 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 equivaleut to literal application of such regulations. Pro/Con; Please rcfer to the Staff Rcport Deviation Discussion. 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; however the petitioner is seeking one deviation as part of the PUD amendment approval. The deviation is discussed in the Staff report. The deviation being sought as part of the current Wolf Creek action coincides with the approval granted for Carolina Village Mixed Use PUD. The deviation would give the developer flexibility in the location of the two projects' project identification signs as an alternative design fi'Om what strict adhercnce to the LDC would allow. Staff believes the deviation proposed gcnerally meet the intent of the LDC rcquirements but take into consideration the site design limitations imposcd by the configuration of thc subject property. Zoning and Land Development Rcvicw staff has revicwed the deviation and recommcnds approval, finding that, in compliance with LDC Section IO.02.13.A.3, the petitioner has demonstrated that "the elemcnts may be waivcd without a detrimental effect on the health, safety and welfare of the community. PUD FINDINGS PUDA-2006-AR-IOI57 EXHIBIT B Page 3 of 3 Agenda Item No. 8B May 22. 2007 Page 25 of 142 Item VLA ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF MARCH 7. 2007 I. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUD Rezone, No. PUDZ-2005-AR-7422 Wolf Creek PUD Prime Homes, Inc. Banks Engineering Hoover Planning & Development, Inc. II. LOCATION: The subject property is located approximately 1/2 mile west of Collier Boulevard (CR 95]), on the north side of Vanderbilt Beach Road (CR 862). The petition would add 30.41 acres for a total of 178.1 acres to be contained within the Planned Unit Deve]opment. The subject property is located in Section 34, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: The proposed Planned Unit Deve]opment (PUD) is bordered by the Island Walk PUD/DRI to the west, Palenno Cove PUD to the north, the proposed Sonoma Oaks PUD and the Mission Hills PUD to the east, and by Carolina Village PUD to the south. Most of the neighbOling uses will be residential development. Both the Carolina Village PUD and the Mission Hills PUD pennit commercial development. ZONING DESCRIPTION North: Pa]enno Cove PUD and Scenic Residentia] Woods, RMF-6[4] East: Sonoma Oaks MPUD and Residential and commercia] Mission Hills CPUD South: Carolina Village MPUD and Commercial Vanderbilt Beach Road West: Island Walk PUD/DRI Residentia] EAC Meeting 3/07/07~. Wolf Creek PUD ,A.genda Item No. 88 May 22. 2007 PaJ8 26 of 142 Page 2 of 7 IV. PROJECT DESCRIPTION: The proposed PUD amendment requests a rezone from the Rural Agricultural (A) and Planned Unit Development (PUD) zoning districts to the Residential Planned Unit Development (RPUD) zoning district, to add 20.26010 acres and 80 dwelling units to the Wolf Creek RPUD for a total of 167.96010 acres and 671 dwelling units, which may be single- or multi-family dwellings. and amend the PUD document and associated Master Plan. The applicant also proposes to reduce the maximum height of multi-family structures from 42 feet and 3 stories to 38 feet and 2 stories; and eliminate nursing homes. private schools, adult living facilities and churches as allowable conditional uses. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Mixed-Use District. Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan. This district is intended to accommodate a variety of residential and non-residential uses, in eluding Planned Unit Developments. The Subdistrict pern1its a variety of residential unit types at a base density of 4 DU/A and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. No density bonuses are requested and no density reductions are applicable. Therefore the site is eligible for 4 DU/A. The requested density is 3.99 DU/A FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Zoning and Land Development Review staff as part of their review of the petition in its totality. Policy 7.1: The County shall encourage developers and propeliy owners to connect their propeliies to fi'onting collector and arterial roads. except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (4ccess to the pr(};ect has been provided I'ia Vanderbill Beach Road.) 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. (Internal access has been prOl'ided to neighboring commercial to help reduce vehicle congestion on nearby col/ector and arterial roads.) EAC Meeting 3/07/07 - Wolf Creek PUD Agenda 11em No. 88 May 22, 2007 Page 27 of 142 Page 3 of7 Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The Master Plan provides interconnection between Wolf Creek PUD and Palermo Cove RPUD to the north by way of Wolfe Road, and is further depicted on the Master Plan that the developer of Palermo Cove PUD will extend Pristine Drive nO/th of Wo(fe Road. To the south, between the entrance of Wo(f Creek PUD and Buckstone Drive, is an interconnection with the proposed roadway, Carolina Way. To the east, provides connection between Buckstone Drive and Mission Hills Drive which connects to Collier Boulevard (CR 951). To the west is the developed gated community of Island Walk PUD, where interconnection is not possible.) Policy 7.4 The County shall encourage new developments to provide walkable conununities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (This has been depicted 0/1 the PUD Master Plan Exhibit A, and is also depicted in Section lI1 Residential Areas Plan, 3.3 through 3.4.A-H.) Based upon the above analysis, Comprehensive Planning staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. Conservation & Coastal Mana!!ement Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards". To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of storm water runoff, storm water systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality offresh water (discharge) to the estuarine system". This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of runoff leaving the site by utilizing lakes and interconnected wetlands to provide water quality retention and peak flow attenuation during and aftcr storm events. The project as proposed is consistent with the Policies in Objective 6.1 of the Conservation & Coastal Management Element, for the following reasons; Twenty Five percent (25%) of the existing native vegetation is required to be retained. A minimum of 32.32 acres has been identified for retained native vegetation preservation within the PUD boundaries. Selection of preservation areas, are consistent with the criteria listed in Policy 6.1.1. Wolf Creek PUD has provided a preserve to the north part EAC Meeting 3/07107 - Wolf Creek PUD ~I\genda ltem No~ 88 May 22~ 2007 Page 28 of "142 Page 4 of7 of parcel 2 in order to tie into a major wetland flow-way that is being preserved by the Palermo Cove PUD and Summit Place PUD to the north. Preserve management plans are required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency permits prior to the issuance of a final local development order permitting site improvements. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). VI. MAJOR ISSUES: Storm water Mana2ement: The addition of these contiguous tracts to the existing Wolf Creek PUD allows for a more efficient storm water collection, treatment and discharge system. The expanded stom1 water management system must be reviewed, approved, and pennitted by the South Florida Water Management District prior to the issuance of any approvals for Site Development Plans or Plats / Plans. Environmental: Site Description: The property contains about 129.29 acres of native vegetation. This includes Palmetto Prairie (1.42 ac), Pine Flatwoods (46.44 ac), Cypress (9.83 ac), Drained Cypress (6.61 ac), Cypress with Melaleuca (1.66 ac), and Pine/Cypress/Cabbage Palm (63.33 ac). Wetlands: Wetland jurisdictional lines have been provided for all parcels in the PUD. There are approximately 15.67 acres of Collier County & SFWMD jurisdictional wetlands on the property. Within the Wolf Creek PUD, 148 acres is covered by a number of different separate SFWMD wetland jurisdiction and site visits done at different times. A wetland jurisdictional was conducted on parcels I, 2, and 3 on May 3,2006 by Krista Gentile. For parcel 9 a wetland jurisdictional was conducted on April 2006 by Marie Dessources. SFWMD pem1it number I I-02332-P covers the remaining parcels within the Wolf Creek EAC Meeting 3/07107 ~ Wolf Creek PUD Agenda Item No. 86 May 22. 2007 Page 29 of 142 Page5of7 PUD. The project proposes approximately 0.67 acres of impact to wetlands on the property which equates to 4.4% of onsite wetlands. Preservation Reouirements: The PUD requires preservation of 25% (32.32 acres) of the existing naturally functioning native vegetation all of which is being provided. Approximately 95% (30.8 acres) is currently shown on the Wolf Creek PUD Master Plan. The proposed site plan will impact 1.42 acres (100%) of the Palmetto Prairie, 42.07 acres (90.6%) of the Pine Flatwoods, .67 acres (6.8%) of Cypress, 6.07 acres (91.8%) of the Drained Cypress, and 46.74 acres (79.0%) of the Pine/Cypress/Cabbage Palm. Listed Species: The EIS states, "Squirrels such as gray or Big Cypress fox squirrels may use the property." No other listed species were observed on site. A management plan is provided as part of the EIS (exhibit 14) and will be updated as needed and be included as part of the Site Development! Construction Plans approval process. Wild pine plants are present in trees scattered throughout the property. VII. RECOMMENDA nONS: Staff recommends approval of Planned Unit Development No. PUDZ-2005-AR 7422, Wolf Creek RPUD with the following conditions; Storm water Management: I. A modification of the existing SFWMD Environmental Resource Permit must be obtained prior to final County Development Order approval. Environmental: I. None PREPARED BY: EAC Meeting 3/07/07 - Wolf Creek PUD Page 6 of? KIRSTEN WILKIE ENVIRONMENTAL SPECIALIST STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER KA Y DESELEM PRINCIPAL PLANNER l\genda item No. 33 May 22, 2007 Page 30 of 1 L2 DATE DATE DATE EAC Meeting 3107/07 - Waif Creek PUD Agenda Item No. 8B May 22. 2007 Page 31 of 142 Page 7 of? REVIEWED BY: BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE WILLIAM D. LORENZ, Jr., P.E., DIRECTOR ENVIRONMENTAL SERVICES DEPARTMENT DATE MARJORIE STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR COlllER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGJ>Y,NEJ: (i) ,c...g~;nda item [\jo. [:8 rf,2)V 'J2 )007 2800 NORTH HORSESHOE ~~tJ'h-2 of 142 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 APPLICATION FOR PUBLIC HEARINqFOR:\ll.., ,',' 0' PUDREZONE (fUDZ), " []pUPTOPUDRE~6~~i~u'l)i'A) PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER , PUDZ-A-2005-AR-7422 PROJECT #2005040002 DATE: 1/25/07 KAY OESELEM - -.'c." '.", " -l , '.APPLICANfINFORMATWN NAME OF APPLICANT(S) LARRY ABBO - VlCf PRESIDENT - PRIME HOMES AT PORTOFINO FALLS, LTD, ADDRESS 5555 ANGLERS AVE. CITY FT. LAUDERDALE STATE FL ZIP 33312 TELEPHONE # 954-932-8788 CELL # 954-914.2212 FAX # 954.392-8748 E-MAIL ADDRESSLARRY(11)ABBO.NET NAME OF APPLICANT(S) WILLIAM L HOOVER, PRESIDENT OF CATALINA LAND GROUP, INc.. THE MANAGER OF BUCKSTONE ESTATES, LLC & WOLF CREEK ESTA TES, LtC. ADDRESS 3785 AIRPORT RD. N. # S-1 CITY NAPLES STATE FL ZIP 34105 TELEPHONE # E-MAIL ADDRESS 239-403-8899 CELL # 239-272-7574 BILlH@HOOVERPLANNING.COM FAX # 239-392-8748 NAME OF AGENT DA VID R. UNDERHILL. JR. - BANKS ENGINEERING ADDRESS 2515 NORTH~ROOKE PLAZA DR.. SUITE 200 CITY TELEPHONE # 239.597-2061 CELl # 239-940-8687 E-MAIL ADDRESSDUNDERHILL@SANKSENG.COM NAPLES STATE-ELZIP 34119 FAX # 239-597-3082 NAME OF AGENT ROBERT PRITT - ROETZEl & ANDRESS, LP.A. ADDRESS 850 PARK SHORE BOULEVARD, 3'0 FLOOR CITY TELEPHONE # 239-649-2714 CELL # 239-292-2147 NAPLES STATE Fl ZIP FAX # 239-261-3659 34/03 E-MAIL ADDRESS RPRITT@RALAW.COM NAME OF AGENT RICHARD D. YOV ANOVICH. GOODLETTE, COLEMAN & JOHNSON, P.A. ADDRESS 4001 TAMIAMITRAILN.SUlTE#300 CITY NAPLES STATE Fl ZIP 34103 TELEPHONE # 239-435-3535 CELL # 239-860-3533 FAX # 239-435-1218 E-MAIL ADDRESS RYOVANOVlCH(11)GCJlAW.COM , - BE AWARE THAT COLLIER COUNTY HAS LOB8YIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. S:\Jobs\t 9xx\I971 \DocuIllCIl1s\Zolling\l'tJI)AmendmclIl\J 971 ]UDRczollcPctitiollt/2.doc Aprlicutiun Fur Public Hearillc, For PUD Rcmne 6JJ 4/04 Page 101'21 , I ASSOCIATIONS ;. _.~J~ Agenda Item No. 88 , _:, t~l?> ~~" 2~07 ., Page 3.3 of 42 Complete the following for all Association(s) affiliated with this petition, Provide additional sheets if necessary. NAME OF HOMEOWNER ASSOCIATION, ISLAND WALK. HOA. C/O JOE MUELLER MAILING ADDRESS 4021 TRINIDAD WAY CITY NAPLES ST A TE FL ZIP 34119 NAME OF HOMEOWNER ASSOCIATION: VANDERBILT COUNTRY CLUB, HOA C/O GLEN CRIBETT MAILING ADDRESS 8250 DANBURY BLVD. CITY NAPLES STATE FL ZIP 34120 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP I '".,' DiscIosureof Interest Information.. ..~ a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Pertenloge of Ownership NIA S:\Jobs\19xx\1971\Documents\Zolling\PUDAmendment\1971_PUDRczoIlcPetitionll2.doc Application For Public Heuring f(}f PUD Rezone 6/]4/04 Page 2 of21 Agenda item !-Jo. 8B b. If the property is owned by a CORPORATION, lisl the officers and Slockhd~~j,~~~i the percentage of stock owned by each. Name and Address Percentage of Ownership SEE ATTACHED BREAKDOWN c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Addres. Percentage of Ownership SEE ATTACHED BREAKDOWN d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership NIA S:\Jobs\19xx\1971\Doclltllel'lts\Zonillg\PUDAmclldmelll\1971]UDRc7.0T1cl'diliullfl2.u()c Application For Public Hearing For PUD Remne fi/14104 Page 3 of21 Agenda Item No. 88 e. If there is a CONTRACT FOR PURCHASE, with an individual or indh\'-ir1;'~!~lJ~~; Corporation, Trustee, or 0 Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership SEE ATTACHED BREAKDOWN 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 NIA g. Date subject property acquired ~ leased D Term of lease yrs./mos. (SEE ATTACHED BREAKDOWN) If, Petitioner has option to buy, indicate the following: N/A 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 applicanl, or agent on his behalf, to submit a supplemental disclosure of interest form, S:\Jobs\19xx\1971\Documents\Zoning\1'UDAmcndmellt\1971_P(JDRezunePetition#2.doCi Application For Public Hearing Pm PUD Rezone 6/14/04 PlII;e4 uf21 PROPERTY LOCATION .A,genda Hem No. 88 :"6l ==, =~7 Paoe 36 of 1 2 Detailed le2u] description of the properlv covered bv the armlication: (If space is inadequate, '''tach on separate page.) If request involves change ta more than one zoning district, include separate legal description for properly involved in each district. Applicant shall submit four (4) copies af 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 far supplying the correct legal description. If questions arise concerning the legal description, an engineer'; certification or &ealed survey may be required. Section/Township/Range 34 / 48 / 26 Block: Page # Subdivision: lot: Plat Book Properly I,D.# SEE ATTACHED BREAKDOWN Metes & Bounds Description: SEE ATTACHED BREAKDOWN Size of Dropertv: 3165 fj,X 2640 ft. = Total Sq. Ft. IIrreaularJ Acres 167.96 Address/aenerallocation of subiect properlv: The Norlh side of Vanaerbilt Beoch Ra" aDDrox;male!v one-half mile west of Collier Blvd. PUO District (lOC 2.03,06): CSJ Residential 0 Community Facilities D Commercial D Industrial ADJACENT ZONING AND LAND USE, Zoning N RPUD S MPUD E MPUOIPUD W PUD land use Palermo Cove PUD CaroHna Villaae PUD Sonoma OaksIM;,,;on Hills Islana Walk PUO Does the owner of the subject properly own properly contiguous to the subject properly? If sa, give complete legal description of entire contiguous properly. (If space is inadequote, a!lach on separate page). NO Section/Township/Ran ge / / lot: Plat Book Block: Subdivision: Page # _ Properly I.D.# Metes & Bounds Description: S:\lobs\19xx\1971\Doc.umcllts\Z.tming\PUDAmelldmenL\1971_PUDRezollePetition#2.doc Applicatioll Por Pllblic Hearing FOT PUD RC7..onc 6/14/04 Page 5 of21 L REZONE ~QUEST . Agenda Item No. 8B , 1 co 0107 IV o.y ...<-, "- Paoe 37 of 42 This application is requesting a rezone from the zoning dlstrict(s), A aric !PUD zoning district{s) to the RPUD Present Use of the Property: Vacant, Sino/e-Family Home, & Comcasl Cable Fiber Oetics BuildinCl Proposed Use (Dr range of uses) of the property: Sinale-Family & Multi-Family Residential uses Original PUD Name: Wolf Creek PUD Ordinance No.: 30-45 l_ EV ALUA nON CRITERIA ~ Pursuant to Section 10.02.13 of the Collier County Land Development Code, slaff's analysis and recommendation to the Planning Commission, ond the Pianning Commission's recommendation to the Boord of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative stotement describing the rezone request with specific reference to the criteria noted below, Include any backup materials and documentation in support of the request. PUD Rezone Considerations (LDC Section 10.02.13.B) 1. The suitabiJity of the area for the type and pattern of development proposed in relation to physical characteristics of the Jand, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Development condjfjons contained within the PUD document provide assurcnce that all infrastructure wifJ be developed consistenf with Covnfy regulations. Required mitigation meaSlJres wU/ assure compliance with adopted LOS standards of fhe Growth Managemenf Pion. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, Dr other instruments, Dr for omendments in those proposed, particulorly as they may relate to arrangements Dr provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided Dr maintained at public expense, Findings and recommendations of this type shall be made only after consultation with Ihe county attorney. Documenfs submit/ed with the application provide evidence of unified control. The PUD document make, appropriote provisions for the continuing operaf,'on & maintenance of common areas. 3. Conformily of Ihe proposed PUD with the goals, objectives gnd policies of the growth management plan. The Wolf Creek RPUD's proposed residential uses & requested density ore con,isfenl with the goof" objectives, & policies of fhe Collier County Growth Management Plan. 4. The internol gnd externgl compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Moster Plan has been coordinated with neighboring projects & de,igned 10 optimize external lond use refationships. Access has been Umiled to 2 loop roodway systems that wHl serve the subject projecl & neighboring proiects, ,ite planning on Woff Creek, and neighboring proiects. Site pIannrng on Wolf Creek & neighboring PUD's have typically incorporated native vegetation areas to separate different types of land uses. 5, The adequacy of usable open spgce areas in existence gnd as proposed 10 serve the development. The amount of open space set aside by fhis project, a minimum of 60%, is consistent wifh the provisions of Ihe Land Development Code. S:\Jobs\19xx\1971\DocumentS\ZOlling\PUDAmendmcnt\197l_PUDRczum.:Petition#2.doc Application For Public Ifearing For PUD Rezone 6/14/04 rilgc 6 of21 6. .4.genda Item No. 38 , , . lv1ay 22. 2007 The limIng or sequence of development For the purpose of assuring the adequacy Op!!~g~bl~142 improvements and facilities, both public and private, There are adequate & avo;!ab/e facifities for this project. Furthermore, the fiming or sequence of development In lighf of concurrency requirements is nof an issue. 7. The ability of the subject property and of surraunding areas ta accommodate expansion. The project is in the Urban Area and the surrounding area has the availability to accommodate expansion. The sife can connect wifh supporting infrastructure including the county's water & wasfe water systems. /n addifion, the ability of the area to accommodate expansion due to this project is subiecf to mifigafl'on as confained in the PUD document. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations, The developmen~ standards proposed for the Wolf Creek RPUD do not depad from develapmen~ standards that would be required for the mosf similar conventional zoning distrid except for one deviationl thai is subsfantiated within the PUD document. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners associatIon in the area for which this use Is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use Detitions on the subiect orODertv: To your knowledge, has a public hearing been held on this property within the last year? 0 Yes [8J No If so, what was the nature of that hearing? NOTICE: This application will be considered "open" when the determination of "sufficiency" hos been made and the application is assigned a petition processing number, The application will be considered "closed" when the petitioner withdraws the opplication through written notice or ceases to supply necessary inform ation to continue orocessina or otherwise actively our-sue the rezonina for a oeriod of six (6 ~ months, An application deemed "closed" will not receive further processing and an application "closed" through Inactivity shall be deemed withdrawn, An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting 01 a determination of "sufficiency". Further review of the proiect will be subiect to the then current code, (LDC Section 1 O,03,05.Q.) S:\Jobs\19xx\1911iDocumenls\Zunillg\PUDAlllenJmt:Il!\1971_PlJDRezollePetillon/12.uoc ^ppljc~tion For Public Hearing For PUD Rezone 6/l4/{14 Pagt:: 7 of21 PUD AMENDMENT (PUDA) PUD REZONE (PUDZ) PUD to PUD REZONE (PUDZ.A) APPLICATION SUBMITTAL CHECKLIST Agenda Item No. 88 . .~ ::.:::.:, ,">, 07 Page 39 of ~2 THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED 8ELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. # OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED - :'SrANDA'RD,'REQUIR'EMENTSI~~~f?n~i~~)}1~~t~~tl;;!;~:~\~~~;Y:f{4~J:~!~*~4\I~~~'B"l: I Additional .et if located In the Bay,hore/Gateway Triangle Redevelopment Area) Cople, of deta iled description of why amendment Is necessa ry 24 PreV'o Submitted Completed Application 24 24 Pre-application meeting notes 24 Prevo Submitted Current Conceptuol Site Plan 24" x 36" ond One 8 V2" x 1 1 Of copy 24 Prevo Submlttrd RevIsed Conceptual Site Plan 2411 x 3611and One 8 Vl" x 1 1" copy 24 24 Orlginol PUD document ond Master Plan plus one 24" x 36" copy of the 24 Prevo Submilted Master Plan - ONLY IF AMENDING THE PUD Revjsed PUD document with chances crossed thru & underlined 24 24 RevJsecl PUD document w / amended Title aaae wlord #'s LDC 1 0.02.1 3.A.2 24 24 :,,~~~~~~p-J~tI~,~;lji.:!!)!'~~'hQ1~~1~*~*};WMt~~1!.1tw~~{.f~iM~,il;i}~1~~lHi~~~~~;0 Deeds/Legal', & Survey (if boundary of original PUD Is amended) 2 2 List identifying Owner & all parties of corporation 2 2 Owner/Affidavit signed & notorized 2 2 Covenant of Unified Control 2 2 Completed Addressing checklist 2 Prevo Submitted ;;'~;::~o:e,i!~r#fj~:t"~~oJJ~'fjt~tri&~~::Y1{ZRJi~l~~i~'~ii;:1;f~~r~.:~j;m~\~,~:~1~~ii~~sN4)t\'!(f~:ilil~i;~M~~\rij;;;: Environmentol Impoct Stotement lEIS) or waiver and digitol/electronic copy Prevo Submitted of EIS 4 Historical Surve y or waiver request 4 N/A Utility ProvIsions Statement w / sketd1e, 4 4 Architecturol rendering of proposed structures 4 Prevo Submitted Survey, signed & sealed 4 Prevo Submitted Traffic Impact Statement (TIS) or wolver 7 Prevo Submitted Recent Aerial Photograph (with habitot areas defined) min scaled 1"_4001 Prevo Submitted 5 Electronic copy of all documents inWard format and plans [CD Rom or Prevo Submitted Diskette) 1 . One additional COP)! required Jjfor Affordable Housillg As the authorized agent/applicant for this petilion, I attest that all of the information indicated on this checklist is inclndcd in this snhmittal pacl<age, I nnderstand that failure to include all necessary submittal infurmation may result ill the delay of processing this petition. Agent/Applicant Signatnre Date S:Vohs\19xx\197l \DocUm~1lIs\Zolling\PUDAmendmetlt\1971_r'lJDllczonePclition#2,d(}{; Application For Public Hearing For PUD RCZQlle 6/14/04 Page 21 of21 ST A TEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST I'\genda Item l'Jo. 88 May 22.2007 Page 40 of 142 APPLICANT INFORMATION -. I NAME OF APPLlCANT(S) PRIME HOMES AT PORTOFINO FALLS, LTD, ADDRESS 5555 ANGLERS AVE CITY FT. LAUDERDALE STATE~ZIP 33312 TELEPHONE # _~54-392-8788 CELL # 954-914-2212 FAX # 954-392-8748 E-MAIL ADDRESSLAlllly(ci)ABBO.NET ADDRESS OF SUBJECT PROPERTY (IF A V AILABLE): No Site Address LEGAL DESCRIPTION Seclion/T ownship/Range 34 / 48 / 26 Plat Book 8lotk: Page # Subdivision: Lot: Properly I.D.# SEE ATTACHED BREAKDOWN Metes & Bounds Destription: SEE ATTACHED BREAKDOWN I- TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM a. CITY UTILITY SYSTEM b, FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM ~ o o o o TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM [ZJ b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WEll) 0 ST A TEMENT OF UTILITY PROVISIONS - poge 2 S:\Jobs\19xx\J971\I)m:urneuls\Zoning\PUDAmCllcllllcnt\1971_PlJDRezOllcPctition#2.doc Applicnlioll For Public Heating For PUD Rezone 6/14/04 Pllge8of21 Agenda Item No. 88 May 22. 2007 Page 41 of 142 TOTAL POPULATION TO aESERVED: 671 N' . .. , ... .~, . ". J . ""... , ", ,. '" ,. ,n, .., " ." ..' 'l ..', , P~AK AIIID A'vjERAG~ PAILy"DEfI,\AIIID~; A, WATER-PEAK 235.502 GPD B. SEWER-PEAK 202,170 GPD A VERAGE DAILY AVERAGE DAILY 158.001 GPO 135.780 GPO IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED Phased connection Startin~ 10/2006 - 10/2010. N~RR.AtIVE ST-4T~~EN.t: Provide a brief and condse narrative statement and schematic drawing of sewage treatment process to be used as well as a spedfic statement regarding the method of effluent and sludge disposal, If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professionai engineer. Wastewater From the Wolf Creek PUD will be collected and pumped into CI Farcemain along Pristine Drive thaI connects to the Collier County Wastewater system via a Forcemain on Vanderbilt Beach Road Extension. q*I~~ COUNTY ytiiin pEPic,MiqN ST~T~MENt, If the project is located within the services boundaries of Collier County's utility service system, written notarized statement sholl be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time, This statement shall also include an agreement that the applicable system development chorges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County, If applicable, the statement shall contain sholl contain on agreement to dedicate the appropriate utility easements for serving the water and sewer systems. stAtEMENT oj: AVAILA8ilitt CAPAciTY FROM ottiER PiiOV.\PERS:Unless waived or , " '::. "', -Cd. ,_' , <., ,',-. "0 -'. ,''> ,-" ,. ..., . '" ,,,. _, "" .'", "^," .....,.,." ,." c ',' . ._, , , .~'..,.. ._. otherwise provided for at the pre-application meeting, if the proiect is to receive sewer or potable woter services from any provider other than the County, a statement from that provider Indicating that there is adequate capacity to serve the project sholl be provided. S:\Jobs\19-xx\1971\Doc\lmcnls\Zoning\PUDAuu:ndrnenl\1971 ]UDRezonePetilionfl'2.doc Application Por Pllbl1c IIcaring For pUD Rezone 6/14/04 l~ligc 90f21 I AFFIDAVIT' ,l>.genda item ~,Jo, E:B May 22. 2007 0," "0' r We/I, Prime Homes at Portofino Falls, Ltd. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subiect matter of the proposed hearing; that all the answers to the que,tions in this application, including the disclo$ure of intere't information, ail sketches, dOlO, and other supplementary matter attoched to and made 0 part of thi, application, are honest and true to the best of our knowledge and belief. We/I understand that the information reque'ted on this application must be complete and accurate and that the content of this form, whether computer generated or County printed $holl not be altered. Public hearings will not be advertised until this application is deemed complete, and 011 required information has been submitted. As property owner We/I further authorize Bank. Enaineerino & Robert Pritt to act as our/my representative in any matters regarding this Petition. f f..//11 E: it iJ mE 5 _11 Po ttr i) rlll/() r ~(...LS (I iJ / ///J /5,/ /'I)UDFltVO F1'-L!. f}UIL/Jas, /IVC-. 6Pjlf3A-/?C ,~ ctJ!; Ii /. f/l (. r ,VB ^- Signature of Property Owner Signoture of Property Owner Larry Abbo - Vice President Typed or Printed Name of Owner Typed or Printed Nome of Owner The foregoing instrument was acknowledged before me this ).. L. day of J A 1-1-_______.. . 2007, by LIl"~ 'I I1$B [) who ('PersonOTIY knowoAo me or has produced as identification. --- State of Florida County of Collier ~ck cf7[H1XJ (Signature of Notary Public - State of Florida) ,,~~~l!~((, Linda So co low ;<oP.,~.':\~~:" Commission #DD201844 ~~" \fJ.::i Expires: May] 7,2007 --;;/'t Of f.~cl.}~ Bonded Thru ""11'\\' Atlantic Bonding Co., lllC LJ'VIM .'\D(..{JLtJl,J__ (Print, Type, or Stomp Commissioned Nome of Notary Public) S:\Jnos\ 1I)xx\] 971\Dncumcnts\7.oning\PUDAmclldmenl\ 1971_PUDRezoncPctition#2.doc Application por Public Hearing Fur PUD Re7.{)ne 6/14.104 Page ]Oof21 ,l'lgenda item No. 88 May 22, 2007 Page 43 of 142 COVENANT OF UNIFIED CONTROL The undersigned do hereh)' swear or affinn that we are the fee simple titleholders and owners of record ofpropel'ty commonly known as Wolf Creek pun -Parcels 4 & 9 (Street address and City, State and Zip Code) and legally described in Exhibit ^ attached hereto. The property described herein is the subject of an application for PUD Rez/me Amendment planned unit development (RPUD) zoning. We hereby designate R(mk\' EmdneerillJ! & Robert Pritt, legal representative thereof, as the legal n::pn:scntativcs of the property and as such, these individuals are authorized to legally hind all owners of the property in the course of seeking the necessary approvals to develop. Thill authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, aud studies necessary to obtain zoning approval on the site. Tnt::se representatives will remain the only entity to authorize development activit)' on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recognize the following and will be guided accordingly in the pursuit of development of the project; 1. The propetty will be developed and used in conformity with lhe approved master plan including all conditions placed on the development and all commitments agreed to by the appliclomt in connection with the planned unit development rezoning. 2. The legaL representative identified herein is responsible for compliance with all tenlls, eondftions, safeguards, and stipulations made at the time of approval afthe master plan, even if the property is subs.equently sold in whole or in part, unless and until a new or amended covenant of unified control is delivered to and recorded by Collier County. 3. A departure from the provisions of the approved plans or a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of the Land Development Code. 4. All terms and conditions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all development activity within the planned unir development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance with the terms, safeguards, and conditions of tbe planned unit development, seek equitable relief as lleCeSSal)' to compel compliance. The County will not issue permits, certificates, or Ih;cn~efi to occupy or use any part of the planned unit developmenl an Ithe County may stop ongoing constructlun activlty until the project is brought into complhmce ~;Il tc' I' tlons and "afeguard, of Ihe planned unit development. _ _ OwnCI Owner Larrv Abbo - Vice Presidellt Printed Name Printed Numc STATE OF FLOIUDA) COUNTY OF COLLIER) Sworn to (at affirmed) and subscribed before me this 2. 2 day of .J Ht\.."''' A~8.D. VJU::' PLeSllJlZNT whoi:pcrsonallyknownt aSident~n. VY1 rl(l Notary Public __, 2007, by me or has produced AJ '"'''''' Linda So co low /~~f.~~~~~"':. Com,mission #DD20 1844 ,~;. '0.:;~ Explfes: May 17, 20Q7 ~~<;~ Of f~~~'';- ~onded .Thru "ll1l'\\ AtlaotlC Oondmg Co" inc. Lliv l? ,1 ~"':{)L ,)tj) lJ (Name typed, printed or stamped) (Serial Number, if any) S:\.Iobs\19xxI1971\Documents\Zoning\PlJDAmcndlTIent\197U)UDRezoncPctition#2.doc Application Fol' Public Hearing Fm PUD Rezone 6114lO4 Page If or21 I AFFIDAVIT A.genda It~;m ~~O. 8B o:poii,; I We/I, Catalina Land Grout>, Inc. being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, Including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Banks Enlllneerinl? & Richard Yovanovich to act as ourlmy representative in any matters regarding this Petition. :l4/~/-e- Signature of Property Owner '- Signature of Property Owner William L. Hoover - . Pres. Typed or Printed Name of Owner Typed or Printed Name of Owner of Catalina Land Group, Inc., the Manager of Buckstone Estates, LLC & Wolf Creek Estates, LLC The foregoing instrument was acknowledged before me this ~ day of ..:]tJ.L '-t' , 2006, by LJ, LLI A-<-<--'\ I~\"o 1!e;>'L.. who is personally known to me or has produced as identification. "'------- State of Florida County of Colli:e:PI"'~I".....'n.......n"'''H_''''!' ; JEREMY BTERK t : """"''''~ ---t.. I : ~\"'U~f.I.i.' ......."'I""...~ '''' : '''~.v. __m_ '1" ~m~ E \;1 ,:;r1\~ 80ndfld ttw (!00)C32..t254 t....::'~I~~~~u..nr.I~.~~~~,~!~.: 'TE~vt{Y :; /H.2.lC (Print, Type, or Stamp Commissioned Name of Notary Public) C:\Docllm~nts and SCltings\O\vnerlLocal Settings\T cmponu)' Inl~rncl FileslOLK 7C\] 971 ]UDRc7.om::PetilionMSignatllre--Hoover,doc Application For Public Hearing For PUD Rezone 6/14/Q4 Agenda Item No. 8B May 22, 2007 Page 45 of 142 COVENANT OF UNIFIED CONTROL The undersigned do hereby ,wear or affirm that we are the fee simple titleholders and owners of record of property commonly known as Wolfereek PUD - Parcels ]. 2, 3, 6,.1 & 8 (Street address and City, Stale and Zip Code) and legally described in Exhibit A attached hereto. The property described herein is the subject of an application for PUD Rezone Amendmenr planned unit development (RPUD) zoning. We hereby designate Banks EIl~ineerinQ & Richard rOyan"V;"" . legal representative thereof, as the legal representatives of the property and as such, these individuals are authorized to legally bind all owners of the property in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to, the hiring and authorization of agents to assist in the preparation of applications} plans, surveys I and studies necessary to obtain zoning approval on the site. These representatives will remain the only entity to authorize development activity on the property untll such time as a new or amended covenant of unified contrails delivered to Collier County. The undersigned reeo6'11ize the following and will be guided accordingly in the pursuit of development of the project: 1. The property wnl be developed and used in conformity with the approved master plan including all conditions placed on the development and all conunitments agreed to by the applicant in connection with the planned unit development rezoning. 2. 11le legal representative idcntified herein is responsible for compliance wilh all terms, conditions, safeguards, and stipulations made at the lime of approval oflhe master plan, cven if lhe property is subsequently sold in whole or in part, unless and until a ncw or amended covenant of unified control is delivered to and recorded by Collier County. 3. A dcparturc from the provisions of the approved plans 01' a failure to comply with any requirements, conditions, or safeguards provided for in the planned unit development process will constitute a violation of tile Land Development Code. 4. All tenns and conditions of the pla!med unit development approval will be incorporated into covenants and restlictioos which run with the land so as to provide notice to subsequent owners that all developmcnt activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force, Collier County can, upon tile discovery of noncompliance with the terms, safcguards, and conditions of the planned unit development, seek equitable rclicf as necessary to compel compliance. The County will not issue permits, certificates, or licenses to occupy or use any part of the planned tmit development and the Count)' may stop ongoing construction activity until the project is brought into compliance with all terms, conditions and safe uar S of the planned unit development. " Owner Owner William L. Hoover - . Pres. Printed Name afCatalina Land Group, Inc" the Manager of Buckstone Estates, LLC & Wolf Creek Estates, LLe. STATE OFFLORIDA) COUNTY OF COLLIER) Sworn to (or affirmed) and subscribed before me this I B"TH day of :JUt.. Y , 2006, by (,)1 LLI -4"'-1 )JOOI1E'-1 who is personally knowlllo me or has produced as identificatiO(J' ___ ~~c:f ..'......._....11\. ~ ;r..............We.My..STEFU<. NotaI)l ublic . / : JE --IT. :,..1"1111/1, comfntl;~ : l;~~\ ~:wnooa "\CA.z='A~~ ~~ 1.,.- ~ (.tY3t~1 -""" tllllOl'3Z",2B4\ (Name l~~ ';r~n~c~ ~r stamped) "--- : '~,~,,~~\~:-}f ~1~~.~7.~;..~..1 :....................... Printed Name (Serial Number, if any) C:\Documcnts and Scttings\Owner\Local Scttings\Temporary Internet Files\OLK 7C\l97l_PUDRc2oncPetition-Sigl)ature-Hoover.doc Application POI' Public Hearing For PUD Rezone 6/14104 Agenda Item No. 88 May 22, 2007 Page 46 of 142 AFFIDA vir We/I, Catalina Lane! Graul>, lne. being first duly sworn, depose and soy that we/10m/are the owners of the property described herein and which Is the subiect matter of the proposed hearing! that all the answers to the questions In this application, including the disclosure of interest information, 011 sketches, data, and other supplementary matter attached to and mode a part of this application, ore honest and true to the best of our knowledge and belief. We/I understand that the Information requested on this application must be complete and occurote and that the content of this form, whether computer generoted or County printed shall not be altered. Public heorings will not be advertised until this appllcotlon Is deemed complete, ond 011 required i~formation hos been submitted. As property owner We/I further authorize Richard Yovanovich to act as our/my representative in ony motters regording this Petition, ~:lthq~ Signature of Property Owner Signature of Property Owner William L. Hoover - _ Pres, Typed or Printed Nome of Owner Typed or Printed Name of Owner 01 Calalina Lana Group, Inc., the Manager of Bucks/one Es/o/es, LLC & Woll Creek Estates, LLC The foregoing instrument was ackno~ledged before me this 81'-1 day of FE"M<JI'11.-j . 2007, by WII.L-/ A-tA-1 1../ 0 0 ~ who Is personally kno n to me or hos produced as identification. ,-- __u___ --.. State of Florido County of Collier '1.........'.'jE.REMY..si-5RK"'....'..'i ~~~~~ ~DD02981".: i' ~3IIJI2OOe: I ~~ _"""(800)432"'''1 l....~~'~I.......~.~2'~'i~~.i (Signo re of Notory Public - Stote of Florida) Jt='&.E 0-t- Y '5 '"TE"f2..tc (Print, Type, or Stamp Commissioned Name of Notary Public) S:lJohs\1 9xx\ 1971 \Documenls\Zoning\PUDAmelldmeul\1971 ]UDRczonePelltion-Signature-HooYl:r.doc Application For Public Hearing For PUD Rezone 6/14/04 Agenda Item ND. 8B May 22, 2007 Page 47 Df 142 COVENANT OF UNIFIED CONTROL The undersigned do hereby swear or affiml that we are the fee simple titleholders and owners of record of property commonly known as WoifCreek l'Uj)~'.grr;el~~J. & 8 (Street address and City, State and Zip Code) and I~ga.lly described in Exhibit A attached hereto. The property described herein is the suhject of an application for PUD Rezone Amendment planned unit development (RPUD) zoning. We hereby designate _Richar(LYovanovich . legal representative thereof, as the legal n:presentntives of the propelty and as such, these individuals are authorized to legally bind all owners of the properly in the course of seeking the necessary approvals to develop. This authority includes, but is not limited to! the hiring and authorization of agents to assist in the preparation of applications, plans, surveys, and studies necessary to obtain zoning approval on the site, These representatIves will remain the only entity to authorize development activity on the property until such time as a new or amended covenant of unified control is delivered to Collier County. The undersigned recDgnize the following and will be guided accDrdingly in the pursuit Df development Df the project: 1. The property will be developed and used in confonnity with the approved master plan including all conditions placed on the development and all commitments agrced to by the applicant in connection with the planned unit development rezoning. 2. The legal representative identified herein is responsible for compliance with all terms, conditions, safeguards, and stipulations rnade at the time of approval of the master plan, even if the property is subsequently s.old in whole or in part, unless and until a new or amended covemmt ofunifrcd control is delivered to and recorded by Collier County. 3-. A departure from the provisions of the approved plans or a failure to comply with any requirements. conditions, or safeguards provided for in the planned unit development proce:i:i will constitute n violation of the Land Development Code. 4, All terms and con~itions of the planned unit development approval will be incorporated into covenants and restrictions which run with the land so as to provide notice to subsequent owners that all developmcnt activity within the planned unit development must be consistent with those terms and conditions. 5. So long as this covenant is in force. Collier County canl upon the discovery of noncompliance with the terms, safeguards, and conditions of' the pJalU1cd unit development, seek equitable relief as necessary to compel compliance, The County will not issue pennits, cel1ificatcs, or licenses to occupy or use any pnrt of the planned uni1 development and the County may stop ongoing construction activity until the project is brought into compliance with all terms, comlitiulls' Id .suft:jguanls urihe planned unit development. ~. OWller Owner William L. HOOl'er - Pres. Prinl~d Name a/Catalina Land Group, Inc., the Manager of BueRslone EslOles. LLC & Wolf Creek Estales, LLC STATE OF FLORIDA) COUNTY OF COLLIER) Printed Name ed before me this 9'fZ{ day of teMuA , 2007, by who is person~ kno:W:_..!Q)l1e or has produced -~. ".":~,~;o -/~- JFtt'B-'1'f .5TEIZIc (Name typed, printed or stamped) (Serial Number, ifany) S :\Jobs\i 9xx\1 971 \Docunx:nts\Zontng\P1JDAmcndment\197 I ]UDRewllePetition~Signlll\lTe-H(loVeT.doe Applicnlinn For Public Hearing For PUD Rezone 6114/04 , Aoenda !tem No. 8B PU DZ-A-2OD 5-A:R)' 7'422',107 Wolf Creek Pt1~e 48 of 142 WOLF CREEK PUD OWNERSHIP January 18,2007 Parcell - #00204360009 Ownership: William L. Hoover, President of Catalina Land Group, Estates, LLC, 3785 Airport Road North, Suite B-1, Napies, Florida 34105. Inc., the manager of Wolf Creek PaI'eel 2 - #00203800007 Ownership: \Villiam L. Hoover, President of Catalina Land Group, Estates, LLC, 3785 Airport Road North, Suite B.I, Naples, Florida 34105. Inc., the manager of Wolf Creek Parcel 3A - #00203600003 Ownership: William L. Hoovcr, President of Catalina Land Group, Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. Inc., the manager of Wolf Creek Pareel3B - #00204761103 Ownership: Larry Abbo, Vice President of Portofino Falls Builders, Inc., 5555 Anglers Avenue #16B, Fort l.auderdaie, Florida 33312. Parcel 4 - #00203840009 Ownership: Larry Abbo, Vice President of Prime Homes at Porlofino Fails Limited, 5555 Anglers Avenue #16B, Fort Lauderdale, Florida 33312. ParcelS - #00204040002 Ownership: Larry Abbo, Vice President o[Prime Homes at Pnrtofino Falls Limited, 5555 Anglers Avenue #16B, Fort Lauderdaie, Florida 33312. Parcel 9 - #00204400008 Ownership: L1rry Abbo, Vice President of Portoiino Falls Builders, Inc., 5555 Angiers Avenue #16B, Fort Laoderdale, Florida 33312. Parcels 6, 7 & 8 (which have been plotted) are as follows; Ownership: William L. Hoover, President of Catalina Land Group, Inc., the manl:!gcr of Buckstone Estates) LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 341 05(owners oftbe foHowing lots): 2~200401689 24200402002 24200402028 24200402060 24200401663 24200402086 24200402125 24200402141 24200401621 24200402167 24200402248 24200402222 24200401605 24200402183 24200402264 24200402280 24200401582 24200402303 24200402329 24200402727 24200401566 24200402701 24200402662 24200402620 24200401540 24200402565 24200402549 24200402484 24200401508 24200402468 24200402442 24200402426 24200401485 24200402361 24200402345 24200401087 24200401469 24200401702 24200401744 24200401786 24200401427 24200401809 24200403166 24200403182 24200402963 24200403205 24200403221 24200403247 24200403027 24200403263 24200403289 24200403302 24200403043 24200403328 24200403344 24200403360 24200403124 24200403386 24200403409 24200401948 24200403140 24200401906 24200401362 24200400088 24200403548 24200400062 24200400046 24200401249 24200403522 24200403001 24200402947 24200402989 24200403506 24200400020 24200402921 24200401207 242004034R3 24200401304 24200401346 24200401320 24200403467 24200402646 24200401265 24200401841 24200403441 24200401281 24200401184 24200403425 S :\Iobs\i9xx\l97 l\Documellll\Zoning\PUDAmcndmen!\ 1971_ Ownership,doc Agenda Item No. 86 May 22, 2007 Page 49 of 142 O,,",ership: Michael J. Peel, President of Gu]fstream Florida 34109 (owners of the following lots): 24200401647 24200402206 24200402400 24200401980 24200401401 24200401964 Homes, Inc., 6646 Willow Park Drive, Naples, 24200402688 24200401883 Ownership: David L. Diamond, President of DeAngelis Diamond Construction, Inc., 6635 Willow Park Drive, Naples, Florida 34109 (owners ofthc following lots): 24200401922 24200401524 24200403085 24200403108 24200402109 24200401728 24200401867 24200403069 24200402044 24200401760 Individual Ownership: 24200401443 - Scan S. & Tara Lee Williams, 3815 Groton Ct., Naples, FL 34112 24200402604 - Craig J & Jeneane P. Bennett, 14949 Indigo Lakes Drive, Naples, FL 34119 24200402584 - Francis J, & Virginia E. Madden, 3670 2nd Avenue SE, Naples, FL 34117 24200402523. Carrie H. Walters & Scott E. Homer, 480 Robin Hood Cir Apt. 201, Naples, PI. 34104 24200402507 - Dale & Kimberiy Hogue, 4581 26ili Avenue SE, Naples, FL 34116 24200402387 - David G. & Bridget M, Fairbrother, 1392 Areca CV, Naples, FL 34119 24200401825 - Adam W. & Christina M. Johnson, 15834 De]aplata Lane, Naples, PI. 34110 Breakdown of tile Wolf Creek Estates, LLC (Owner afPareels I. 2 & 3\ % of Share 25% 17.5% 27.5% 7.5% ]5% 5% 2.5% _ 100% Owners Name & Address Thomas A. & Julie 1.. Hoover, 4025 Hillman Road, Morral, OH 43337 Q. Grady & Naney P. Minor, 5172 Seahorse Avenue, Naples, FL 34103 Morning Glorys, Inc.', 9225 Gulf Shore Drive North, Nap]es, FL 341 08 Robert & Kay A. Hartman, 211 09 Pargillis Road, Bowling Green, OH 43402 William L. & Charlene S. Hoover, 3785 Airport Road North, Suitc B-1, Naples, FL 34105 Thomas Beaver, 345 Esther Slreet, Naples, PI. 34104 Jeffrey L. & Leaetta Q_avjd~on. 2154 Trade Center Wav #3. Nap!!>s. FL 34109 Totals 'Peter Tierney, President and Michael Moore, Vice-President and each own 50% of Morning GlOl)'S, Inc. Catalina Land Group, Inc.) owned 100% by William L. Hoover and Charlene S. Hoover) is the Managcr ofWo]f Creek Estates,LLC. Q. Grady Minor and Jeremy Sterk are its V.P., Charlene S. 1I00ver is Sec.lTreasurer, and William L. Hoover is President of Catalina Land Group, Inc. Breakdown of Prime Homes at Porto fino Falls. Ltd. (Owner of Parcels 4 & 5) Owned by Portofino Falls Builders, Inc., 5555 Anglers Avenue #16B, Fort Lauderda]e, 1'1. 33312. Preddy Abbo is President, Larry Abbo is Vice-President, Edward Abbo is Secretary, and Eva Ahbo is Treasurer of Porto fino Falls Builders, Inc. and combined they own 100% of Porto fino Falls Builders, Inc. Breakdown of Porto fino Falls Builders, Inc. (Owner of Parcel 9) Freddy Abbo is President, Larry Abbo is Vice-President, Edward Abbo is Secretary, and Eva Abbo is Treasurer of Porlofino Falls Builders,lnc. and comb in cd thcy own 100% of Porto fino Falis Builders. Inc., 5555 Anglers Avenue #16B, Fort Lauderdale, FL 33312. S:lJobs\19xx\1971 \DDCtml(lnls\7.ml~ng\PUDAmendmenl\1971_ OWl1o:ahip.dl)C ,,' .AgElnda Item No. 88 May 22, 2007 Page 50 of 142 Breakdowns of Owner"shin for Parcels 6. 7 & 8: Bllckstone Estates. LLC % of Share Q.ymcrs Name & Address 5% Thomas Beaver, 345 Esther Street, Naples, FL 34]04 10% Timothy & Susan Brick, 5095 Seahorse Avenue, Naples, PL 34103 5% William L. & Charlene S, Hoover, 3785 Airport Road North. Suite B-1. Naples, FL 34105 1% Richard D, & E, Michele Yovanovich, 400] N. Tamiami Trail #300. Nap]es, FL 34]03 26% Morning Glorys, Inc,', 9225 Gulf Shore Drive North, Naples, FL 34108 I % Brian A Hoover. 175 Running Deer Trai], Lake Helen, FL 32744 2% Jeremy & Rita-Bhaduri Sterk, 2875 Garland Road, Naples, FL 34] 17 6% Robert & Kay A. Hartman, 21109 Pargillis Road, Bowling Green, OH 43402 5% Jeffrey L. & Leactta Davidson, 2154 Trade Center Way #3, Naples, flL 34109 15% Thomas & Julie Hoover, 4025 Hillman Road, MorraJ, OH 43337 ?4'?'o 0, Gradv <!o N~pcv p, Minor. 5 I 72 Seahorse A venu~,NaDles, flL 34 I 03 100% Totals . *Peter Tierney, President and Michael Moore~ Vice-President and each own 50% of Morning Olo1'Ys, Inc. Catalina Land Group, lnc,) owned 100% by William L. Hoover and Charlene S, Hoover) is the Manager of Wolf Creek Estates, LLC. Q, Grady Minor and Jeremy Sterk are its V.P., Charlene S, Honver is Sec./Treasurer, and William L. Hoover is President ofCataJina Land Group, Inc. Gulfstl'cam Homes. Inc. Michael J. Pee] is President, Stephen L. Peel is Vice-President, and Renee T, Peter is Secretary of Gulfstream Homes, Inc. and combined tbey own 100% of Gulfstream Homes, Inc" 6646 Willow Park Drive, Naples, FL 34109. DcAm!clis Oiamond Construction. Inc. David 1.. Diamond is President and Trcasurerl and John M. DeAngelis is Vice~Presidellt and Secretary of DeAngelis Diamond Construction, Inc. and combined they own 100% of DeAngelis Diamond Construction, [nc., 6635 Willow Park Drive, Naples, FL 34]09. Individual Lot Owners Sean S. & Tara Lee Williams, 3815 Groton Ct., Naples, FL 34112 - 100% ownership Craig J & Jeneane P. Bennetl, 14949 Indigo Lakes Drive, Naples, PL 341 19 - 100% ownership Francis J. & Virginia E. Madden, 3670 2"" A vcnue SE, Naples, FL 34] 17 - 100% ownership Carrie H. Walters & Scott E, Horner, 480 Robin Hood Cir Apt. 20 I, Naples, FL 34104 - ] 00% ownership Dale & Kimberly Hogue, 4581 26,h Avenoe SE, Naples, FL 341 16 - ] 00% ownership David G, & Bridget M, Fairbrother, 1392 Areca CV, Naples, FL 34] 19 - 100% ownership Adam W, & Christina M, Johnson, 15834 Delaplata Lane, Naples, FL 341 10- ] 00% ownership S:\J[)h~\ 19xx\ 1971 \DoclUmnts\Zonill!l\PIJDAmendmcnt\1971_ Owner~hil'.d(Jc Agenda Item No. 8B REV.May 22, 2007 I'UDZ-A-2005-AR_7422 Page 51 of 142 PROJECT #2005040002 DATE: 9/28/06 KA Y DESELEM p PRIMEHO~~~~~~:p~: September 19,2006 Mrs. Kay Desclem, AIel' Collier County Developmcnt Services 2800 Horseshoe Drive North Naples, Florida 34104 Reference: WOLF CREEK PUD AMENDMENT PUDZ-A-2005-AR-7422 Dear Mrs. Deselem; Please accept this letter as verification that the water distribution and sewage collection facilities within the above project area will be dedicated to Collier County Utilities upon completion of construction in aecordance with all applicable County ordinances. We also agree that the applicahle system development charges and connection fees wlll be paid to Collier County Utilities prior to issuance of building penuits by the County. STA IE OF FLORlDA) COUNTY OF B!1.ow,l,1l,f}) . Sworn to (or affirmed) and stscribed before me this 2006, by r-A/tlti /tBJ.) to me or has produce '2-1 day of S e: P r iZ'fI1l> e:,A- who is personally known as identification, ~k~ Notary Public GVp,)p.A ,(OCf')LO(r (Name typed, printed or stamped) 'Il\~Vt', Linda Socolow l~";':';~" Com.mission #DD20 1844 ~.~\ 'll':;~ Expires: May 17,2007 \~ ~,~ Bonded Thm ~f ,U\~~ Atlantic Bonding Co" Ino. Df) 2.0 fa '-I C; (Serial Number, if any) 5S'S Anglors AVenuo /I 16 B Fort Lauderdu.le. FL 33312 Telephone {9l4)392-8788 . Fecslmlle (954) 392.8748 www.primehomebuildem.com A.CJenda item No. 8B o May 22. 2007 Page 52 of 142 p PRIMEHO~~b~~~"L~;"~;: September 19,2006 Mrs. Kay Deselem, AICP Collier County Development Services 2800 Horseshoe Drive North Naples, Florida 34104 Reference; WOLF CREEK PUD AMENDMENT PUDZ-A-2005-AR-7422 Dear Mrs. Deselem: Please accept this letter as verification that the water distribution and sewage collection facilities within the above project area will be dedicated to Collier County Utilities upon completion of construction in accordance with all applicable County ordinances, We also agree that the applicable system development charges and connection fees will be paid to Collier County Utilities prior to issuance of building permits by the County. ATE OF FLORIDA) COUNTYO~H)f^,hJ..~ . Sworn to (or affirmed) and subscribed before me this J I 2006, by . LIII!..!...,! 4 gAD to me or has produced day of Sf, 1'1 Un J e f.I.. who is personally known as identification. ,\;~v~4t" Linda Socolow I'I:::;;.,:.;,,~ Commission #0020 1844 ~;:" \fJ.::i Expires: May 17,2007 "';:'"1 OP j.(6~~'~ Booo<:d Thru '111111\\' Athmtf<:BondingCO.,lno. ~1.4_ ~ Notary Public U/Jj,1 SOC () uJ 0 (Name typed, printed or stamped) IJ I') LOLty <ILl (Serial Number, if any) 5555 Anglers Aver;uetl16 B Port Lauderdale, PL33312 Telephone (954) 392-8788 - Facsimile (954) 392.8748 www.primehomebullders.com 2006 LIMITED PARTNERSHIP ANNUAL REPORT DOCUMENT# A030000D1738 - Entity Name: PRIME HOMES AT PORTOFINO FALLS, LTD FIL OAgenda Item No. 88 E May 22, 2007 Apr 25, 2008''1ge 53 of 142 Secretary of state Current Principal Place of Business: New Principal Place of Business: 21218 SAINT ANDREWS BLVD. #510 BOCA RATON, FL 33433 5555 ANGLERS AVE. SUITE # 16B FT LAUDERDALE, FL 33312 Current Mailing Address: New Mailing Address: 21218SAINT ANDREWS BLVD. #510 BOCA RATON, FL 33433 5555 ANGLERS AVE. SUITE # 16B FT. LAUDERDALE, FL 33312 FEI Number; 30-0220291 FEl Number Applled For [ } FEI Number No! Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: STEVEN B. GREENFIELD, ESQ 7000 W. PALMETTO PARK RD BOCA RATON, FL 33433 US The above named entity submits this statement for the purpose of ohanglng Its registered office or registered agent, or both in the state of Florida. ' SIGNATURE; Electronic Signature of Registered Agent Dale GENERA/.. PARTNER. INFORMATION: ADDRESS CHANGES ONL. Y: Document #: ,\lame: Address: Clty~S1.Zip: p03oa0150142 PORTOFINO FALLS BUILDERS, INC. 2121B SAII-IT ANDREWS BLVD. #510 BOCA RATON. FL 33433 Address: CII~-St-Zip; S555 ANGLERS AVF.. SUITF. # 166 FT. LAUDF.RDALF.. FL 33312 I hereby certify that the information supplied with this filing does not qualify for the for the exemption stated In Chapter 119, Florida Statutes. I further certify that Ihe information Indicated on this report Is true and accurate and that my electronic signature shall have the same legal effect as If made under oalh; that I am a General Partner of the limited partnership or the receiver or trustee empowered to execute this report as required by Chapter 620, Florida Statutes. SIGNATURE: PORTOFINO FALLS BUILDERS, INC. Electronic Signature of Signing General Partner 04/25/2006 Date Details ~ .. AgendGP~l,ofjB May 22 2007 Page 54 of 142 Scroll for Additional Information I ~ Folio No.11 00204040002 Current Ownership Property Addressll7373 VANDERBILT BEAC RD PRIME HOMES AT PORTOFINO FALLS 21218 SAINT ANDREWS BLVD # 510 BOCA RATON State FL ZIpl133433 - 2449 Legall134 45 25 S1/2 OF SE1/4 OF SW I 1/4 LESS RIW Section ~ Township II Rango Ii Acres 34 4B I 2e I 15.97 Sub No. I 100 I ACREAGE HEADER '1J JJ~e Co~e 99 NON-AGRICULTURAL ACREAGE ~ Map No. I Strap No. 3B34 482634019.0003B34 I "I'J MilIag~ "I'J Mil1BM I 36 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value I $ 3,194,000,00 I (+) Improved Value $ 0.00 (=) Market Value $ 3,194.000.00 H SOH ExemptValue $ 0.00 (=) Assessed Value $ 3,194,000.00 H Homestead and other Exempt Value I $ 0.00 I (-) Taxable Value I $ 3,194.000.00 I Date II Book ~ PagEl II Amount 10/2004 II n.a-1oA2 I $ 2,484,000.00 07/2002 I 3081 - 556 I, $ 1,104,700.00 05/1974 592.1450 $ 0,00 I SOH = "Save Our Homes" exempt value due to cap on assessment increasos. http;/IVf'Nw.collierappraiser.comlRccordDetail.asp?Fol io ID~OOOOOO 0 20404000 2 1/16/2007 Details ,A,genda Itella!ll(lI8Bf2 May 22, 2007 Page 55 of 142 Aerial Folio No.1I 00204761103 ~ Current Ownershi Property Addressl NO SITE ADDRESS Scroll for Additional Information II Owner Nom.1I PORTOFINO FALLS BUILDERS INC Addresseslz1218 SAINT ANDREWS BLVD# 610 Clty!1 BOCA RATON II Ststell FL zipl 33433 - 2449 L.gall 344826 COMM AT Sl/4 CNR OF I SEC 34, N020EG W 200S.53FT & POB, NB9DEG W 124SFT, N02DEG W 420.21FT, SB9DEG E 124SFT, S ~For more than four lines of Legal DescriptIon please cell the PropGrty Apprals{lf's Office. Section Ii Township Range II Acras 34 4B 26 12 Sub No. I 100 ACREAGE HEADER 1'1 U~~~._d.. I 99 NON.AGRICUL TURAL ACREAGE II Map N.. 3B34 Strap No. 482634047.0003834 1l MIUag.Area L 36 1'1 Millo9<l 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 2,100,000.00 (i') Improved Value $ 0.00 (=1 Markel Value S 2,100,000.00 H SOH Exempt Value $ 0.00 (=1 Assessed Value $ 2,100,000.00 H Homestead and otllor Exempt Value $ 0.00 Book - Pag9 3961,_2798 Amount I $ 2,610,000.00 I Date 08/2005 l (=) Taxable Value II $ 2,100,000.00 I SOH'" "Save OUf Homes" exempt value due to cap on assessment Increases. h ttp ;//www.collicrapprai~er.com/RecordDetai 1.asp?F 0 Jio TD=0000000204 7 611 03 1/16/2007 Details ~ AgendB'lgllnlr'llf 48 May 22, 2007 Page 56 of 142 Scroll for Additional Information I ,A,Q,rial Folio No,11 002031140009 Current Ownership Proporty Addressll NO SITE ADDRESS Owner Nam.1I PRIME HOMES AT PORTOFINO l TO Addresses: 21216 SAINT ANDREWS BLVD # 510 City, BOCA RATON Slate FL Zip 33433 - 2449 legal134 46 26 Nl12 OF SEl14 OF SWl14 20 AC PRO 1749 OR 982 I PG 392-393 Sactlon II Township Range Acres 34 46 26 25,66 Sub No. I 100 I ACREAGE HEADER '1J-),.t!!~~ 99 NON-AGRICULTURAL ACREAGE Map No. 3B34 Strap No. 462634 015,0003834 -1'J~IlAr1>a ! "/l'J MJJlllgo, 11,9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 3,500,264.00 (+) Improved Value $ 0.00 (-) Market Value $ 3,500,284,00 (-) SOH Exempt Valu. $ 0.00 (=) Assessed Value $ 3,500,284.00 (-) Homestead and other Exempt Value $ 0,00 (;;\-Taxable Value $ 3,500,284.00 I Date II Book R Page I Amount I 1012004 I 3659 -_lJl3~ $4,416,000.00 04 1 2004 :lli42 - ,1654 $ 1,900,000.00 01/ 2003 nO,3,li!Sl' $ 450,000,00 011 2003 3203 - 195~ $ 450,000.00 06/1998 2431 -~3 $ 0.00 I 05/1998 II illi: 752 II $ 0.00 I SOH" "Save Our Homes" exempl value due to cap on assessment increases. http://www.colliel.appraiser.comlRecol.dDetail.asp?FolioID=0000000203840009 111612007 Details ~ Agend,pagr:hl-,of~ May 22, 2007 Page 57 of 142 Scroll for Additional Information I AerJ!!I Falla No.11 00204400008 Current Ownership Property Addressll NO SITE ADDRESS Owner Namel PORTO FINO FALLS BUILDERS INC Addre..e.121218 SAINT ANDREWS BLVD City BOCA RATON II Slatell FL II ZlolI 33433. 2449 I I I Legal134 4828 S112 OF NE114 OF SW114 20 AC DR 772 PG 1524 Section 34 Township 48 Range 26 II Acres 20 Map No. 3B34 II Strap No. I 11482634027,0003834 I Sub No. JG Use Code 100 99 I ACREAGE HEADER NON-AGRICULTURAL ACREAGE ~ ~:Ur~' II ~ Millage 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History land Value $ 3,500,000.00 (+) Improved ValuB $ 0,00 {=) Market Value $ 3,500,000.00 (-) SOH Exempl Value $ 0.00 (=) Assessed Value $ 3,600,000.00 H Homestead and other Exempt Value $ 0.00 (=) Taxable Value $ 3,500,000.00 Date Book M Page 04/2006 1 40:26 ~ 4081 1 10 I 2000 I 2730 - 22l! I Amount [ $ 3,300,000.00 1 $ 0.00 I SOH = "Save Our Homes" e:<empt value due to cap on assessment increases. http://wv-..w.collierappraiser.com/RecordDetail.asp./FolioID=OOOOOO0204400008 1/16/2007 Dctails A.genda 11J'ri\g~11'5i2 May 22. 2007 Page 58 of 142 fuWaI Folio No.11 00284360809 EIIBI Current Ownershi Property Addressl NO SITE AODRESS Scroll for Additional Information II Owner Namell WOLF CREEK ESTATES LLC Addre..esI3775 AIRPORT PULLING RD N # B City NAPLES State I FL Zip 34105. 2530 Legall134 4B 26 S112 OF SW114 OF I NW114 20 AC OR 8B1 PG 342 Section II Township ~ Range 34 48 26 Sub No. II 108 Ii ACREAGE HEADER 11 V..e-.C_Ooe 2 I MOBILE HOMES Acres 20 I Map No. Strap No. 3834 462634 026.8883834 Ii 11 Mill.go.Are.a ~ 11 Millage 36 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History I Land Value $ 3,500,080.88 I (+) Improved Value $ 17,574.00 I (=) Market Value I $ 3,517,574.08 (-) SOH Exempt Value $ 8.00 (=) Assessed Value $ 3,517,574.00 (-) Homestead and othEl'r Exempt Value $ 0.08 (-) Taxable Value $ 3,617,574.00 Date I Book ~ Page :1 Amount I 04/ 2004 3.M/.,..1tlI I $ 2,534,900.08 I 01 12002 n ~, 2603 n $ 600,000.00 I 08/1980 -n 881 .342 II $ 0.00 I SOH,:: "Save Our Homes" exempt value due to cap Oft assessment increases. http://www.collierappraiser.com/RecordDetail. asp?F 0 lioID~O()00000204 3 60 009 1/1612007 Details MIla! Folio No,11 00203800007 Current Ownership Property Addressll4526 WOLFE RD Agencl;-llMrrt ~;43B May 22, 2007 Page 59 of 142 Scroll for Additional Information I ~ Owner Namet WOLF CREEK ESTATES LLC Addre....1 3776 AIRPORT PULLING RD N # B Cltyl NAPLES II Statell FL Legal II 34 48 26 51/2 OF SE114 OF " NW1/4 II ZIpl134105 .2530 "1 Section II Township Range 34 48 26 Sub No. il 100 ~ ACREAGE HEADER 1'JUftQ<W~ 2 MOBILE HOMES Acres 20 Map No. 3B34 Stra No. 482634014.0003834 1'J M!JlajJoArD 36 4'i Ml!la~. 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 3,500,000.00 (+) Improved Value $ 69,570.00 (=) Markot Value $ 3,568,670.00 (-) SOH Exempt Yalue $ 0.00 (~) Assessed Valuo $ 3,569,570.00 (-) Homestead and other Exempt Value $ 0.00 (.=) Taxable Value $ 3,569,570.00 Date I Book - Page II Amount I 04 / 2004 3~- 1Ql1 $ 2,534,900.00 10/2001 ~J)7---ill.1 $ 970,000.00 07/1999 ZMl., 687 $194,700,00 11/1997 2365 , tO~ll $190,000.00 SOH;; "Save Our Homes" exempt value due to cap on assessment increases. http;/ /www.collierappraiser.com/RecordDetail.asp?FolioID=0000000203800007 1/16/2007 Details mIEDI . .. Agend~~!i;,II',R{BB May 22, 2007 Page 60 of 142 Scroll for Additional Information I -~ P.~ri<!.1 Folio No.11 00203600003 Current Ownership Property Addressll NO SITE ADDRESS Owner Nam.1I WOLF CREEK ESTATES LLC Addre..e.: 3775 AIRPORT PULLING RD N # 8 City. NAPLES Slate FL Zip 34105 - 2530 legal 3448 26 N1/2 OF NE1/4 OF SW114 LESS A PORTION OF THE SW 1/4 OF SEC 34 AS DESC IN OR 3881 PG 2798 "For more thlm four lines of Legal Dcscrtpt10n plea so call th~ Property Appraiser's Office. Section If Township II Range II Acres 34 48 26 [ 8 Sub No. I 100 I ACREAGE HEADER '1J Us. Code 99 NON-AGRICUL TURAL ACREAGE Map No, 3834 I Strap No. 462634009.0003834 v('J Millage Area 36 .r~ Millllge 11.9374 2006 Final Tax Roll (Subject to Change) If all Values shown below equal 0 this parcel was created after the Final Tax Roll Latest Sales History Land Value $ 1,400,000.00 (+) Improved Value $ 0.00 {=) Market Value $ 1,400,000.00 (-I SOH Exempt Value' $ 0.00 (=) Assessecf Value $1,400,000.00 - (-) Homestead and other Exempt Value $ 0.00 (=) Taxablo Value $ 1,400,000.00 Date I Book - Page II Amount I 04/2004 II m7-101fi I $1,332,900.00 I 02 / 2004 3501~ $ 0.00 12/2001 2,943 . 2.671 $ 792,000.00 03/1995 2040 ~ 2373 $180,000.00 02/1993 1799.-1538 $ 0.00 SOH = "Save Our Homes" exempt value due 10 cap on assessment increases. h1tp:/ /www.coIlierappraiser.com/RecOTdDetail. asp 'IF 0 I iol D=O 00000020 3 600003 1/1 6/2007 (i) Agenda Item No, 8B May 22, 2007 Page 61 of 142 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 " COlliER COUNTY GOVERNMENT - "EPT. OF ZONING & lAND DEVELOPMENT REVIEW VWW.COlLIERGOV.NET [ PRE-APPLICATION MEETING NOTES [1&ug~~:i~ih.~E]pQQfQP09 Ite~pn~' ....' i Dote: /;;/.- 9 roLf Time: Project Name: __LO~ Applicant Name, B (:0 Owner Name: 1>r0-/"lA.L Owner Address, /, 1:5 ~L ?Ul> t(onvif \-{ ~ B vvt (dftvo Firm: Phone: City State ZIP Assigned Planner M~,fi;.:i ^'i'~"de(i~, ""'i;U,,., <l""".n"".,,,,'! ke,~ 1;)(l1(~ (ci"!i:'~il' :it J~ ~if!';,~'\ ,J!!'I",v )5lJL,Q ".",""",, PUDZ-A-2005-AR-7422 PROJECT # 2005040002 DATE: 4/6/2005 HEIDI WILLIAMS Submittal Requirements (refer to application for additional r9quirem~nts) 24 Copies of the following: (0 1 additional set if located in the 8ayshore/Gateway Triangle Redevelopment Area) Ef" Completed Application ~ Pre-application Meeting Notes c;:;r Conceptual Site Plan 24X 36" and One 8 V2 X 11" copy [5/ PUD document and Moster Plan plus one 24" x 36" copy of the Ma,ter Pion 2 Copies of the following. ' E( Deed,/Legals & Survey (If boundary of originol PUD is amended) W List Identifying Owner & all porties of corporation [!j OwnerjAgentAffidavit signed & notarized GY Completed Addressing Checklist ~C;wies of the Following, ~ Environmental Impact Statement (EiS) or waiver l.:J ~ Historlcal Surveyor waiver request IT Utility Provisions Statement w/sketches o Architectural rendering of proposed structures ~ Architectural Reviow required L2'::J SurveYI signed & sealed d Seven (7) Trofflc Impact Statement (TIS) or woiver ~ Five (5) copies of Recent Aerial Photograph [with habitat areas defined) min 'co led 1" = 400' 8/ ~ One (1) Electronic copy of 011 documents in Word format ond pions (CDRom or Diskette) One (1) Letter of no obiection from the United States Postal Service. Contact Robert M. Skebe at (239) 435-2 \ 22. I l I I )f1 HOOVER PLANNING & DEVELOPMENT, INC. Land, Environmental & Traffic Planning Consultants 3785 AirpOli Road NOlth, Suite B-1, Naples, Florida 34105 Phone 239-403-88991 fax 239-403-9009 E-Mail billhlalhooverplanning.com .li,qenda item r\jo~ 88 ~ May 22, 2007 Page 62 of 142 March 21, 2005 PU DZ-A-2005-AR-7 422 PROJECT # 2005040002 DATE: 4/6/2005 HEIDI WILLIAMS RE: Tramc Impact Study for Proposed Wolf Creek PUD Amendment, Located NW orthe Intersection Between Collier Blvd. and Vanderbilt Beach Road EXECUTIVE SUMMARY The Wolf Creek PUD Amendment increases the PUD size to 178,10 acres, is proposed for a maximum of708 homes, and is located on the north side of Vanderbilt Beach Road, about Y2 mile west of Collier Boulevard. Currently the Wolf Creek PUD comprises 147.69 acres and is approved for 591 units. The PUD is proposed to be increased by 30.41 acres and 117 units. The Wolf Creek PUD is expected to be comprised of 2 subdivisions and I condominium project. To assist County staff in their evaluation of this traffic impact study the project's traffic has bccn split into 3 phases. Phase I represents projected occupancies of245 condos and 67 single-ffilllily homes in late 2006, Phase 2 estimated occupancies totaling 490 condos and 131 single-family homes in late 2007, and Phase 3 projected total occupancies of 490 condos and 218 single-family homes in late 2008. The proposed Wolf Creek PUD Amendment at build-out would generate 342 AM Peak Hour tlips, 446 PM Peak Hour trips, and 4638 Weekday Daily trips. However based on the previously approved Wolf Creek PUD and its approved traffic impact study dated August 4, 2003, this would be an increase of only 34 AM Peak Hour trips, 46 PM Peak Hour trips, and 508 Weekday Daily trips. Collier Boulevard, between Immokalee Road and Golden Gate Boulevard, and Vanderbilt Beach Road, between Ai1'p01t Road and Logan Boulevard, are both cun'ently at LOS F. However, all of these roadway segments that are at LOS F are scheduling for widening commencing in FY :W05 or FY 2006 (see Exhibit 10). Significant occupancies for Phase I traffie within the Wolf Creek pun are anticipated to start in early 2006. The proposed Wolf Creek pUD Amendment meets the Traffic Circulation Element of the County's Growth Management Plan due to these scheduled roadway projects and with thc widening of Vanderbilt Beach Road, between Logan Boulevard and Collier Boulevard, in FY 2007, This roadway link is currently at LOS B. INTRODUCTION The Wolf Creek PUD is located 1/2 mile west of Collier Boulevard on the north side of Vanderbilt Beach Road. A vicinity map is attached as Exhibit 1. The applicants are proposing to add approximately 30.41 acres to the existing 147,69 acres in the Wolf Creek PUD to make the total site area 178.10 acres. The Wolf Creek PUD is cun-ently approved for a residential community of up to 59 I homes and is proposed to add another ] 17 units to have a community comprising a maximum of 708 homes. The project will gain access to the County arterial roadway network via a new nO!th-south roadway along the half-section line (Pristine Drive) running from Vanderbilt Beach Road to Wolf Road and a loop roadway recently built around the Mission Hills Shopping Center. The developers of the Black Bear Ridge Subdivision within the W oif Creek PUD have already " Agenda Item No. 88 May 22, 2007 'd "". h " f th f I I d . Pwe 63 of 142 pal a laJr-s are 0 e costs 0 t le oop roa way constructIOn expenses. me developers of the Wolf Creek PUD, at tJleir sole cost, will construct Pristine Drive from Vanderbilt Beach Road to Wolf Road. Wolf Road has been previously agreed to be constructed and paid for by developers of adjoining lands to the north and east. To cooperate in the construction of Wolf Road, the developers of Wolf Creek PUD will grant casements, at no cost to the neighboring developers, along the notihedy 30 feet of parcels located east of Pristine Drive and fronting on Wolf Road, Upon completion of both Pristine Drive and Wolf Road, this will act as an outer loop roadway. The 2 loop roadways will provide direct access for residences within the Wolf Creek PUD and within several proposed neighboring projects onto both Collier Bouleval'd and VaJlderbilt Beach Road. It will provide these same residents direct access to the proposed Mission Hills Shopping Center and the proposed Carolina Village Mixed Use Center (located on the west side of Mission Hills) without the residents getting onto the County's alierial roadway network. Additionally, both loop roadways call handle some "cut-through" traffic to alleviate the stress on the Collier Boulevard and Vanderbilt Beach Road intersection. At this time, the Wolf Creek PUD is projected to be comprised of approximately 490 condominiums and approximately 218 single-faJnily homes. The 490 condominiums are expected to be built within the southwest pOliion of the site in 2 phases (called "The Falls of Portofino"). The first phase is expected to commence construction in mid-2005 for approximately 245 units. The second phase is aJlticipated to be for another 245 condominiums. The land located east of proposed Pristine Drive is intended for a 3. phased, single-family project (Black Bear Ridge Subdivision) and Phase I construction of 67 homes is anticipated to commence in April 2005, The later phases for Black Bear Ridge are expected to comprise an additional 64 homes. As tile Black Bear Ridge Subdivision nears sell-out, the planned Wolf Creek Subdivision, located in the northwest portion of Wolf Creek PUD, is intended to be constructed. It is expected to start construction in late 2006 or early 2007. It is expected to have about 87 single-family homes with the homes occupied by the end of2008, To assist in the evaluation of this traffic impact study (TIS), the project's estimated traffic has been preliminarily split into 3 phases. For purposes of this TIS, Phase 1 represents projected' residential occupancies in late 2006, which is estimated to be 245 condominiums and 67 single-fanlily detached homes in Black Bear Ridge Subdivision. Phase 2 represents anticipated residential occupancies in late 2007, which is projected to include all of the remaining condominium units (estimated at another 245 W1itS) and the remaining homes in Black Bear Ridge Subdivision (estimated at another 64 homes). Phase 3 represents projected residential occupancies in late 2008, which includes all 87 of the estimated single-family homes in the Wolf Creek Subdivision. TRIP GENERATJ ON The ITE's 6th Edition of Trip Generation was utilized to estimate the number of trips. Category "Single-Family Detached Homes (210)" was used to represent the single-family homes and Category "Residential Condomilliumffownhouse (230)" was used to represent the condominiums. The computations were based on the number of proposed dwelling . Agenda Item NO..8B fv'1ay 22, 2007 SINGLE-FAMILY DETACHED HOUSING (210) (Based on #Units = 218) Page 64 of 142 formula = Number ofTIiJ1s per Time Period Enter(%)/Exi1(%) Ln(T)=.920 Ln(x) + 2.707 = 2124 Weekday Daily Trips 1062(50%)/1026(50%) T=0.700(x) + 9.477 = 162 Wkdy. AM PK HR of Adj. St. 41(25%)/121(75%) Ln(T)=O.901 Ln(x) + 0.527 = 217 Wkdy. PM PK HR of Adj. St. 139(64%)178(36%) RESIDENTIAhCONDOMINIUMffOWNH0l.:JSE(-230) (Basedon#Units = 490) Formula = Number of Trips per Time Period Enter(%)/Exit(%) Ln(T)=.850 Ln(x) + 2.564 = 2514 Weekday Daily Trips 1257(50%)/1257(50%) Ln(T)=O.790 Ln(x) + 0.298 = 180 \Vkdy. AM PK HR of Adj. St, 31(17%)/149(83%) Ln(T)=0.827 Ln(x) + 0.309 = 229 Vlkdy. PM PK HR of Adj. St. 153(67%)176(33%) PROJECT'S TOTAL TRIPS FOR ALL 708 UNITS Formula = Number of Trips Del' Time Period 2124 + 2514 = 4638 Weekday Daily Trips 162 + 180 = 342 Wkdy. AM PK HR of Adj, St. 217 + 229= 446 \Vkdy. PM PK I-IR of Adj. St. Enter(% )!Exit(%) 2319/2319 72/270 292/154 PHASE 1 TRAFFIC SINGLE-FAMILY TRIPS FOR PHASE 1 (30.7% of SIF Total Trips) En1er(%)!Exit(%) 326/326 13/37 43/24 Formula = Number of Trips per Til1;le Period 2124 x .307 = 652 Weekday Daily Trips 162 x .307 = 50 Wkdy. AM PK HR of Adj, St. 217 x .307 = 67 Wkdy. PM PK HR of Adj. St. CONDOMINIUM TRIPS FOR PHASE 1 (50% of Condos Total Trios) Fonnula = Number of Trips oer Time Period Entel'(%)/Exit(%) 2514 x .50 = 1258 Weekday Daily Trips 629/629 180 x .50 = 90 Wkdy, AM PK HR of Adj. S1. 16174 229 x .50 = 114 Wkdy. PM PK HR of Adj. St. 76/38 PROJECT'S TOTAL TRIPS FOR PHASE I Fonnula = Ntmlber of Trips per Time Period 652 + 1258 = J91 0 Weekday Daily Trips 50 + 90 = 140 Wkdy. AM PK HR of Adj. S1. 67 + 114 = 181 Vi'kdy. PM PK HR of Adj. St. Entcr(% )!Exit(%) 955/955 29/111 119/62 PHASE 2 TRAFFIC SINGLE-FAMILY TRIPS FOR PHASE 2 (60% ofSIF Total Trills) Formula = Number of Trios per Time Period Enter(%)lExit(%) 2124)( .60 = 1274 Weekday Daily Trips 637/637 162 x .60 = 97 Wkdy. AM PK HR of Adj. St. 24/73 217 x .60 = 130 Vi'kdy. PM PK HR of Adj. St. 83/47 3 ..' Agenda Item No. 8B May 22. 2007 Airport Road, between Vanderbilt Beach Road and Pine Ridge Road, is shown to bt'!t't 65 of 142 LOS D during AADT and at LOS E during PSDT. Collier Boulevard, between Immokalee Road and Golden Gate Boulevard, is shown to be at LOS F during both AADT and PSDT. The project's Phase I traffic does not lower the LOS on any roadway link in 2006 for the AADT but does lower the LOS on Vanderbilt Beach Road, between Collier Boulevard and Logan BoulevaJ'd, from LOS B to LOS F for PSDT. FUTURE TRAFFIC AT BUILD-OUT OF PHASE 2 (2007) Exhibit J7 shows the traffic conditions for Annual Average Daily Traffic and Exhibit 18 shows the traffic conditions for Peak Season Daily Traffic in late 2007, both with aJld without the project's Phase 2 traffic. During AADT in 2007, all roadway segments within the project's Phase 2 RDI are projected to be at LOS B, both with and without the project's traffic except for Airport Road, between Vanderbilt Beach Road and Pine Ridge Road, that is projected to be LOS E. During PSDT in 2007, Vanderbilt Beach Road, between AirpOJ1 Road and Livingston Road, falls to LOS C and Collier Boulevard, between Green Boulevard and Golden Gate paJ'kway, falls to LOS F. This segment of Collier Boulevard is scheduled for widening in FY 2009 and the project's traffic only impacts it at 1.2%. TIle project's Phase 2 traffic does not lower the LOS in 2007 for either the AADT or PSDT. )<'UTURE TRAFFIC AT BUILD-OuT OF PHASE 3 (2008) Exhibit 19 shows the traffic conditions for AADT in late 2008, both with and wi1hout the project's Phase 3 traffic. Exhibit 20 shows the traffic conditions for PSDT in late 2008, both with and without 1he project's Phase 3 traffic. All roadway segments are at an acceptable LOS during both AADT and PSDT in 2008, with 1he exception of Collier Boulevard, between Green Boulevard and Golden Gate Parkway, that is at LOS F and Airport Road, between Vanderbilt Beach Road and Pine Ridge Road, that is at LOS F during PSDT only. The project's Phase 3 traffic does not impact lhis se!,'ment of Collier Boulevard significantly as it only impacts it ].5% and this segment of AirpOJ1 Road significaJltly as it only impacts it 2.6%. INTERSECTION ANALYSES The project is proposed to have 1 major access point and 3 minor access points onto the County's arterial roadway system. The main access point is located where the proposed north-south road (Pristine Drive) intersects with Vanderbilt Beach Road and 2f3 of the project's traffic would gain access to the County's arterial roadway system via this intersection. This is located Y:. mile west of the Collier BoulevardN anderbill Beach Road intersection and this new intersection is proposed to have full turning movements. Methodology for Intersection Analyses Between Vanderbilt Beach RdfPristine Drive Since the subject project's was not expected to reach full capacity untillale 2008, the inlersection was analyzed for 2008. To project existing traffic at the subject intersection in late 2008, intersection counts that were previously taken during the AM and PM Peak Hours at 1he intersection between Vanderbilt Beach Road and Collier Boulevard in March 2002 (see Appendix), were utilized to determine what percentage of the traffic on Vanderbilt Beach Road was eastbound and westbound during both the AM and PM Peak Hours and the ratio of traffic the AM and PM Peak Hour traffic on Vanderbilt Beach Road comprised of its Peak Season Daily Traffic by comparing it to the County's 2002 Peak Season Daily Traffic 6 L\genda Item No-58 May 22, 2007 figures for Vanderbilt Beach Road. Since a seasonal traffic factor was not available witfi'age G6 of 142 the County's 2002 traffic counts, the 2003 seasonal factor was utilized. These percentages and ratios were preswned to remain the same from 2002/2003 to 2008. These results indicated that in the AM Peak Hour 26.5% of Vanderbilt Beach Road's traffic would be eastbound and 73.5% westbound and the AM Peak Hour's traffic would comprise 7% of the PSDT on Vanderbilt Beach Road. The results also indicated that in the PM Peak Hour 65% of Vanderbilt Beach Road's traffic would be eastbound and :l5% westbound and the PM Peak Hour's traffic would comprise 8% of the PSDT on Vanderbilt Beach Road, Data and Results ofInterseetion Analyses Exllibits 21 and 22 show the AM Peale Hour traffic movements for the Wolf Creek PUD's total traffle. Exhibits 23 and 24 show the PM Peak Hom traffic movcments for the Wolf Creek PUD's total traffic. The AM and PM Peak Hour traffic for 2008 were then analyzed using HCS software. (Note; the HCS software wil1 not analyze a stopped condition on a 6-lane roadway so the analyses were done as signalized intersections even though a traffic signal may not be in place in 2008.) Exhibit 25 displays the Vanderbilt Beach Road/Pristine Drive intersection analysis as a signalized intersection in the AM Peak Hour. It shows the intersection at LOS B with an , averagc intersection delay per vehicle of 13.7 seconds. Exhibit 26 shows the Vanderbilt Beach Road/Pristine Drive intersection analysis for the PM Peak Hour. It shows the intersection at LOS B with an averagc intersection delay per vehicle of ] 3.8 seconds. COMPREHENSIVE PLAN COMMENTS 1.3/1.4 Exhibit 14 shows the existing LOS in 2005 on all roadways within the project's study area. Several segments of both Collier Boulevard and Vanderbilt Beach Road are currently at LOS F. However, these roadway segments are scheduling for widening commencing in FY 2005 and/or FY 2006. Exhibits 15, 16, and 17 shows the LOS of all arterial roadways within the project's Phase 1, Phase 2, and Phase 3, respectively. 4.4 Not applicable. 5.115.2 The project's traffic will "directly access" onto 2 arterial roadway segments; Vanderbilt Beach Road, between Collier Boulevard and Logan Boulevard, and Collier Boulevard, bctween Vanderbilt Beach Road and Immokalee Road, There are 4 "adjacent links" to those links dircctly accessed by the project within the project's RD!, that include: Vanderbilt Bcach Road, betwecn Logan Boulevard and Livingston Road; and Collicr Boulevard, between Vanderbilt Beach Road and Golden Gate Boulevard; Logan Boulevard, between Vanderbilt Beach Road and Pine Ridge Road; and Logan Boulevard, between Immolcalee Road and Vanderbilt Beach Road. Both of the Logan Boulevard links are shown to be at T ,os B throughout this TIS. There are no "other links" where the projcct's traffic meets the 5% significance lest. In Phase 1 both links that the project's traffic will "directly access" will be under construction for 6-1aning. Vanderbilt Beach Road, between Logan Boulevard and Collier 7 Aoenda Item No. 8B ~ May 22, 2007 . Paqe 67 of 142 Boulevard, will be at LOS 13 during AADT but the project's traffic will reduce the LOS from LOS 13 to LOS F between Pristine Drive and Logan Boulevard during PSDT, lUltil the 6-laning is completed. The project's Phase I traffic will "directly access" but not significantly impact (3% threshold) Collier Boulevard, between Immokalee Road and Vanderbilt Beach Road, and this linle will be at LOS F without the project's traffic during both AADT and PSDT, (The project's traffic will impact it at 2.5%.) An "adjacent link" Collier Boulevard, between Vanderbilt Beach Road and Golden Gate Boulevard; will be at LOS F during both AADT and PSDT in late 2006 but the projeet's Phase I traffic will not significantly impact (3% or more) it either as it will impact it only 1.7%. All links that the project's Phase 2 and 3 traffic will "directly aeeess" or are "adjaeent links" to the direet access links will be at LOS B during these time periods. 7.2 The PUD Master Plan shows cross-access points to all relevant abutting propeliies, via the already built inner loop road and tile proposed outer loop road. The Island Walk DRIIPUD is loeated west of the project but is a built-out gated eommunity and cross- accesses are no longer feasible between Island Walk and the subject project. 7.3. The project will meet the latest parking requirements within the LDC at the time of SDP review and approval. Prepared by; HOOVER PLANNING & DEV., INC. Prepared Undcr the Dircction of: Q, GRADY MINOR & ASSOCJA TES ~~~Ic~i~t O~ f"L- R.CG }-joA7ll b 5U~V%-z~ William L. Hoover, AICP File #317lis6.rep 8 N .*',7.... W E I''\. s 'b " <0 Q: ~ ~ .~ " 'b '" <0 Q: ,. 6 ~ V) '" <: ':s: '- .-J Q '" <0 Q: .~ '. o ~ " Golden Gate Parkwo EXHIBIT 1 VICINITY MAP immokalee Rood iQ <1J ~ " -e; ,~ -CO Q " CiS Subject Project \, Vanderbilt Beach Rood Pine F1id~e Rood Green Blvd. '\) ~ <'6 U) " " 0 <1J '2 " a ~ en i2 a <1J ~, ~ .s ~ is \f) \ Q ,. CiS 8 '" a -.J o I .5 Mile ci 0- CiS '- .!!' ~ Cl U '0 0) 0:: (j AGenda Item No", 88 " ~~8Y 22, 2007 Page 68 of 142 Golden Gate Blvd. White Blvd. Agenda Item No. 8B May 22. 2007 Page 69 of 142 EXHIBIT 2 KEY TRIP--END DES TINA nONS FOR SITE'S TRAFFIC ~ * W . E 1"""- s KEY o = Office Parks - H = Hospitols B = Business Parks S = Schools I. = Industriai Parks. C = Smalier Commercial Areas' P = County Parks M = Medium-Sized Commerciai Areas L = County Libraries X = Larger Commercial Areas 0 ~ .5 H o C M M M S 1.10 M 1.1 M C 0 immoka/ee Rood S S Mile 1.1 s t:: a .~ '< p ,.. " <;; ~ ..~ -" ~ ii5 '" '" -'< tJ C) Subject Project \ - '0 0-, ct: (j '" tJ a 'i:: Vanderbilt Beach Road M 1.1 X Orange L Blossom Dr. B '" tJ J & C Blvd. a 'i:: <: () ~ '" X 0 ", ,. 0 X :~ c C ~ X X S P ~ ii5 ~ tJ, a ...J Go/den Gate Blvd. pS H C 0 C X C C 0 Pine ,Ridge Rood C White Blvel, Green B/vd. o ~S 'r; ,. ii5 CJ ~ " e t:J [0 CJ ~ <: 3; C ~ ~ CJ ;;- -q: '0 r" " ,- " i': " ~ X C 'b t; " ll:: Go/den Gate Porkwo c C ., o o c c I 0 Agenda Item ~~o~ 88 May 22. 2007 Page 70 of 142 EXI-IIBIT 3 TRIP ASSIGNMENT FOR SITE'S 7RAFFlC N._ . . W*E 2% 0 .5 s I-- 7% 2% 2% Mile Immokolce Road 4% ~ 1% 3% 3% 4% 1% ,. '.. 'b -2 ~ ~. to '" Sub jec t Ie") ~ iYi ~)) to " Project 2% <r - ri. .s: '" \ C" " (j _;c 0 to .~ C) 'Z 3% 5% J &I C Blvd. 'b o D Cl: Vanderbilt Beach Road 3% 5% \:i > OS 3% Orange Blossom Dr. r 6 '" c. -..; Colden Gote Bivd. "-. 1% 10% to ~'? '" "" " ',> --J Q C '-:-- -' 2.% 3% 2% Pine Ridge Rood ~}.Ihite Blvd. 3% 5% 1% 1% 3% Green Blvd. ') <) Cl Il:: \r, "- '<;j > CU 2% r! ~ -s Q "- to -e to CJ:J to .~ " Cl V) 2% .~ .~, -q; Q) ~. C1 3% Colden Gole Porkwoy 3% J% 1%1 2fl N W*E S 3% 3% 16% Orange Biossorn Dr. J &: C 81vd. 3% 3% Agenda Item No. 88 May 22, 2007 Page 71 of 142 EXHIBIT 4 CUMULA TlVE TRIP DISTRIBUTION FOR SITE's TRAFFIC 0 .5 1 I I 9% 8% Mile Immoko/ee ROG.d ~ 6% 3% ...; 1% " 'lJ 10 ~ ~ '" .2 1i 1% - '" tJ ('; IE IE Subject C>, a 4% 3% Ct: .:>; Project -S '" 6% \ Q:' 13% "t: <lJ '" '-5 0 tJ ,~ Cl " 28% 59% 13% '" tJ C) Ct: <: .2 U) "" ,<: .~ '-J 20% -,; ,. 70% ii5 ~ () "" o _J 5% Q' :..5:: -"" 3% Pine Ridg& r?ood 14% 4% 6% Green Blvd, 6% '() tJ a Q: ~ -~ as tJ '- a '-'-'::I '- '0 Co ~ f) .~ '- Q ,g- " U) ,. ;~ .S 'J <: tJ V) Golden Cote Porkwo 3% 3% 1% Beoch Road 5% 1% 1% 9% Go/den Gate B/I'd. 7% 0% White B/vd 6% 6% 2% Agenda item I'-Jo."8B May 22 2007 Page 72 of 142 EXI-IIBI r 5 TRIP DISTRIBUTION FOR P/70clECT'S ENTERING TRAFFIC N *-c/ W E ?'\. s FAL ~5% J1 TK SUBD. ~ 6% Wolf F!ood 1 F!fTK 1 ) NAGE- 2% :1: 20% 'c:: C) CRAIG 'l:l BLACK BUd" S ~. LS OF - .~ LAND 4% Cl PIDCE SUBD. J r ~ _ 7% !.oop Rd. TOnNO 6% I 1 11 J 10% (WOLF CROcI{ PUD) /DOS '(:j 10% 7% 2% <l Ct: lvllSSION ~-- CI lei <.) CREEK 42% co f--I/LLS (.J') --J ~7% ua) 1'_ 5% OFFfCE/ (r: ~4% CEN TEft (.l 1~4% -- FiETAI!. PA..c..-'K 1:~~ ~I% ~-'A.NDf.~RB/L T ~4% BEAUI RD_ 6J%~ 7%~ ~ l 7% ---.:;. 14% 5% WOLF CRE (WOLF C PUD POP COf\ (WOLF P Agenda Item No, 88 May 22, 2007 Page 73 of 142 EXfflBI r 6 TRIP DISTRIBUTION FOR PRO,JECT'S EXITING TRAFnc N *r:I w ;? ~ E S WOLF CREEK SUBD. (WOLF CREEK PUD) 5% ~ (1 20%~ I Wolf Rood 10% NAGEL- 13%_~ 2%~ ~ '~ Q BLACI( BEAl? CRAIG 5% (WOLF CREEK I PUD) l;. 63% 4% J ",~ f-7% Q) .c:: FALLS OF ,:0 'IJ PORTOFJNO ';;:: 0_ CONDOS ~ 6% ~ 4% 3% ---7 42%~ ~IO% 70% (WOLF CFi!EEK PUD) 1% 1% j 8% , 1 LAND Loop Rd. 7%~ 2% 1 2%~ RiDGE SUi30. 'i"....,. MISSION l.lj 0) OF FICE/ (; Q: Q 4% ---7 g 4% 7%1% ...J I J VANDiiWIL T BFAClI eo. ~ l--fILLS' D- C) CCN TCF? PCTAIL F'Iif?I{ , 4% ---7 5%~ ~ wIT'" E Orange Blossom Dr. ,I &: C Blvd. Agenda Item j\jo. 88 May 22. 2007 Page 74 of 142 tX/-{IBI r 7 PROJtCr'S PflASt 1 !PIP ASSIGNMtNT WITf-i/N 5 IvfILES 6 ~g 7 & 76 ~/ ,~ ~ 39 50 535 22 29 306. -'" Q o Q: ~ '. () ~ "'1": Golden , KE:Y I) AM PE:AK HOUR (140) 2) PM PE:AK I-IOUR(781) 3) WE:EKDA Y DAILY (l970) <c' r~ ~ 5 '" ? 5 0, "- it, 57 ,":; ~ "!., 28 ;:;- '", Q '" Q: 36 382 " '" <:: " -<. '0 to, .c .~ ~ Green Blvd I.i', ,. '" Q V~ '- '), ~ -S Go 'Ol""O , 11 14 153 Immokalee 8 11 175 Rood I 8 11 115 Subject Pro jed \ 83 107 7127 Vanderbilt Beach Road '1:i 98 , it, 127 c: 1337 <) 7 t11 co 9 95 6 7 10 3 4 7---- 3 ,oine RicjQe Rood I 2 19 ." 1 2 19 oj \J G .(J ,- t) Co '.' C 'J Co 0 .5 I Mile 1 2 19 - If) 0) 18 c.:: '- 23 c.j 248 6 7 76 7 13 9 76 96 172 Golden Gate 71 Blvd. 14 1 753 2 79 White Blvd 8 11 115 8 71 775 4 38 N ~ W~f: S Orange Blossom Dr. ,; & C Blvd, Agenda Item No, 8B May 22, 2007 Page 75 of 142 EXI-IIBI T 8 PROJECT'S PHASE 2 TRIP ASSIGNMENT WITHIN 5 MILES KEY 1) AM PEAK HOUR (277) 2) PM PEAK HOUR (359) 3) WE[KDA Y DAiL Y (3788) lr) " ~ "" 11 8 .2 Q " 14 "' 0- Il ~ CiS a 152 " ct 114 ..s "> 't " -'< " '" .~ 0 <( 78 147 101 190 1061 2008 44 57 606 55 72 758 '\j to " Cl: to .2 '0 "" <: :~ -", \) Cl 0-; '- Cl .~ '( Golden Gate Porkwov 8 11 114 I.f\ r-.: ~; " ~- v, '-- 'D 22 29 303 immokolee Rood 17 22 227 17 22 227 Sub jec/ Project \ 163 212 2235 Vonderbiit Beach Rood o 0- .,. i- 14 18 189 . 'I' :':': .::-.... 'g OJ 194 251 2652 i3 "', o -, Pine Ridge Rood 3 11 4 74 38 152 Green Blvd. .~ -r:i ::., fE " ~ '" "" '- c, Co :::; <: <:J Uj ~ 17 22 227 6 7 76 Agenda item No'. 88 May 22 2007 Page 76 of 142 EX/-IIBIT 9 PF?OJECr'S Pf-IASE 3 TRIP ASSIGNMENT WITHIN 5 MILES KIT 1) AM PEAK HOUR (342) 2) PM PEAK HOUR (446). 3) WEE/(OA Y OAIL Y (4638) *",N W />."'- E S .5 1 ---1 Mile o I 27 36 37/ Immakolee Rood <.r) 2/ ''- 27 '" 278 /4 ~. 21 '" /8 /0 .2 1? 27 " /3 ", Subject 0 186 c.. as 278 Dc 139 <tJ Pro jec t -S '" \ ~ <tJ c.. -'< a a ,~ 0 '( 96 202 :;;. 125 263 1299 2736 Vanderbilt 3 4 46 ~. l!) "" 44 Ct' 58 U 603 /4 /8 /86 \! as c:: tJ '" o -, 3/ 40 4/7 55 7/ 742 17 22 232 Orange Blos8orn Dr. 68 89 928 17 22 232 .,.. G Q D:: Golden Gale Blvd. ,J & C . 81vd. 27 36 371 ~ ~ \. 3 4 46 (; .~-, If! OJ <: :~ ~, 10 13 139 ...j Ridge Rood 3 4 46 ,orne White Blvd 14 IB lB6 2/ 27 278 Green Blvd. 3 "t', 4 :::~ (D 46 ~~J c.. Q ..rJ () r:o 0 ~ Q U) 21 27 278 " " "b " a ct <tl ~~ .~ c.. o n. . ." " v, c '" .:.; Golden Gate Pork W(J , 9~1 \ Agenda item No. 88 May 22, 2007 Page 77 of 142 EX/-IIBIT 10 COLLIER COUNTY PLANNED F?OADWA)/ IMPF?OVEMENTS . (THE DA TE WITHIN PARENTHESIS IS AN ESTIMA TED ~.L DA TE THE NEW LANES WILL BE OPEN TO TRAFFIC) W '" E 6-LANING s FY 2005 (LA TE 2007) o .5 I-- Immokolee Rood 6-L NlNG ltj 6-L4NING ", FY 2006 FY 005 '" (LA TE 2006) '0 (LA TE 007) Q "ti " ~ Subject Q OJ en Q: ,. Project ~~ If, NEW ROAD \ <.. -S .. ,. -'< FY 2005 Q D ~~ 6-LANfNG Q (Late 2005) " FY 2005 (LA TE 2005) Orange Blossom Dr. 6 -LANING FY 2006 (LA TE 2006) 'ti " 6-LANING't'ij FY 2006 <:' ([ (LA T[ 2006) g, ~ 6-LANING FY 2007 (LA TE 2007) J & C Blvd. "J <:J o Q;: C' .2 '-' 1 I Mile l?; Cr, 6-LANING FY 2003 (LA TE 2007) 6-LANING FY 2005 (LA TE 2007) Ct' U 6-LANING FY 2005 (LA TE 2007) Golden Gote Blvd. .~ '-" _.J 6-LANING FY 2007 (LA T[ 2007) Pine i?idye Rood White Blvd. Green 81 vd. 6-LANING FY 2007 (LATE 2007) '" " o ct <.r, " P ..:0. e6 6-LANING FY 2009 (LA TE 2009) 'lJ ~J '~ ... " e- " " ':' Ij .':-l c. Q Co '" , ~:~ s .!~ Golden Gote Porkwc ,. 6 (r, Agenda item NO..8B May 22. 2007 P0g~ 78 of ~ 42 EXHIBIT 71 DE/ERMINA nON OF PROJEC T'S PI'IASE 7 rWI N *,/ w /> "" E S KEY 7) GREA TER OF PROJECT'S AM OR PM PEAK HOUR TRIPS 2) PERCEN T OF ROAD WA Y'S ADOP TED LOS A T PEAK HOUR .. 3) WITHIN ROI (i% OR MORE OF ROADWA Y'S ADOPTED LOS) o I 14 0,5% No .5 1 : -----I Mile Immokolee Rood 71 2 <i') 0.4% '" 02% NO " 11 No '" "to - 'J .) 7,2% lr) tJ Subject a '" en "" 23 ct c.. Yes Praject 7 .": to \ .:t: 2.5% "t: 0.4% S Q, <.,j Yes '" '" 0 .r:;- NO c) " 50 107 7 1.8% 3.8% 0.8% ---- YES YES NO /' VOJ'"/derbilt Beach Road OranW1 Blossom Dr. 29 1.0% YES 96 3.5% YES ,; , ct.\ /27 13.7%' YES 9 097% NO /6 1.7% Yes .J & C Blvd. 't) () CJ It: c () " 36 /.3% YES <:: " e') c, '. " (J:' ,~. 9 0.97% NO Go/den Cote Blvd. :~ 14 0.8% NO -! /-;ino Ridge F?ood White Blvd. 11 0.6% NO Green Blvd, ~~ 11 0.5% NO ~, o " Q: <.r) t.-, t.:::] \n ';) , ') .) ') rtl 4 0.4% No -- 't () S- '" CJ '" VI '. 'l> ". ,. tJ Golden Cote_ Parkway ~ s Co \ *4.6% based on 6'-loning of Vanderbilt Beach Road Agenda item No. 8B May 22, 2007 . Page 79 of 142 W#E EXNIBIT 72 DETCRMINA nON OF PROJECr'S PNASE 2 RDI L(EY 1) GREA TER OF PROJECT's AM OR PM PEAf(HHOU8H TRiPS.. . 2)PERCENTOF ROADWA y'S" ADoptED LOS A T PEAK HOUR 3) WITHIN RDI (1% OR MORE OF ROADWA Y'S ADOPTED LOS) 29 0 7.0% I Yes .5 1 : ---I Mile Immokolf!e Rood 22 ") 0.8% 4 "- No 0.7% OJ No 'b ~-, "ti 22 l!) '" 14 /1 ~ Subject a '0 en 2.4% "" 47 Q;: 0.8% 0.4% c.. Project .~ Yes No No '" \ 1.7% ~ .2 " ... "< Yes a D .~ C) ~ 101 212 14 3.6% 7.6% 0.5% Yes Yes No Vanderbilt Beach Rood 57 2.7% Yes Orange G/ossom Dr. /90 6.8% Yes 'ti 251 ~ as 9.0% '" Yes iT (; '" n " ...j '- "- 18 :. 1.9% ,. l: Yes ~. 78 0.6% No 32 1.2% Yes J & C RIl<1. 'tl " '" Dc 72 2.6% Yes Go/den Gate B/vd. c. .2 " 29 /.0% Yes .t~ '.' Pine Ridge Road 1111ite Blvd. /4 0.5% No 22. 1.2% Yes Green Blvd. '" a a Q;: If) r. '::> , i'6 .t: a ,~ " " ,., .2; v, '- ,~~ 5~ ') c.. I.) -'7:t ;3 fa 22 1.2% Yes \J o " G1 Go/den Gate Parkway ~ -*- w />~"" E ------ Orange Blossom Dr. ,j &- C Blvd. EXHIBIr 73 OETmMINA nON OF PROJECT'S Pl-IASE 3 RDI KIT 1) CREA TER OF PROJECT'S AM OR PM PEAK HOUR TR.fP" .__ 2)' PERCENrOF'KOADWAT'S ADOPTED LOS A-r PEAK HOUR 3) WITHIN RD/ (/% OR MORE Or ROADWA Y'S ADOPTED LOS) 36 0 /7% I . '" . Yes '" tJ () Q: 18 0.97% No 13 0.5% No 236 8.5% Yes " D o Q:: 89 3.2% Yes ~ '. o ,f; " 125 4.5% Yes ./ c- o .,.. <n .~ '.J Golden G!]te Parkw.?y 71 2.6% Yes a <:J o ct t c, .~ "': Immokolee Rood " _. .2 t:'. <tJ - _S 27 0.97% 27 No 29% Yes Subject ProJect \ ") " "ti ~ Q; ~ l!) 0) \! 312 as 71.2% c Yes '0 0, a --' 263 9.5% Yes Vonderbilt Beach Rood , 22 2.4% Yes ...:- /8 0..6% No Green Blvd. ~2 'b [.J '" l'l 'I' - '- \ 22 0.8% No 36 1.3% Yes Pine Ridge Rood 27 0.97% . No 'c} ). Qj 27 0.97% No I,) c.. ,) .G , " (1) 9 0.5% No 9 0.3% No ~c:: r.: <:J I.:) Aoenda Item r~o.'8B . May 22, 2007 Page SO of 142 .5 Mile ~ 4 0.1% No 58 2.1% Yes 18 0.6% No 40 1.4% Yes Golden Gate Blvd. White Blvd. EXl-I/BIT 14 Agenda Item t"o. 8B May 22, 2007 Page 81 of 142 N W*E- S 2005 PROJECTED EX/STING TRAFFIC KEY 1) Annual Average Doily Traffic/LOS 2) Peak Season Dally Traffic/Annual Average Daily Traffic Ratio .., 3} Peak Season' Dolly Traffic/LOS '. 28,647/L05 C 1.30% 29,019/LOS C Immokolee o .5 1--, Mile 1 I Road ronge Blossom Dr. 25,631/L05 F 8.28% 27,753/L05 F 28,647/L05 C c, 1.30% "- 29,0/9/L05 C " '- 1: 7,000/LOS 8" - t1 71,38% Subject Ll> 15,584/1.05 C ~ v, Cij 0, c.. 7, 797/LOS 8 Project 5.30% '" Q' ~ v, \ 16,410/LOS C .~ '" U .>.: " Q 20,222/LOS F 7.99% 2/,838/1.05 F Vonderbilf ---- 't1 Q d! 1:: a .f; " 30,809/L05 F 8.28% 33,360/1.05 F 40,739/L05 D 5.14% 42,833/L05 0 72,495/1.05 B 13.73% 14,271/L058 18,535/L05 t 2.78% 19,050/LOS F J &- C Blvd, '<) l, d! 24,300/L05 B 5.14% [' o 25,549/L05 8 Co " " 's; 9,/42/LOS 8 ~ 11.38% as 10, 782/LOS 8 ~ 6 'J (, ",' Golden Gate Blvd. 33,542/L05 F 4.D5% 34,900/L05 F ..J Pine Ridge Road While Blvd, 30,447/1..05 F 1.15% 30,797/L05 F Grt?~:'/" Bivd. ~. c.. C> .e- " ~s '!! 't'ij n '- C> .c L. " Cl.) 'J ,.. " " U) 30,447/LOS F 1.15% 30, 797 /L05 F " tJ C Q: Li') "- '" .~ 'J '" '. f.J Golden Gate Parkway 'Estimoted N *'fH W- E />'" s EXHIBIT 75 2006 PRO,JECTED ANNUAL AVERAGE OAIL Y TRAFFIC (W/Tf-fIN PROJECT'S PHASE 1 ROI) .KEY 1) Without Project's Traffic/LOS 22 f'roject's Traffic ... . .. 3) Wl'th Praject's Traffic/LOS i\genda Item No.. 8B May 22, 2007 Page 82 of 142 o I .5 1 I~ Mile Immokalee Rood <.r) "- " 7,560/L05 8 'l'J .c, -~ '.. tJ .2 715 Subject lC) 16,837/LOS F a v, 't'ij 7,675/L058 0, 248 Dc c.. Project ..:>: '" \ 17,079/LOS F 't <lJ ..~ -'< 0 b ,~ 0 21,840/L058 /6,837/LOS F " 33,274/L05 B 1,127 76 535 22,967/LOS B 16,907/L05 F 33,809/L05 8 Vanderbilt 27,687/L05 B 13,495/L05 B 20,018/L05 F 42,260/L05 D 1,337 172 Orange 1,012 . 14,832/L05 B 20, /90/LOS F 306 28,693/L05 B ?!ossom Dr. 42,566/L05 D "ti Q '" 13,495/LOS B Golden (;ole " as 96 J & C Blvd. CJ 27,593/L05 B 73,591/L05 B Ellvd. Q: is ;:: 382 <:.J 0 27,975/L05 8 0 ~, ...j OJ Q ,- .:-=: ,~ Pine Ridge Road While Bivd. Green Blvd. 'b tJ a Q: ~) ~, '0 " C]j aj Q ,. " f: to OJ ~ c.. n .~ " ,;~ 'n c. Ql -" ..:::: o '. co '0 U) / Golden Gate Parkway N * W ;? '" E S EX/-IIBI r 76 2006 PROJECTED PEAK SEASON DA/L Y TRAFFIC (WITf-!IN PROjECT'S PHASE 1 RDI) KEY 1) Without Project's Troffic/LOS ...,.. .. ...,.....p2 LE!o)~c{sTraffir; p , 3) With Project's Traffic/LOS Agenda Item No. 8B May 22.2007 Page 83 of 142 o I _5 1 I I Mile Irnrnokolee Rood ~ Q) 8,420/LOS 8 '" ~ og ~'- Cl 115 Li, 17,723/LOS F tJ .,- Subject a '^ Qj 8,535/LOS 8 0) Q: ,- Project 248 'u Qo 17,971/LOS F ,- V> \ ~ " '- '" (j 0 " e- O 23,585/LOS 8 17,723/LOS F -- " 36,029/LOS 8 1,127 76 535 24,712/LOS 8 17,799/LOS F 36,564/LOS 8 Vanderbilt Gooch I\ood 1 29,973/LOS 8 15,348/LOS 8 20,575/LOS F 44,432/LOS E 1,337 172 range 306 /,012 16,685/LOS F 20,747/LOS F Blossom Dr. 44,738/LOS E 30,985/LOS 8 ~6 '" 0. 15,348/LOS 8 Golden Gale tJ iD 96 Blvd. J&C Blvd. n 29,OI1/LOS 8 Q' " 75,444/LOS B 382 '0 t: 29,393/LOS B co " 0 S I.) ..J v, " c.' .:;; ...j Pine Ridge Reod White Blvd. Green Blvd. v, c.. '" .,~, "ti " 't'ij <:J L Cl '" t::J OJ o <- ~.) '" o Q: <" "'- '11 ~ ~ c.. o .~ " .2 <:: Cl 01 c- ......: ""'d," CIPO",WW *N d" I - E S ----- 'ran qe o S'son1 Dr. I & C Blvd. EXf-/IBI T 77 2007 PROJECTED ANNUAL A \IERACE OAIL Y (WI TlIIN PROJECT'S PHASE 2 ROi) KEY 7) Without Project's Traffic/LOS 2) Project's. Troffic 3) With Project's Traffic/LOS 'tJ t; a 0, ~ c.. a .~ " 35,936/LOS B 1,061 36,997/LOS B /" "" 45.641/[OS E: 606 46,247/LOS E: -OJ t; o Q: .," '. a 0.. .~; " / 29.895/LOS B 2.008 "ti 31.903/LOS 8. [13 "to (l " L:t: 29.800/LOS 8 758 30.558/LOS 8 r_ t.) v. " ,- ":; -" -r"r*wo, TRAFFIC 33. 413/LOS 8 303 33, 716/LOS 8 'f) "- " ,.:) " " , Qi (' .~ B.le5/LOS 8 -0 ~ 227 is) 8.392/LOS 8 v, ~. -\: t; () 23.587/LOS 8 2.235 25,822/LOS B /Vanderhi!t 1O.663/LOS 8 189 '0 IO,852/LOS 8 65 Grgen Ell ve!. If) " .~ v .,~, " , Q;: c. -- 't:) (t:i t, , (:; .(; , ,- (17 " ~~ c /rnrnol<aJee Rood Subject Praject \ " ;) (~) ':) 14.575/LOS 8 2.652 17.227/LOS 8 14,575/LOS 8 189 14,764/LOS 8 ,e'j!'>: F(idgc Rood 35.513/LOS 8 227 35. 740/LOS 8 jI,genda !tern ~'o: 88 May 22, 2007 Page 84 of 142 o I .5 7 -I Mile - ~ IB,I77/LOS 8 492 ct' 18.669/LOS B (j IB,177/LOS 8 152 18.329/LOS 8 / 21.619/LOS 8 341 21,960/LOS 8 Golden Cole Blvd. 39,123/LOS 8 303 39,426/LOS B While Blvd. 35.513/LOS B 227 35, 740/LOS 8 N *c/ w;9 E S --- J'onge /3/ossorn Or. J &: C Blvd. EXHIBIT 18 A.genda Item No. 8B May 22. 2007 Page 85 of 142 2007 PROJECTED PEAl( SEASON DAIL Y TRAFFiC (WITHIN PF?OJECT'S PHASE 2 RDI) KEY 1) Without Project's Traffic/LOS 2)Praject's Traffic 3) With Project's Traffic/LOS "0 " Q ct ~ c.. () .~ '[ 38,971/LOS C 1,061 39,972/LOS C 47,987/LOS [ 606 48, 593/1.. OS E 'b () t,; Q: '" '" () Q: 't Q "- .~ " 33,848/LOS B 303 34,151/WS B o .5 1 1------4--1 Mile Immokalee Road c, t', 'u -\5 9,094/WS 8 '- "- 227 Subject It') 19, 140/l..0S B (?j 9,321/LOS 8 0) Project 492 \ 19,6J2/WS B 25,472/LOS 8 19, 140/WS 8 2,235 152 27,707/LOS B 19,292/LOS 8 Beach Road 16,576/1..0S B 22,220/WS 8 2,652 341 ':~ 19,228/I.OS B 22,561/LOS 8 Cl.l 11,876/1..0S 8 189 ~~~ 16,576/LOS 8 Go/den Gote .< 12,065/LOS 8 Q:, 189 BI'ld. ..' ~ 76,765/LOS 8 () 'c \:J' 40,707/LOS 8 c) 303 ," 41,Oro/LOS B Pine FNdge Rood 35,921/1..0S 8 227 36,148/LOS B v v, c. ~ (' ..., 32,370/LOS 8 2,008 34,378/LOS 8 o ~, 0, I~J .~~. ,;:. -, 31,332/1..0S 8 758 32,090/WS B Green at'Vd. lr; t., -~ " G': '" is {J i-) C.i..'; 35,921/LOS F 227 J6,J48/LOS F 'I, '0 , ~ Cl ..::.~ ':"J ." <: " co Golden Gale ParkwGY N * W "'" E S ~ Jronge lossom Dr. ,) &:- C B/~'d. 2008 PROJECTED ANNUAL AVERAGE OAIL Y (WI7HIN PROJECT'S P/-IASE 3 ROi) KEY 1) Without Project's Traffic/LOS 2) Project's Traffic. J) With Project's Traffic/LOS EXfI/BIT 79 Aoenda Item No', 88 - May 22, 2007 Page 86 of 142 TRAFFIC 36,086/LOS B 371 36,457/LOS B "tJ tJ () Q: :0 QJ ~ " ~. t' '" ~ -S ", " -'< tl' c~ 25,474/LOS B 2,736 28,210/LOS B / '(j 8,BI8/LOS B ~ 278' as 9,096/LOS B '" c.. " .~ '" 38,811/LOS C 1,299 40,110/LOS C Vanderbill 32,287/LOS 8 2,458 34,745/LOS B 49,292/LOS ~ 742 50, 034/L08 ~ 'g~ C) a, t: '0 (., tr ~~ 'r:i " 20 1I,516/LOS B . 232 'S: <r. " 11,748/LOS B CD " f::. 32, 184/LOS B 928 33,112/LOS B , ,C, o f-- .5 I Mile 7 I Immokalee Rood Subject Project \. - ~ 19,361/LOS 8 603 19,964/LOS B 79,361/LOS B 186 19,547/LOS B 15,741/LOS B 3,247 18,988/LOS B 23,349/LOS B, 477 23,766/LOS B r: u ,~) (I .'" 75, 741/LOS B 232 75, 973/LOS B 42,253/LOS B 377 42,624/LOS 8 Golden Gote Blvd. ..~ Pine Ridge Road Green 81 vd Q CJ () Q: L.f) ". -?; iiO 2 C) .(:l c.. ,.. cD ~ '0 .~ !'> Q; ~s t: () .~ '" ..\?; e:: '" If) Golden Caie_ pork~/ov --- 38,354/I.OS B 278 38,632/LOS B 38,354/LOS F 278 38,632/LOS F N W *E S -~ range f..~Jo$$orn Dr. j & C Blvd, Agenda Item No. 8B May 22, 2007 Page 87 of 142 EXfllBIT 20 2008 PROJECTED PEAK SEASON DAIL Y TRAFFIC (WITHIN PROJECT'S PHASE 3 RDI) KEY 1) Without Project's Traffic/LOS 2) Project's Traffic ..... J) With Project's Traffic/LOS c, "- '" D " Q: '" (; .~. " 42,024/LOS C 1,299 4J,32J/LOS C 51,826/LOS F 742 52,56B/LOS F 34,960/LOS B 2,458 37,418/LOS B -t:l t:J " Q;: 33,839/LOS B " 928 ." 34,767/LOS 8 10 " .c: .=: _J -0 D () Il: .,~ c.. a .~ " Go}den Cote Parkwo 1C) ", ., ~~1 ,~ '" '-. <, kS 36,556/LOS 8 371 36,927/LOS 8 o I .5 I Mile 1 I Immokolee Road 9,822/LOS B - 278 Subject li, 20,671/LOS B 1O,IOO/LOS 8 0) Project 603 \ 21,274/LOS 8 27,510/LOS B 20,671/LOS B 2,736 186 30,246/1_05 8 20,857/LOS 8 Vanderbilt Beach Rood 17,902/LOS B 23,998/LOS 8 417 -c J,247 24,415/LOS 8 " 21, 149/LOS B CD 12, 826/LOS B . '" 232 '? 17,902/LOS 8 Golden Gate ~ 13,058/LOS 863 232 Blvd. <:: 18,IJ4/LOS B Q 43,964/LOS 8 :.\ " 0 J7t - ,J 44,335/LOS 8 Pine Ridge Rood Green Sf vd. 38, 795/LOS 8 278 39,07J/LOS 8 ~ 63 '" '.. () .c, '- '" Cl:l to ~ " '" <n 38, 795/LOS F 278 39,073/LOS F EXH/8/ T 21 Aoenda Item ~Io' 8B ~ Iviay 22. 2007 Page 88 of 142 PROJECT'S_P/-IASE 3 AM PE;AI< I-lOUR tNTERING. TRAIT/C (72 TOTAL TRIPS) N w* E ,P~ S ~4 WOLF CREEK SUBD. ~ 4 (WOLF CHEEK PUD) FALLS O/-- POr? TOF/NO CONDOS (WOLF CREEK PUD) 1 III 14 ". '- c. Cl '" .S .~J ~ Q 4 r J 7 / I 30 "L..... 4 ~-.3 45~ 5 ~) Wolf Rood BLACK BEA8 RIDGE SUBD. (WOLF CREEK PUD) 'b Ct: 7 ". ~) D -~ ~ \.-1 OFF/CE/ ~3 RETAIL PA!\'f( I ~ /l: -I 'v:4NDERBfL T ~3 5~ NAGEL- CRAIG LAND Loop 8d. 1 MISSION f1fLLS GEN TER Jl1 2 3 J 11 "- li) G') Ct: U BEAUI !?D. 11 4 EXHIBiT 22 PROJECT'S PHASE 3 AM PEAK HOUR Agenda Item No. 8B May 22, 2007 Page 89 of 142 [XI7/NG TRAFFIC (270 TOTAL TRIPS) N *c/ w ;? ~ E S WOLF CREEK SUBD, (WOLF CREEK PUD) 13 -7 (7 54 ~ I Wolf Rood 27 NAGEL- 35 --.2' 5 ~ 13 (WOLF CREEK I PUD) ~ J'~ QJ '" ';:: CJ Q) .S: FALLS OF ...; lI) PORTOFINO ct CONDOS ~ 16 ~ 11 8 -7 113 ~ ~--27 27 (WOLF CF..'EEK PUD) MISSION U:; OFFICE/ J 1 ( cii ;;~;,c ~ 11 -7 g.. 10 RETAIL PAF..'K 19 Q 1 3 -.J VAN!)ERB!L T BEACH RD. 11 -7 14 ~ 8LA CK BEAR CRAIG LAND Loop Rd. 3~ 5 1 5 ~ RIDGE SUBD. ~19 Ag'enda Item No: 8B May 22, 2007 Page 90 of 142 EXI-IIBIT 23 PROJECT'S PHASE 3 PM PEAK HOUR ENTERING TRAFFIC (292 TO TAL IR/PS) I~ W ~~ E /''\ s FAL , 12 +--15 J 1 EEK SUBD, ~ /8 Wolf Rood 1 Cl?EEK 1 ) NAGeL- 6 ~ 58 c:. C1 CRAIG q, BLA CK BEAR ,s. -> LS OF <~ LAND 12 '- J Q. ((IDGE SUBD. r -E-- 20 Loop Rd. TOFlNO 18 1 11 J 29 (WOLF CREEK PUO) 'ro DOS 1 1:C 29 3 6 MISSION _. (.S' I.() F CREEK \.) hiLLS <J) 123 '.-1 ~J UD) ~15 OrnCE/ Cl::: . . (--72 CENTER U ReTAIL F'II/?I( J --.1' ~3 ~72' 'lANDERS/I. I ~12 BUleN RD. 784~' 20 --.1' 11 20 ---7 15 26 WOLl" CR (WOLF PUD POR CON (WOL P EX/-//B/T 24 Agenda Item No. 88 May 22, 2007 Page 91 of 142 PROJECT'S P!-IASE 3 PM PEAK !-lOUR EX/TlNG TRAFFIC (154 TOTAL TRIPS) N *'J W . E i/'\ s WOLF CREEK SUeD, (WOLF CREEK PUD) 8 ---7 .17 31 ~ I Wolf Road 15 NAGEL - 20 -.J 3 -~ q) " .;:: Cj BLACK BEAR CRAIG (\) C: FALLS OF ~': .~') POR TOFlNO ct CONDOS "t . 9 ~ --6 5 65 ~ ,.c--15 15 (WOLF CF(EEJ<: PUD) LAND ---7 Loop Rd. 2~ 3 1 3~ mODE SUBD, ,~ rlf:'Ci('C'/ vI I I ,/- J l' ~ Lf') OJ Q:: U eEN TER g. 6 1 ,3 I VANDERBIL T REACI/ (?D. ~ 6 ---7 MISSION 8 (WOLF CREEK I PUD) ~ J 6 NILLS REJAIL PA.RK f--11 7~ EXHIBIT 25-A Agenda Item No. ^8B May 22. 2007 Page 92 of 142 HCS2000: Signalized Intersections Release 4.1e Bill Hoove r Hoover Planning & Dev., Irlc. Hoover Planning & Dev., Inc. 3785 Air.port Road N., Suite 8-1 Naples, FL 34105 Phone: 239-403-8899 Fax: 239-403-9009 E-Mail: billh@hooverplanning.com OPERATIONAL ANALYSIS Analyst: BH Agency/Co.: HP Date Performed: 3/20/2005 Analysis Time Period: AM Peak Intersection: VRR/Pristine Drive Area Type: All other areas Jurisdiction: Analysis Year: 2008 Project ID: Wolf Creek PUD East/West Street North/South Street Vanderbilt Beach Road Pristine Drive VOLUME DATA I Eastbound I I'iestbound I Northbound I Southbound I L T R I L T R I L T R I L T R I I I I Volume 145 337 I 940 3 I III "'iY6- % Heavy VehlO 0 I 0 0 I 10 0 PHF 10,90 0,90 I 0.90 0.90 I 10.90 0.90 PK ]5 Vol 113 94 I 261 I I 13 47 Hi Ln Vol I I I I % Grade I 0 I 0 I I 0 Ideal Sat !1900 1900 I 1900 1900 1 /1900 1900 ParkExist I 1 ! I NumPark I I I 1 No. Lanes I I 3 0 I 0 3 1 I 0 0 0 I I 0 I LGConfig 1 L T 1 T R 1 I L R Lane Width 112..0 12.0 1 12.0 12.0 I 112.0 12,0 RTOR Vol I I 1 I I 13 Adj Flov.; 150 374 I 1044 2 1 112 174 % I nSha redLn I I 1 I Prop LTs I 0.000 I 0.000 I 1 Prop RTs I 0.000 I 0.000 1.000 I I 1.000 Peds Bikesl I 0 1 0 I 0 Buses 10 0 1 0 0 1 10 0 %InProtPrJase I 1 1 Duration 0.25 Area 'J'ype: All other .:J.reas -~,,- OPERl\TING F.l\RI\ME'J'ERS --~-_._~---- -,'. ---~ I Eastbound I Westbound I Northbound I Southbound I ! L T R I L T R I L T R 1 L T R I I I _._-'~-"---'--~ I ----- 1 1 Init tJnrnet 10.0 0.0 I 0.0 0.0 I 10,0 0.0 1 Arriv. Typel3 3 1 3 3 I 13 3 I Unit F.xt. 13^0 3.0 I 3.0 3,0 I 13.0 3.0 I I Factor I 1.000 I 1.000 I 1 1.000 I Lost Time 12.0 2.0 I 2^0 2.0 I 12.0 2.0 I Ext of g 12.0 2.0 I 2,0 2.0 I 12.0 2^0 I EXHIBIT 25-B Agenda Item No. 8B May 22, 2007 Page 93 of 142 HCS2000: Signalized Intersections Release 4.1e SIGNALIZED INTERSECTION SUMMARY I E:astbQund Westbound I Nort.hbound I Southbound I L T R L T R I L T R I L T R I I I I 1 3 0 0 3 1 I 0 0 0 I ], 0 1 I L T T R I I L R 145 337 940 3 I IJ.J. 170 112.0 12.0 12.0 12.0 I 112.0 12.0 I 1 I I 13 Analyst: BH Agency: HP Date: 3/20/2005 Period: AM Peak Project tD:vlolf Creek PUD..... E/W St: Vanderbilt Beach Road No. Lanes LGConfig Volume Lane Width RTOR Vol Inter.: VBR/Prist.ine Drive Area Type: All other areas Jurisd: Year 2008 N/S St.: Pristine Drive Duration Area 0.25 2 Type: All other areas Signal Operations 3 4 6 18.0 3,0 1.0 Cycle Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (s) Phase Combination 1 EB Left P Thru P Right Peds WB Left Thru Right Peds NB Right SB Right Green Yello,., All Red A A A 10.0 3.0 1.0 60,0 3.0 1.0 Appr/ Lane Grp Lane Group Capacity v/c g/C East.bound L 181 T ] 830 1805 ~176 0.28 0.10 0.10 0.74 \'Ie s tbound T 3106 R 969 Northbound 5176 1615 0.34 0.00 0.60 0.60 Southbound L 325 1805 0.04 0.18 R 291 1615 Intersection Delay 0.60 13..7 0.18 46,4 D (sec/veh) Intersection LOS B 5 7 8 NB Left Thru Right Peds Left Thru Right Peds Right Right P SB p EB IvB Length: 100.0 sees Approach Delay LOS Delay LOS 45,4 3.7 D A 8.6 A 10.1 8.0 B A 10.1 B 34.1 C 45.6 D EXHIBIT 26-A Aaenda Item No. 88 " May 22. 2007 Page 84 of 142 HCS2000: Signalized Intersections Release'4.1e Bill Hoover Hoover Planning & Dev'r Inc. Hoover Planning & Dev'r Inc. 3785 Air?ort Road N., Suite B-1 N"ples~, FL~ 3H05-.--....,.._,.. ...-.--. Phone: 239-403-8899 Fax: E"l~ail: billh@hoover?lanning,corn OPERATIONAL ANALYSIS 239-403-9009 Analyst: BH Agency/Co. : HP Date Performed: 3/20/2005 Analysis Time Period: PM Peak Intersection: VBR/Pristine Drive Area 'type: All other areas Jurisdiction: Analysis Year: 2008 Project ID: Wolf Creek POD East/West Street North/South street Vanderbilt Beach Road Pristine Drive 1 Eastbound 1 L T R 1 Volume 1184-951 % Heavy Vehl 0 0 PHF 10.90 0.90 PK 15 Vol 151 764 Hi Ln Vol I . % Grade I 0 Ideal Sat 11900 1900 ParkE:xist 1 NurnPark 1 No. Lanes 1 1 3 0 LGConfig I L T Lane Width 112.0 12.0 RTOR vol 1 Adj FJ ow 1204 1057 % InShar~dLn I Prop LT3 1 0.000 Prop RTs I 0.000 Peds Bikes I Bll.'3es \0 0 % InprotPhase Duration 0.25 Area VOLOME DA'I'A 1 Westbound 1 L T R I I 1 1 1 1 1 I I I 1 1 1 I I 1 ! 1 I I 1 Type: All other 512 o 0.90 142 12 o 0.90 3 I Northbound I L T R I 1 1 1 1 1 1 I 1 1 I 000 I 1 I 1 I ! I I 0 1 I areas I Southbound I L T R 1 16 10 10.90 12 I 1 ! 1900 I 1 1 1 L I] 2.0 1 17 I I 1 I 10 I o I I 1 97 1 o 1 0.90 I 27 1 1 1 J 1 J I 1 1 1 ! I I I 1 1 I o 1900 1900 o 3 1 R 12,0 2 11 1900 1 o 1. R 12.0 14 92 'I' 12.0 569 0.000 0.000 1.000 o o o 1.000 o o OPi':RATING PARl\METERS .., 1 Eastbound I ~)estbound I Northbound I Southbound 1 J, T R I L T R 1 L T R 1 L T R 1 1 I I , ~--6. 0 Init Unmet 10.0 0.0 I 0.0 0.0 1 10.0 Arriv. Type I 3 3 I 3 3 1 13 3 lJnit i':xt. 13.0 3.0 I 3.0 3.0 I 13.0 3.0 I Factor I 1. 000 1 1..000 I I 1,000 Lost Time 12.0 2.0 I 2.0 2.0 I 12,0 2.0 Ext of 9 12.0 2.0 I 2.0 2.0 I 12.0 2.0 EXHIBIT 26-B Agenda Item No. 8B May 22, 2007 Page 95 of 142 HCS2000: Signalized Intersections Release 4.1e Analyst: BH Agency: liP Date:. 3/20/2D05 Period: PM. Peak. Project, ID:. Wolf, Creek- POD E/W St: Vanderbilt Beach Road Inter.: VBR/Pristine Drive Area Type: All other areas Jurisd: Year 2008 N/s St: Pristine Drive .- SIGNALIZED INTERSECTION SUMMARY I ...,--- Westbound I Northbound I Southbound Eastbound I L T R J, T R I L T R I L T R I I --- I I 1 3 6-- 0 3 1 I o 0 0 I 1 0 1 I L 'r T R I I L R 1184 951 512 12 I 16 97 112.0 12.0 12.0 12.0 I 112.0 12.0 I 2 I I 14 NO. Lanes' LGConfig Volume Lane Width RTOR Vol Duration 0.25 Area Type: All other areas ._Signa1 Operations__. 3 4 I 5 6 7 8 I NB Left I Thru I Right I Peds I SB Left P I Thru I Right P I Peds I EB Right I \VB Right Phase Combination 1 2 EB Left P Thru P A Right Peds VlB Left' Thru A Right A Peds NB Right SB Right Green 15.0 55.0 18,0 Yellow 3.0 3.0 3.0 All Red 1 , 0 1 . 0 1 . 0 Cycle Length: 100.0 sees Intersection Performance Summary Apprl Lane Ad) Sat Ratios Lane Group Approach Lane Group Flow Rate Grp Capacity (s)v7c g/C Delay LOS Delay LOS F.'a stbound L 271 T 3830 1805 5176 0.75 0.28 0, ] 5 0.74 58.2 4,3 E A 13,0 B Westbound T 2847 R 888 Northbound 5176 1615 0.20 0.01 0.55 0.55 11,4 10.2 B B 11.4 3 Southbound L 325 1805 0,02 0.18 33.9 C R 291 1615 Intersoction Delay 38.2 D 0.32 13.8 0.18 38.5 (see/veh) ~ u Intersection LOS .. B Aoenda item l~o..,gB - r,1ay 22. 2007 P8ge 96 8f 142 APPEl\TDIX DI-'j, Coo! ~ o ,'..1./ (', I j 3' "''.1 1 0 Tjm~ 7"'\1' 6.'~.< /l 11, Condition~jJ'/ !CJ/.{ v -, Date 'u. -~ -<. c ~ v 7.Yur.. I /. / ,) Vandey6;/t b'c~d ld, t C,,f. 9.5"/ ({'iJ.II/~r [Ivd . ( Roadwav Annroachincr Int. Southbound RT ,'frH' ST jflv LT itFHV Pf RR BS TN VOL (, 7 .2 141- 12 3' C> ;/ / 2/4 jD9 1 /72 3:< .2 () 50 .:2 283 7'3 6 /20 1.3' 0 tJ J() 3 /98 53 10 /1/:' ;(! ..2 U 29 1- 20 I =lRF "'~ 7 ;3=1+' 7~":{} :!fij"'-' '::;5=13= ::;;rr..':." 'r1 r: z5, . 4. :'&J"':'.:ii~ -:-7"- '7717T" '::"12"":' ,ZJ::: 7~4::~j:.'~~T':r2l m7+m, =?,){: T7 7'F~":tz :.:::r. 7.: '-1(;) '.=g= 'l'99~ "5.fcSI'fTHFi4- t~'t :~:~'I:d':' =:. ~7j ::.::::..104,w.z;i'}\, 30125 51"2. is 1 0 /Z,S 896 Road/We.ather Intersection North-South Roadway C,;f,95"/ East - W~9t Roadway .J!d.J..t d cy /; i Ii' 8 t'6 C h ;/d, p~""".,~, ~m;t inn 'nL T':as,bcmn,l '. LT ~'H\ ST l,H'V R'f "'ff' PD RR. BS TN \T()L .22 3 13 I /7 5 4 / s:z j I 5" / /3- 3 1- 2. 35 =2 I 3 /3 () 23 / 7, ? 57' 5'0 s 4 () 26 b n. 1- so - ,;::rc.:e.' "';r."'" '" ]-.....",.,,- r ..... "-(:' "::7:'" ":<>:"1:' -=r-'..,7 - I I 'A--.' v"- .~~- ;Z-O'_hh..:,.- .7:)----'~ -';.:r-- -'o::;r- --",-{;'" "/'" .....'1".,.. .....-. ....."l"'7'f-.,._... ,"or' --, ..,.-.. ....,..'(}.. "", o. .. .........T7- 0- -r;.'--f-I"*' '/'#". -Irr- ~ .~4;;:F :Jt'. :.'.,. ::5: :-0: -:::::28'.:' :4:' :'.'6' ,,1- ='T4 :"51:10':::::'9''0 ''':'.rs~:.:J.+-' :5~":8=~::':Jj.F- :.;.1b~S:T4-':'Z.':j:77 7:.1 .63 :7fi:.?::2j ,l::i.')' 12 35 ;( Q I ,,.. rJ I:? 32 ')".>4. ,<;.... !S.n LT ~ Left Turns ST ~ Straig11t.s RT ~ Right. Turns *HV = 6 Heavy Vehicl~s TM = Time Periods* PD -.:::; Pedestrians RR = Right Turn DnRed BS = Buses Stopping VOL = LT + ST + RT *TIME PERIOD KEY AM PM . 4 q ^ = 7:0cr-::7:15 ":0=:15 ,',.<. 7:15-7:30 4\J5-4:jO -1'9/ = 7:30-7:45 4: 30-f;45 't-F(f, = 7:45-8:00 4:45;:;, :004-7'" /91t, = 8:00-8:15 5: O~'-"'~ :'15 ~L~:3 ;5a7 = 8:15-8:30 5: l' -5" 301.,(0 IS/{;' = 8:30-8:45 5f30-5 :~5 of'.'?':;- 1791- 8:45-9:00 Jf ' /1 I ..- !tJ85 = : 45-6: ol'l 't.", " -.:)i:. = Tot.als Tota.ls Agenda Item No. 8B May 22, 2007 Pa\)~...9Z.nL14 A NORTH ADDroach1ncr Int Westbound ST JFH\ RT rHV PI\RR BS TN VO!~ j R .2 2c 2 f / 49 /" I 1 2 .I .:: 3.f. Ii? "'?, 6 Ci 0 3 32 .. .~ II 3 2/ I 7 ( 0 1, J.'L ~:::'Z.:.:=pr:. '0:[-' ".,..~, :.&l=::' :.~..:: "~'1iI::: '---1-,2 ,.., =m= :'7= =f"(;l: ~:: :,,_.'.)C~::I- --e:'='= '..'t= ::'2~ ..'.:r:~. ':7.' '''-''iT ..~. ...,..-.".. ~"""''', T1"..':;I'.._"'.. ''';;::;''-''[0'''1'''''' 1.0. ---"/" ''''1''(.: -:-1:r, '5':'41: *:::.::::y:: 'l- ::::... -(;j, -_.':fT-:' =?;f ..:file:: {51 trio: /8 : 6R . .7 ';t:: 701.' :;:F7il' Roadwav LT rH 5' () 13 2 8 .:z 37 'I fi' .2 (,;, ,-'- '7? I~ ~/tj Roadway Approaching Int. Northbound LT H'J ST ,jfHv' RT jj:HV PIt1R DS T),r;M SO 5' /18 21- 9 {) () ,L /77 ._,-,...:.., 57 /0 7S J6 (, () 0 2 /38 73 .2 ~;23 2" 2_rL J /69 64 10 87 Ig 6 0 / 4- /j'7 ~. .../ .. ""o:g' . r2' -n .. =,.-. ..".. 7T' , :::c.'J1l.'L ~.'T.:;) .'0<-0""0' .'''-r ....~~..7--..7._. ., ..... I' A: =''''YCj: 'b: RF9 . 71 :::,tF~ :z: ':iY ~:. 1'5.lf F-'n"'.o.... ",. "'J'o;'l ..,,-. 'X' ....... '''''''':'''7:.:' :n,-"" ...."'1'7..' 0 ., ... '13- ,';;l' ,..,., .J .......!J"... -'.''''''0''"'. -.': ..~ '.:L2:.~ \=3:';' : ffi8G: n' ..::y:.",'T=": .cF ::::.....15-= :in . :'~[t~~\~9 ''7i~177f11..:S7.: \::-';::1-" :';? ,.,: [bt rt~ ;z.'l~L 303M; 75 29;~..( (,.~i/ ;^Ioenda Item r~o. 8B " r\1ay 22. 2007 ;;;~jliy Drl . 'j~ . 98 of 142 . Conditions Oce, J..f. S!,OW:/:,j Date .3'-!11-tJZ Time 4,''''2...- <f,:~,J w Vander~;1t 8~ad /fa', .{ {';)f, 95/ (,~/I;<t il/v~J. I ".'/'."".< Intersection Roa 'Way Approac lng n "au oun R1' ''!IH S1' jl'IV LT fHV PD RR BS TM VOL =r.;At.. .;0(.' .1,....,... '-*.. e" -~-- 11"'/ .. -". 3.7 Z 132 )0 7 0 II .5 118 34- ;;.. J2 ?. ~ 3 I 2tJ c:, )5"9 27 J 87 S 6 0 /0 7 120 '<6 2 g 7'1.,,- 13 0 13 8 1m - .~.J..!...<.. d 'orth-South Roadway (',;?, 9~-/ :ast - Wes) Roadway 0.J1dt:l'bi/ Be-Clef, I?d. h' I t ~ thb d )2"1- 9 430 .26 3/ I >a.dr' hi",y r,.,r., 'e ~ ,,' , H' ST irHV RT ~HV PD RR. BS TM vm. :--' , 7'.l ?6 3 16 0 p3 4 13 ,5- 16S '2 ;( /6 0 57 :J /0 ~ Ibf '2 5 ,20 0 46 .3 )0 7 15'8 '&, '3 U' {) 13 ~ )1, i? 1'/4 . ...-, ,6 )3 61 0 2 () 9 1'1- q 9 6:9.. KEY l' = Left Turns l' = Stra ights T -::: Right Turns HV = # Heavy Vehicles M = Time Periods* D = Pedest.rians R = Right Turn 'on 'Red S = Buses Stopping OL ~ LT + ST + RT 'TIME PERIOD KEY .5~ 5'8,;" NORTH Roadwav Approaching Int. Westbound L1' fH 31' HV RT ilfHV PI I'R BS TM VOl, e . , , " - 2b '3 ,n $ " I 0 5' 7<2_ J I 24- 3 S- O () 6 lZ J2 I Ie 2 8 1 0 1 3f 6 {) /4- ..< 7 0 I 8 n , .-I-++- -,., , 17 S 91/- 12. 26 2. /67 Roadway Approaching lnt: Northbound -. LT ~V ST l#ld RT 'lll\ Pr RR m TM vnT. - ,,,,,", - ~ 20_ 2 lo~ 12_ ..I. 0 0 S J36 - 36 <;. In )3 t, I 0 ~ 15"9 JJ 6 1/6 )S ;< 0 ,:) 7 15"( ., 29 5 /37 lJ.. :3 / CZ_ t-- 8' 169 1 15 lir 1"7'1 .f;""g IS Z 0 ,j,lS AM o N..0fF0:1).5 7.15,,7;;30 7, 0-71: 45 ;; 7:4 ~~OO o 8:09" :15 08:1'5- .30 , 8/30-8: 5 = jl:45-9:0'Q, t '" Totals PM 4:0CJ=l:15542 4.15-4:30493 4:30-4:45 "f9'f 4:45-5:00 13ft 19([,7 5:00-5:15 j-i9 /971 5:15-5:305/.5 1996 5:30-5:4516:>7/9,},9 5:45-6:00 1~'/j 1999 'l'otals I Agenda Item No. 8B May 22. 2007 Page 99 of 142 O'RDIN.A.l'lCE NO'. 07,_ AN O'RDINANCE O'F THE BDARD DF CO'UNTY CDMMISSIOl\"ERS DF CDLLIER CO'L"NTY, FLORIDA ."JvlENDING ORDINAc"lCE NUMBER 04-41, AS AMENDED, THE CDLLIER COUNTY LivID DEVELDPMENT CDDE, WHICH INCLUDES THE COMPREHEl\"SIVE ZO'l\"ING REGULATlOl\"S FOR THE 'G'},lNCO'RPDRATED l,REA DF COLLIER CDUNTY, FLORIDA, BY Ac\1DIDING THE APPRO'PRL"-TE ZONING ATLAS MAP O'R MAPS BY CHANGING THE ZDNlli'G CLASSmCATlOl\" DF THE HEREIJ\ DESCRlBED REAL PRO'PERTY FROM THE RURAL AGRICULTL"RAL (A) AND PLANKED 'G'N1T DEVELDPMENT (PUD) ZO'NING DISTRICTS TO' RESIDENTIAL PLA..NNED UNIT DEVELO'PMENT (RPOO), TO' ADD 20.2710 ACRES Ac'ID il7 DWELLlKG UNITS FOR A TO'TAL OF 167.9610 ACRES ,A.KD 671 DWELLING UNITS, Al\TI AMEl\TI THE ALLO'WABLE USES ~"JD THE :v!ASTER PLAN, FOR PROPERTY LOCATED ON THE NORTH SIDE O'F VAl\TIERBILT BEACH ROAD (C.R. 862), APPRO'XIMATELY O''\IE,HALF MILE WEST DF CO'LLIER BO'ULEV ARD (C.R. 951), IN SECTlO'N 34, TO'VlNSHlP 48 SDUTH, RANGE 26 EAST, CDLLIER CDUNTY, FLORIDA, CDNSISTING DF 167.96" ACRES; PRDVIDING FDR THE REPEAL DF DRDINANCE NUMBER 03-45, THE FO'RMER WDLF CREEK POO; AND BY PRDVIDIJ\G AN EFFECTIVE DATE. WHEREAS, Larry Mayer Abbo, of Prime Homes at Portofino Falls, Ltd. and William L. Hoover, of Catalina Land Group Inc., both of whom are represented by David R Underhill, Jr., of Banks Engineering and Richard Y ovanovich, of Goodlette, Coleman and Johnson, P .A., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NDW, THEREFO'RE, BE IT O'RDAINED BY THE BO'ARD DF CDUNTY CDMMISSIONERS DF CDLLIER CDUNTY, FLORIDA, that: SECTlO'N D?-ffi: The zoning classification of the herein described property located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from the Rural Agricultural (A) and Planned Unit Development (POO) Zouing Districts to the Residential Planned Unit Development (RPuTI) Zoniug District in ""cordance with the RPUD Document, attached hereto as Exhibit "A", incorporated herein and by reference made a part hereof The appropriate Zoning Atlas Map or Maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. WotfCreek POO, PUDZ,A,2005,AR,7422 Page 10[2 .A.oenda Item No. 88 ~ May 22, 2007 Page 100 of 142 SECTION TWO: Ordinance Kumber 03-45, knovlll as the V-lolf Creek PU1). adopted on September 23. 2003, by the Board of Count), Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a super,majority vote of the Board of County Commissioners ofeoDier County, Florida, this _ day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMA,,'l Deputy Clerk Approved as to form and legal sufficiency: ~~, . -Y,"l'~ ' /")-j-; '. ~ J) 1(:._ ',' .1;.. I" (,~{(jJ,,-L.-t. 7ACc..t:"~j Marjorie) M. Student-Stirling Assistant County Attorney WQlfCreek P1.;D, PL'DZ,A,2005,AR,7422 Page 2 of2 Agenda item No. 8B May 22. 2007 Page 101 of 142 WOLF CREEK RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: LARRY MAYER ABBO, V.P. PRIME HOMES, INC. 21218 ST. ANDREWS BLVD., #510 BOCA RATON, FLORIDA 33433 and WILLIAM L. HOOVER, PRES, of CATALINA LAND GROUP, INC., the MANAGER of WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC 3775 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 PREPARED BY: BANKS ENGINEERING 2515 NORTH BROOKE PLAZA DRIVE, SUITE 200 NAPLES, FLORIDA 34119 ROBERT PRITT ROETZEL & ANDRESS, L.P.A. 850 PARK SHORE BOULEVARD, 3RD FLOOR NAPLES, FLORIDA 34103 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, PA 4001 TAMIAMI TRAIL N., #300 NAPLES, FLORIDA 34103 DATE FILED March 23, 2005 DATE REVISED Julv 18. 2006 DATE REVISED April 24, 2007 DATE REVIEWED BY CCPC April 19, 2007 DATE APPROVED BY BCC ORDINANCE NUMBER 2003-45 Revised 4/25/07 to reflect CCPC changes ,Agenda item 1'0. 8B MBY 22, 2007 PaJ8 102 of 142 AMENDMENTS AND REPEAL TABLE OF CONTENTS TABLE OF CONTENTS PAGE ii LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 6 SECTION III RESIDENTIAL AREAS PLAN 9 SECTION IV PRESERVE AREAS PLAN 14 SECTION V DEVELOPMENT COMMITMENTS 15 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS 11 Revised 4J25/07 to reflect CCPC changes ii Agenda Item No. 8B May 22, 2007 Page 103 of 142 LIST OF EXHIBITS AND TABLES EXHIBIT "A" RPUD MASTER PLAN EXHIBIT "B" RPUD CONCEPTUAL UTILlTYIWATER MANAGEMENT PLAN EXHIBIT "C" TABLE I LOCATION MAP DEVELOPMENT STANDARDS STATEMENT OF COMPLIANCE Revised 4/25J07 to reflect CCPC changes iii ,l\genda item No. 88 May 22, 2007 Page 104 of 142 The development of approximately 167.96 acres of property in Collier County, Florida, as a Residential Planned Unit Development (RPUD) to be known as the Wolf Creek Residential PUD, will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Wolf Creek RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location, in relation to existing or proposed community facilities and services, permits the development's residential density as described in Objective 2 of the Future Land Use Element (FLUE). 2. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project is located within the Urban Residential Subdistrict designation of the FLUE. The project density of 3.99 dwelling units per acre is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Densitv Maximum Permitted Density +4 +4 dwellinq unitslacre dwelling unitslacre Maximum permitted units = 167.96 acres x 4 dwelling unitslacre = 671 units. Requested dwelling units = 671, which results in a requested density of 3.99 dwelling units/acre. 6. All final local development orders for this project shall be subject to the Adequate Public Facilities Requirements, of the LDC. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION Rev,sed 4/25/07 2 Agenda Item No. 8B May 22. 2007 Page 105 of 142 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Wolf Creek Residential RPUD. 1.2 LEGAL DESCRIPTION The subject property being 167.96:!: acres, is comprised of 9 separate parcels that are located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. Parcel 1 - The South half of the Southwest quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet and the west 30 feet thereof. B. Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet thereof. C. Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less Parcel 3B, subject to an easement for public road right-of- way over and across the north 30 feet and the east 30 feet thereof. D. Parcel 3B - A parcel of land located in the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: commence at south Yo corner of Section 34, Township 48, Range 26 East, Collier County, Florida; thence run north 02013'26" west, along the east line of the southwest Yo of said Section 34, for a distance of 2005.53 feet to the southeast corner of the north Y, of the northeast Yo of the southwest Yo of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89051 '58" west, along the south line of the north Y, of the northeast Yo of the southwest Yo of said Section 34, for a distance of 1245.00 feet; thence run north 02013'26" west, parallel with the east line of the southwest Yo of said Section 34, for a distance of 420.21 feet; thence run south 89051'58" east, parallel with the south line of the north Y, of the northeast Yo of the southwest Yo of said Section 34, for a distance of 1245.00 feet; thence run south 02013'26" east, along the east line of the southwest Yo of said Section 34, for a distance of 420.21 feet to the Point of Beginning. Revised 4/25/07 2 A;)enda item 1'0. 8B May 22, 2007 Page 106 of 142 E. Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. F. Parcel 5 - The South half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the east 30 feet thereof and less the southerly 145 feet for Vanderbilt Beach Road right-of-way. G. Parcel 6 - The North half of the Southwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. H. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. I. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. J. Parcel 9 - The South half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP A. The subject property is owned by: 1. Parcels 1, 2, and 3A by William L. Hoover, President of Catalina Land Group, Inc., the manager of Wolf Creek Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. 2. Parcels 4 and 5 by Prime Homes at Portofino Limited, Attn.: Larry Mayer Abbo, 21218 SI. Andrews Boulevard, Suite 510, Boca Raton, Florida 33433. 3. Parcels 6, 7, and 8, by William L. Hoover, President of Catalina Land Group, Inc., the manager of Buckstone Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. Revised 4/25/07 4 Agenda Item I~o. 88 May 22. 2007 Page 107 of 142 4. Parcels 3B and 9 by Prime Homes at Portofino Falls, Ltd., 5555 Anglers Avenue #16B, Fort Lauderdale, Florida 33312. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road, approximately Y, mile west of Collier Boulevard (CR. 951), unincorporated Collier County, Florida. B. Parcel 9 currently has agricultural zoning and is proposed to be rezoned to RPUD. The remaining area (Parcels 1 - 8) are zoned PUD, Wolf Creek, approved by Collier County Ordinance No. 03-45 and are proposed to be rezoned to RPUD. An abandoned mobile home is located on Parcel 1, a newer modular home was erected on Parcel 2 but recently was relocated off-site, a mobile home was previously on Parcel 8 but has since been relocated off-site, a single-family home is on Parcel 10, and the remaining parcels are undeveloped. Parcels 1 and 8 have existing lakes on the properties. 1.5 PHYSICAL DESCRIPTION The project site is located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project will be to the northwest into the proposed Palermo Cove RPUD water management system and then to the west into the Island Walk stormwater management system and to the south along Vanderbilt Beach Road. In both cases, the stormwater outfall will enter the Island Walk stormwater management system. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on,site lake system prior to discharge as described above. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Revised 4/25/07 4 ,A.ganca item 1'10. 83 May :2. 2007 Page 108 of 142 Per Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum; #27 - Holopaw Fine Sand and #33 Urban Land - Holopaw - Basinger Complex. Site vegetation consists predominantly of pine f1atwoods, pine,cypress, cypress forest and woodland with a mix of different vegetation types. 1.6 PROJECT DESCRIPTION The Wolf Creek RPUD is a project comprised of a maximum of 671 residential units. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screeninglbuffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Wolf Creek Residential Planned Unit Development Ordinance." SECTION" PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Wolf Creek RPUD shall be in accordance with the contents of this Document, RPUD - Residential Planned Unit Development, and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Wolf Creek RPUD shall become Revised 4/25/07 5 Agenda Item No. 88 May 22, 2007 Page 109 of 142 part of the regulations which govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD other provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Requirements, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. There shall be numerous land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or SOP approval, subject to the provisions of the LDC. C. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 671 residential dwelling units shall be constructed in the residential areas of the project. The gross project area is 167.96:t acres. The gross project density shall be a maximum of 3.99 units per acre if all 671 dwelling units are approved and constructed. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, andlor condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, Collier County subdivision rules, and the platting laws of the State of Florida. Revised 4/25/07 6 Agenda Item No. 88 May 22, 2007 Page 110of142 B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a subdivision plat or SOP, as applicable, may be submitted for areas covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with the RPUD Master Plan and LDC. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shall be 671. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single,family dwellings (includes zero-lot line and townhouses intended for fee simple conveyance). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings. B. Permitted Accessorv Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. Revised 4/25107 7 Agenda Item No. 88 May 22. 2007 Page 111 of 142 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketballlshuffle board courts. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Essential services limited to utility facilities, such as electric transformers, pumps and lift stations. 6. Water management facilities. C. Interim Uses 1. The existing single-family home on parcel 10 shall be permitted for residential single-family land uses and customary accessory uses until construction is commenced on the parcel 10. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Wolf Creek RPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 3. Carports shall be permitted within parking areas and garages shall be permitted at the edge of vehicular pavements except garages shall be set back to provide 23 feet of driveway between the garage and sidewalk to prevent parked vehicles from overhanging the sidewalk. Revised 4/25/07 8 ,.6.genda Item No, 88 May 22. 2007 Page 112 of 142 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE,FAMlL Y SINGLE,F AMlL Y TWO,FAMlL Y AND MULTJ.FAMIL Y ATTACHED DUPLEX To\VNHOUSES Minimum Lot Area (per unit) 5,500 Sq. Ft. t ,800 Sq. Ft. 4,500 Sq. Ft. NA Minimum Lot \Vidth (1) 50' Interior Lots 18' Interior Lots 80' Interior Lot, (40') (2) NA 60' Corner Lots 25.5' Exterior Lots 100' Comer Lots (50') (2) NA Minimum Front Yard Setback (6) 23' (3) (4) 23' (3) (4) 23' (3) (4) t 5' (3) Minimum Side Yard Setback (5) (0) 1 Story 0' & 12' or both 6' NA 0' & 6' or both 6' 7.5' 2 St(1)' 0' & 15' or both 0' or 7.5' 0' & 7.5' or both 7.5' 10' 7.5' Minimum Rear 'Yard Setback (6) Principal Structure 20' t5' 20' 20' Accessory Structure to' 10' 10' 10' Minimum PUD Boundarv Setback Principal Structure NA NA NA 20' Accessory Structure NA NA NA to' Minimum Lake Setback (7) 20' 20' 20' 20' Minimum Preserve Area Setback Principal Structure Accessory Structure 25' 25' 25' 25' to' to' to' to' Minimum Distance Between Structures M ai fi':Principal/Accessory ],Story 12' NA 12' IS' 2-Stol)' ]5' 15' 15' 20' Maximum Hei!!ht Principal Building 35' and 2 stories 35' and 2 stories 35' and 2 stories 38' and 2 stories Accessory Building 25'/Ctubhouse 35' 25'/Clubhouse 35' 25'/Cluhhouse 35' 25'/Clubhouse 38' 1\linimum Floor Area t400 Sq. Ft. t 400 Sq. Ft. t 200 Sq. Ft. 1150 Sq. Ft. (l) May be reduced on cul,de,sac lots and lots along the inside and outside of curved streets by 25%. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2,family structure is on an individually platted lot. (3) Community tennis courts, basketball courts, and similar recreational facilities shall have a ] 5,foot minimum setback from all property boundaries of the recreational tractllot. (4) The front yard setback for side,loaded garages may he reduced to 18 feet, with the home remaining at 23 feet, where it can be demonstrated 2 vehicles can be adequately parked on douh]e,wide driveways without the vehicles overhanging onto the sidewalks loealed at the edge of the right,of,way. (5) Where fee simple lots are created for each dwelling unit, no side yard shall be required between interior units of a unified principal structure, and Ihe side yard shall be measured from exlerior wall of the unified principal structure. (6) In no instance shall there he an encroachment into a required landscape buffer. (7) Lake setbacks are measured from the control elevation established for the lake. B. Natural Habitat Preserve Area Requirements: Revised 4/25/07 9 Agenda Item No, 88 May 22. 2007 Page 113 of 142 1. A minimum of 32.32 acres of natural habitat areas shall be provided on-site, including both the under-story and the ground cover emphasizing the largest contiguous area possible, as described in the LDC. 2. All preserve areas shall be a minimum average of 50 feet in width and no less than 20 feet in width, pursuant to the LDC. C. Architectural Standards 1. All proposed lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified within any project that is developed. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the amenities within the project. Landscaping and streetscape materials shall also be similar in design along Pristine Drive and within any project that is developed.AII proposed roofs shall be finished in tile, metal, wood, or architecturally- designed shingles (such as Timberline). D. Siqns Signs shall be permitted as described within the LDC, except for signage described within Paragraph 3.4.H. E. Deviations 1. Deviation #1 seeks relief from LDC Section 5.06.02A.6.a that requires on-premises signs within residential districts to maintain a ten-foot setback from any property line unless placed on a fence or wall to allow a zero (0) foot setback from the property line shared with the Carolina Village Mixed Use PUD. This deviation will permit approximately half, of one double-faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek Residential PUD (labeled Pristine Drive on Exhibit "A") and the Carolina Village Mixed Use PUD and on the west side of the Carolina Village property line and to reduce the minimum 10-foot setback from the neighboring Carolina Village Mixed Use PUD to 0 feet with the advertising limited exclusively to no more than 3 residential developments within the Wolf Creek Residential PUD. The proposed sign shall meet all vehicular safety sight distance standards for Collier County and have a minimum 10- foot setback from the Vanderbilt Beach Road right-of-way, as described in Section 5.06.02A.6.a. of the LDC. The proposed sign shall be externally lighted. Revised 4/25/07 10 Aoenda item I~o, 88 " May 22, 2007 Page 114 of 142 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," RPUD Master Plan, as may be amended pursuant to this Document. Any approvals to remove native vegetation in the on-site Preserve Areas shall be conditional upon having a remaining minimum of 32.32 acres of native vegetation on-site. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following, subject to regional, state, and federal permits when required: A. Permitted Principal Uses and Structures: Revised 4/25/07 t ] Agenda !tern No. 88 May 22, 2007 Page 115 of 142 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with SOPs, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD, in effect at the time of final plat, final SOP approval or building permit application, as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project even if the land within the RPUD is not to be platted. The developer, its successor or assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. 5.3 PUD MASTER PLAN A. Exhibit "A," RPUD Master Plan, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SOP approval. Subject to the provisions and applicable sections of the LDC and the GMP, in effect at that time, amendments may be made from time to time. Revised 4/25/07 12 Agenda Item No. 88 May 22, 2007 Page 116 of 142 B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 5.5 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) _ Surface Water Permit Application, permit modification, or waiver shall be sent to Collier County Development Services Staff with the improvement plans. B. A copy of the SFWMD Surface Water Permit, SFWMD right-of-way Permit, and SFWMD Discharge Permit shall be submitted to Collier County Development Services Staff prior to final approval of the improvement plans. C. An excavation permit shall be required for the proposed lakes in accordance with the applicable County ordinances and SFWMD Rules. All road impact fees shall be paid prior to removal of material from the site. D. As applicable, existing or proposed easements for Collier County storm water facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 5.6 UTILITIES A. Water distribution, sewage collection and transmission and interim water andlor sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances, as amended, and other applicable County rules and regulations. B. The applicant shall reserve an area to be conveyed for a potable well easement on Parcel 6 at the time of plat or SDP approval, as applicable. The well easement shall not exceed a dimension of 40 feet by 40 feet. The Collier County Utilities Division will provide applicable technical support in agency permitting relative to lake siting or other relevant issues Revised 4/25/07 13 Agenda Item No. 88 May 22. 2007 Page 117 of 142 that may arise. The proposed well easement will not interfere with the location of project lakes or preserves. The applicant shall ensure that the well easement area has direct access onto Buckstone Drive in perpetuity. C. The applicant shall follow all current ordinances regarding utilities in effect at the time of SDP or plat approval. 5.7 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all development points of ingress and egress from any County collector or arterial roadway. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). C. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eiigible for impact fee credits. All required improvements shall be in piace and available to the public prior to the issuance of the first CO. D. Road Impact Fees shall be paid in accordance with applicable County D. ordinances and the LDC. E. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but are not limited to: safety, operational circulation, and roadway capacity. F. Interconnections shall be required by Collier County staff as a condition of SDP approval. G. The developer shall be responsible for its proportional share of the cost of a traffic signal system, or other traffic control device, sign, or pavement marking at any development entrance onto the County's collectorlarterial Revised 4/25/07 14 Agenda item No. 38 May 22. 2007 Page 118 of 142 roadway network, including both ends of the loop road, should a traffic signal be warranted. If warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of said traffic signal it shall be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Department. H. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan shall be considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended from time to time, and with the Collier County Long- Range Transportation Plan. I. When ingress and egress improvements are determined, as necessary, right-of-way and compensating right-of-way shall be provided for and in conjunction with said improvements. J. All work within the Collier County rights-of-way or public easements shall require a right-of-way permit. K. All internal access ways, drive aisles and roadways, not located within County right-of-way shall be privately maintained by an entity created by the developer, its successor in title, or assigns. 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. L. The proposed loop road located around the Mission Hills development, that would provide access for the project onto Collier Boulevard, is conceptually shown on the RPUD Master Plan and shall be a public roadway. It shall be designed and constructed to a minimum 30 mile per hour design speed. The construction costs of the loop road shall not be eligible for impact fee credits, but the developer of the roadway may be able to privately negotiate "fair share" payments or reimbursements from neighboring property owners. M. No building permits shall be issued for any of the additional 80 units approved in the 20 acres that is being added to this PUD until such time as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and Livingston Road, and CR 951 between Golden Gate Boulevard and Immokalee Road are substantially complete. Rev,sed 4/25/07 i5 Agenda Item No. 88 May 22. 2007 Page 119 of 142 5.8 PLANNING A. If during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 5.9 ENVIRONMENTAL A. A minimum of 32.32 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. The RPUD Master Plan identifies 30.8 acres. The remaining required preserve area of 1.52 acres shall be located adjacent to and contiguous with the identified preserve areas shown on the RPUD Master Plan. This remaining required preserve acreage shall be identified on the first SDP submitted after approval of this RPUD. B. Any development order approval having FLUCFCS 424 melaleuca areas within its preserve areas shall require supplemental plantings within such melaleuca areas. 5.10 PARKS AND RECREATION The developer shall provide a CPSC and ASTM certified commercial grade playground, designed for 2 to 12-year old children residing in that community or their invited guests. The playground shall be provided in a common area and shall be operational before the issuance of any CO for the permanent residential units. Revised 4/25/07 16 EXHIBIT ""A"" .!\genca Item !'O. 88 May 22. 2007 Page 120 of 142 WOLF CREEK RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD. A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY lAND DEVELOPMENT CODE PREPARED FOR: LARRY MAYER ABBO, V.P. PRIME HOMES, INC. 21218 ST. ANDREWS BLVD., #510 BOCA RATON, FLORIDA 33433 and WILLIAM L. HOOVER, PRES. of CATALINA LAND GROUP, INC., the MANAGER of WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC 3775 AIRPORT ROAD N., SUITE B NAPLES, FLORIDA 34105 PREPARED BY: BANKS ENGINEERING 2515 NORTHBROOKE PLAZA DRIVE, SUITE 200 NAPLES, FLORIDA 34119 ROBERT PRITT ROETZEL & ANDRESS, L.P.A. 850 PARK SHORE BOULEVARD, 3RD FLOOR NAPLES, FLORIDA 34103 and RICHARD D. YOVANOVICH GOODLETTE, COLEMAN & JOHNSON, PA 4001 TAMIAMI TRAIL N., #300 NAPLES, FLORIDA 34103 DATE FILED March 23, 2005 DATE REVISED Julv 18. 2006 DATE REVISED April 24. 2007 DATE REVIEWED BY CCPC April 19. 2007 DATE APPROVED BY BCC ORDINANCE NUMBER 2003-45 AMENDMENTS AND REPEAL Revised 4J24/07 to reflect CCPC changes A08nda Item No. 88 " May 22. 2007 Page 121 of 142 TABLE OF CONTENTS TABLE OF CONTENTS PAGE ii LIST OF EXHIBITS AND TABLES iii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 6 SECTION III RESIDENTIAL AREAS PLAN 9 SECTION IV PRESERVE AREAS PLAN 14 SECTION V DEVELOPMENT COMMITMENTS 15 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS 11 Revised 4/24/07 to reflect cepe changes ii Agenda Item No. 88 rv1ay 22, 2007 Page 122 of 142 LIST OF EXHIBITS AND TABLES EXHIBIT "A" RPUD MASTER PLAN EXHIBIT "B" RPUD CONCEPTUAL UTILlTYIWATER MANAGEMENT PLAN EXHIBIT "C" LOCATION MAP TABLE I DEVELOPMENT STANDARDS Revised 4/24/07 to reffect cepe changes II] Agenda Item No. 88 May 22. 2007 Page 123 of 142 STATEMENT OF COMPLIANCE The development of approximately 167.96 acres of property in Collier County, Florida, as a Residential Planned Unit Development (RPUD) to be known as the Wolf Creek Residential PUD, will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Wolf Creek RPUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property's location, in relation to existing or proposed community facilities and services, permits the development's residential density as described in Objective 2 of the Future Land Use Element (FLUE). 2. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. 3. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. 4. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 5. The project is located within the Urban Residential Subdistrict designation of the FLUE. The project density of 3.99 dwelling units per acre is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Base Densitv Maximum Permitted Density +4 +4 dwellinq units/acre dwelling unitslacre Maximum permitted units = 167.96 acres x 4 dwelling unitslacre = 671 units. Requested dwelling units = 671, which results in a requested density of 3.99 dwelling units/acre. 6. All final local development orders for this project shall be subject to the Adequate Public Facilities Requirements, of the LDC. Revised 4J24/07 to reflect CCPC changes Agenda item No. 88 May 22. 2007 Page 124 of 142 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Wolf Creek Residential RPUD. 1.2 LEGAL DESCRIPTION The subject property being 167.96:t acres, is comprised of 9 separate parcels that are located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, and are fully described as: A. Parcel 1 - The South half of the Southwest quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the south 30 feet and the west 30 feet thereof. B. Parcel 2 - The South half of the Southeast quarter of the Northwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of,way over and across the south 30 feet thereof. C. Parcel 3A - The North half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, less Parcel 3B, subject to an easement for public road right,of- way over and across the north 30 feet and the east 30 feet thereof. D. Parcel 3B - A parcel of land located in the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: commence at south Y. corner of Section 34, Township 48, Range 26 East, Collier County, Florida; thence run north 02'13'26" west, along the east line of the southwest Y. of said Section 34, for a distance of 2005.53 feet to the southeast corner of the north Y, of the northeast Y. of the southwest Y. of said Section 34 and the Point of Beginning of the parcel of land herein described: thence run north 89'51'58" west, along the south line of the north Y, of the northeast Y. of the southwest Y. of said Section 34, for a distance of 1245.00 feet; thence run north 02'13'26" west, parallel with the east line of the southwest Y. of said Section 34, for a distance of 420.21 feet; thence run south 89'51'58" east, parallel with the south line of the north Y, of the northeast Y. of the southwest Y. of said Section 34, for a distance of 1245.00 feet; thence run Revised 4/24J07 to reflect CCPC changes 2 Agenda Item No. 88 May 22. 2007 Page 125 of 142 south 02013'26" east, along the east line of the southwest Y. of said Section 34, for a distance of 420.21 feet to the Point of Beginning. E. Parcel 4 - The North half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. F. Parcel 5 - The South half of the Southeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement for public road right-of-way over and across the east 30 feet thereof and less the southerly 145 feet for Vanderbilt Beach Road right-of-way. G. Parcel 6 - The North half of the Southwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. H. Parcel 7 - The South half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. I. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of the Southeast quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. J. Parcel 9 - The South half of the Northeast quarter of the Southwest quarter of Section 34, Township 48 South, Range 26 East, Collier County, Florida. 1.3 PROPERTY OWNERSHIP A. The subject property is owned by: 1. Parcels 1, 2, and 3A by William L. Hoover, President of Catalina Land Group, Inc., the manager of Wolf Creek Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. 2. Parcels 4 and 5 by Prime Homes at Portofino Limited, Attn.: Larry Mayer Abbo, 21218 SI. Andrews Boulevard, Suite 510, Boca Raton, Florida 33433. 3. Parcels 6, 7, and 8, by William L. Hoover, President of Catalina Land Group, Inc., the manager of Buckstone Estates, LLC, 3785 Airport Road North, Suite B-1, Naples, Florida 34105. Revised 4/24/07 to reflect CCPC changes 3 Agenda item No. 88 May 22. 2007 F'a;Je 126 of 142 4. Parcels 3B and 9 by Prime Homes at Portofino Falls, Ltd., 5555 Anglers Avenue #16B, Fort Lauderdale, Florida 33312. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located on the north side of Vanderbilt Beach Road, approximately Y, mile west of Collier Boulevard (CR. 951), unincorporated Collier County, Florida. B. Parcel 9 currently has agricultural zoning and is proposed to be rezoned to RPUD. The remaining area (Parcels 1 - 8) are zoned PUD, Wolf Creek, approved by Collier County Ordinance No. 03-45 and are proposed to be rezoned to RPUD. An abandoned mobile home is located on Parcel 1, a newer modular home was erected on Parcel 2 but recently was relocated off-site, a mobile home was previously on Parcel 8 but has since been relocated off-site, a single-family home is on Parcel 10, and the remaining parcels are undeveloped. Parcels 1 and 8 have existing lakes on the properties. 1.5 PHYSICAL DESCRIPTION The project site is located within the Harvey Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project will be to the northwest into the proposed Palermo Cove RPUD water management system and then to the west into the Island Walk stormwater management system and to the south along Vanderbilt Beach Road. In both cases, the stormwater outfall will enter the Island Walk stormwater management system. Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the project will include the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge as described above. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Revised 4/24/07 to reflect CCPC changes 4 Agenda Item No. 88 May 22, 2007 Page 127 of 142 Per Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum; #27 - Holopaw Fine Sand and #33 Urban Land - Holopaw - Basinger Complex. Site vegetation consists predominantly of pine flatwoods, pine-cypress, cypress forest and woodland with a mix of different vegetation types. 1.6 PROJECT DESCRIPTION The Wolf Creek RPUD is a project comprised of a maximum of 671 residential units. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screeninglbuffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Wolf Creek Residential Planned Unit Development Ordinance." Revised 4/24/07 to reflect CCPC changes 5 Agenda Hem No. 88 ~~ay 22. 2007 Page 128 of 142 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Wolf Creek RPUD shall be in accordance with the contents of this Document, RPUD - Residential Planned Unit Development, and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Wolf Creek RPUD shall become part of the regulations which govern the manner in which the RPUD site may be developed. D. Unless modified, waived or excepted by this RPUD other provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this RPUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Requirements, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. There shall be numerous land use tracts, plus necessary water management lakes, street rights,of-way, the general configuration of which is also illustrated by Exhibit "A". B. Areas illustrated as lakes by Exhibit "Au shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent Revised 4/24J07 to reflect CCPC changes 6 Agenda Item No. 88 May 22, 2007 Page 129 of 142 wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of subdivision plat or SDP approval, subject to the provisions of the LDC. C. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public) shall be established within or along the various Tracts as may be necessary. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 671 residential dwelling units shall be constructed in the residential areas of the project. The gross project area is 167.96:t acres. The gross project density shall be a maximum of 3.99 units per acre if all 671 dwelling units are approved and constructed. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, andlor condominium plat for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan, Collier County subdivision rules, and the platting laws of the State of Florida. B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a subdivision plat or SDP, as applicable, may be submitted for areas covered by the RPUD Master Plan. Any division of the property and the development of the land shall be in compliance with the RPUD Master Plan and LDC. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. Revised 4J24J07 to reflect CCPC changes 7 Aoenda Item r,o. 88 - May 22. 2007 Page 130 of 142 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", RPUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the RPUD shall be 671. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line and townhouses intended for fee simple conveyance). 2. Two-family dwellings and duplexes. 3. Multi-family dwellings. B. Permitted Accessorv Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketballlshuffle board courts. 3. Temporary sales trailers and model units. 4. Gatehouse. 5. Essential services limited to utility facilities, such as electric transformers, pumps and lift stations. 6. Water management facilities. Revised 4/24/07 to reflect cepe changes 8 Agenda Item No. 88 May 22, 2007 Page 131 01142 C. Interim Uses 1. The existing single-family home on parcel 10 shall be permitted for residential single-family land uses and customary accessory uses until construction is commenced on the parcel 1 O. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Wolf Creek RPUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. 3. Carports shall be permitted within parking areas and garages shall be permitted at the edge of vehicular pavements except garages shall be set back to provide 23 feet of driveway between the garage and sidewalk to prevent parked vehicles from overhanging the sidewalk. Revised 4/24J07 to reflect CCPC changes 9 Aaenda Item I~o. 88 ~ f\'iay 22, 2807 P3J8 132 of 142 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE-FAMIL Y SINGl.E,F AMIL Y TWO,F AMIL Y AJ\'D MULTI,FAMILY ATTACHED DUPLEX TOWNHOUSES Minimum Lot Area (per unit) 5,500 Sq. Ft. t ,ROO Sq. Ft. 4,500 Sq. Ft. NA Minimum Lot Width (t) 50' Interior Lots ] 8' Interior Lots gO' Interior Lots (40') (2) NA 60' C orner Lots 25.5' Exterior Lots 100' Comer Lots (50') (2) NA Minimum Front Yard Sethack (6) 23' (3) (4) 23' (3) (4) 23' (3) (4) t5' (3) Minimum Side Yard Sethack (5) (6) 1 Stor~y 0' & t2' or hath 6' NA 0' & 6' or both 6' 7.5' 2 Story 0' & 15' or both 0' or 7.5' 0' & 7.5' or both 7.5' ]0' 7.5' Minimum Rear Yard Setback (6) Principal Structure 20' t 5' 20' 20' Accessory Structure to' la' la' to' Minimum PUD Boundarv Setback Principal Structure NA NA NA 20' Accessory Structure NA NA NA ]0' Minimum Lake Setback (7) 20' 20' 20' 20' Minimum Preserve :\rea Setback Principal Structure Accessory Structure 25' 25' 25' 25' 10' 10' to' la' Minimum Distance 13et\l1'eeo Structures Main 'Prine ipa},./Accessory I,StOlY 12' NA 12' t 5' 2-Story 15' 15' t5' 20' Maximum Hei!.!ht Principal Building 35' and 2 stories 35' and .2 stories 35' and 2 stOJies 38' and .2 stories Accessory Building 2.5'iClubhouse 35' 25'/Cluhhouse 35' 25''/Clubhouse 35' 25'/Ctubhouse 3g' Minimum Floor Area t400Sq.Ft. 1400 Sq. Ft. t 200 Sq. Ft. t t50 Sq. Ft. (I) May be reduced on cu],de,sac lots and lots along tbe inside and outside of eurved streets by 25"/',. (2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) Community tennis courts, basketball courts, and similar recreational facilities shall Iiave a ] 5,1'00t minimum setback from all prope11y boundaries of the recreational tractllot. (4) Tlie front yard setback for sidc,loaded garages may be reduced to 18 feet, with the home remaining at 23 feet, where it can be demonstrated 2 vehicles can be adequately parked on double, wide driveways without the vehicles overhanging onto the sidewalks located at the edge of the right-of-\vay. (5) Where fee simple lots are created for each dwelling unit, no side yard shall be required between interior units of a unified principal structure, and the side yard shall be measured from exterior wall of the unified principal structure. (6) In no instance shall there be an encroachment into a required landscape bulTer. (7) Lake setbacks arc measured from the control elevation established for the lake. Revised 4J24/07 to reflect CCPC changes 10 Agenda Item No. 8B May 22. 2007 Page 133 of 142 B. Natural Habitat Preserve Area Reauirements: 1. A minimum of 32.32 acres of natural habitat areas shall be provided on-site, including both the under-story and the ground cover emphasizing the largest contiguous area possible, as described in the LDC. 2. All preserve areas shall be a minimum average of 50 feet in width and no less than 20 feet in width, pursuant to the LDC. C. Architectural Standards 1. All proposed lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified within any project that is developed. Said unified architectural theme shall include a similar architectural design and use of similar materials and colors throughout all of the amenities within the project. Landscaping and streetscape materials shall also be similar in design along Pristine Drive and within any project that is developed. All proposed roofs shall be finished in tile, metal, wood, or architecturally-designed shingles (such as Timberline). D. Sians Signs shall be permitted as described within the LDC, except for signage described within Paragraph 3.4.H. E. Deviations 1. Deviation #1 seeks relief from LDC Section 5.06.02A.6.a that requires on-premises signs within residential districts to maintain a ten-foot setback from any property line unless placed on a fence or wall to allow a zero (0) foot setback from the property line shared with the Carolina Village Mixed Use PUD. This deviation will permit approximately half, of one double-faced sign a maximum of 8 feet in height and 64 square feet in area, located in a median in the road between the Wolf Creek Residential PUD (labeled Pristine Drive on Exhibit "A") and the Carolina Village Mixed Use PUD and on the west side of the Carolina Village property line and to reduce the minimum 10-foot setback from the neighboring Carolina Village Mixed Use PUD to 0 feet with the advertising limited exclusively to no more than 3 residential developments within the Wolf Creek Residential PUD. The proposed sign shall meet all vehicular safety Revised 4/24/07 to reflect CCPC changes I t Agenda Item No. 83 May 22. 2007 Page 134 of 142 sight distance standards for Collier County and have a minimum 10- foot setback from the Vanderbilt Beach Road right-of-way, as described in Section 5.06.02A.6.a. of the LDC. The proposed sign shall be externally lighted. Revised 4/24/07 to reflect cepe changes ] 2 Agenda Item No. 88 May 22, 2007 Page 135 of 142 SECTION IV PRESERVE AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," RPUD Master Plan, as may be amended pursuant to this Document. Any approvals to remove native vegetation in the on-site Preserve Areas shall be conditional upon having a remaining minimum of 32.32 acres of native vegetation on-site. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following, subject to regional, state, and federal permits when required: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Revised 4J24J07 to reflect CCPC changes J 3 ;:..genda Item r~o. 8B [,,1ay 22, 2007 Page 136 of 142 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 5.2 GENERAL All facilities shall be constructed in strict accordance with SDPs, final subdivision plats and all applicable State and local laws, codes, and regulations applicable to this RPUD, in effect at the time of final plat, final SDP approval or building permit application, as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the LDC shall apply to this project even if the land within the RPUD is not to be platted. The developer, its successor or assigns, shall be responsible for the commitments outlined in this Document. The developer, its successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. 5.3 PUD MASTER PLAN A. Exhibit "A," RPUD Master Plan, illustrates the proposed Development and is conceptual in nature. Proposed area, lot or land use boundaries, or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SDP approval. Subject to the provisions and applicable sections of the LDC and the GMP, in effect at that time, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Revised 4J24J07 to reflect CCPC changes 14 Agenda Item No. 88 May 22, 2007 Page 137 of 142 5.5 WATER MANAGEMENT A. A copy of the South Florida Water Management District (SFWMD) _ Surface Water Permit Application, permit modification, or waiver shall be sent to Collier County Development Services Staff with the improvement plans. B. A copy of the SFWMD Surface Water Permit, SFWMD right-of-way Permit, and SFWMD Discharge Permit shall be submitted to Collier County Development Services Staff prior to final approval of the improvement plans. C. An excavation permit shall be required for the proposed lakes in accordance with the applicable County ordinances and SFWMD Rules. All road impact fees shall be paid prior to removal of material from the site. D. As applicable, existing or proposed easements for Collier County stormwater facilities shall be maintained free of landscaping, berms or any other kind of obstacles that would impede adequate access to maintenance crews and equipment. 5.6 UTILITIES A. Water distribution, sewage collection and transmission and interim water andlor sewage treatment facilities to serve the project shall be designed, constructed, conveyed, owned and maintained in accordance with applicable County ordinances, as amended, and other applicable County rules and regulations. B. The applicant shall reserve an area to be conveyed for a potable well easement on Parcel 6 at the time of plat or SOP approval, as applicable. The well easement shall not exceed a dimension of 40 feet by 40 feet. The Collier County Utilities Division will provide applicable technical support in agency permitting relative to lake siting or other relevant issues that may arise. The proposed well easement will not interfere with the location of project lakes or preserves. The applicant shall ensure that the well easement area has direct access onto Buckstone Drive in perpetuity. C. The applicant shall follow all current ordinances regarding utilities in effect at the time of SOP or plat approval. Revised 4/24/07 to reflect CCPC changes 15 l~..gencJa item ~~o. ,SB May 22. 2007 Page 138 of 142 5.7 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC. B. Arterial level street lighting shall be provided at all development points of ingress and egress from any County collector or arterial roadway. Said lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). C. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road Impact Fees shall be paid in accordance with applicable County ordinances and the LDC. E. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but are not limited to: safety, operational circulation, and roadway capacity. F. Interconnections shall be required by Collier County staff as a condition of SDP approval. G. The developer shall be responsible for its proportional share of the cost of a traffic signal system, or other traffic control device, sign, or pavement marking at any development entrance onto the County's collectorlarterial roadway network, including both ends of the loop road, should a traffic signal be warranted. If warranted, upon the completion of the installation, inspection, burn,in period, and final approvallacceptance of said traffic signal it shall be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Department. Revised 4/24/07 to reflect CCPC changes 16 Agenda Item I~o. 88 May 22. 2007 Page 139 of 142 H. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan shall be considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Resolution No. 01-247), as it may be amended from time to time, and with the Collier County Long- Range Transportation Plan. I. When ingress and egress improvements are determined, as necessary, right-of-way and compensating right-of-way shall be provided for and in conjunction with said improvements. J. All work within the Collier County rights-of-way or public easements shall require a right-of-way permit. K. All internal access ways, drive aisles and roadways, not located within County right-of-way shall be privately maintained by an entity created by the developer, its successor in title, or assigns. 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. L. The proposed loop road located around the Mission Hills development, that would provide access for the project onto Collier Boulevard, is conceptually shown on the RPUD Master Plan and shall be a public roadway. It shall be designed and constructed to a minimum 30 mile per hour design speed. The construction costs of the loop road shall not be eligible for impact fee credits, but the developer of the roadway may be able to privately negotiate "fair share" payments or reimbursements from neighboring property owners. M. No building permits shall be issued for any of the additional 80 units approved in the 20 acres that is being added to this PUD until such time as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and Livingston Road, and CR 951 between Golden Gate Boulevard and Immokalee Road are substantially complete. 5.8 PLANNING A. If during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Revised 4J24J07 to reflect CCPC changes ] 7 l\genda :tern No. 88 May 22. 2007 Page 140 of 142 5.9 ENVIRONMENTAL A. A minimum of 32.32 acres of native vegetation shall be preserved on-site, including all 3 strata, and emphasizing the largest contiguous area possible. The RPUD Master Plan identifies 30.8 acres. The remaining required preserve area of 1.52 acres shall be located adjacent to and contiguous with the identified preserve areas shown on the RPUD Master Plan. This remaining required preserve acreage shall be identified on the first SDP submitted after approval of this RPUD. B. Any development order approval having FLUCFCS 424 melaleuca areas within its preserve areas shall require supplemental plantings within such melaleuca areas. 5.10 PARKS AND RECREATION The developer shall provide a CPSC and ASTM certified commercial grade playground, designed for 2 to 12-year old children residing in that community or their invited guests. The playground shall be provided in a common area and shall be operational before the issuance of any CO for the permanent residential units. Revised 4/24J07 to reflect CCPC changes 18 OJr"-N co8:! .'- '"\I 4- .0 "~ '-".q- ID~"- ~~ ~ cu'"'- CO 2' D- ID OJ <( J :'kd ~1r'1 ~[i;; i!lii i~U~ st~il 811d~ h.h! " t ! :! I "I! ."1" II !i I III I,! 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'I \" Ill,,: I. 1]1, ''\Th'''', Ii' I 11- I t I I 'r I ~"" " 1 --'--~- II I ~I ", IIJ \ ,-",J, "/' III, III ~$~ --' ~t.1 I' ., 1__,1 III (, ,I"~ - ; !I:' I~ II I' I,.I,! i 1'11,1 'I i I -I II/ , I ~[~f~ f~ld ~aid fer luJi ill>~~1 hJ!i -- ~- - --- --- -- I~ " < I ,- "1- Iii' I !llll II ;'~ , IclJl, . 11'-- '11!llIl; ) 111,,1 :1 .' ,~ I \~ ~' J I: ill !l ' I ~~E III '~8 'I ' * & I . -- ~:~ I II ;~/' I. \ !\~\\~ \. I "-~;.'...~,'-'''' I.UM::"~=- I II ! I! rl i , -Ii . , I ! I ! II! !_ i! 1111 illl l' I ! , !, \ - I' , """:;.....--:'.. ~ 11 ~ ' H ,. .... H ~5 i- U~'f 'wi illl: il :- " ,. 'I , , , ~, ~; I J'" i '!d ..~~,&!! .~~-~ i1'i';' l ~.~~ Jlil!:!' Ii'! lae,' .,Ii ! I, . I ' .1 ,I II I II! , I. il II 'II iU I!, I" I I ~ , I ,I, i HI :j ~lm ..1IIlIlWar.x:ltclMUJ........WlII'tUCVUiM-m-L~.~)S;I()~lIISIl8rBJllIl-\IIIlll'jllM.'1 Agenda !Iem No. Be May 22, 2007 Pc:ge 1 of 84 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners (Board) to consider adoption of an Ordinance establishing the Falls of Portofino Community Development District (CDD) pursuant to Section ] 90.005, Florida Statutes. This item is a companion to item RZ-2005- AR-7422 Wolf Creek PUD OBJECTIVE: The objective of this public hearing is for the Board to review and consider a petition for the establishment of the Falls of Portofino Community Development District (CDD) by adoption of an ordinance. BACKGROUND: This is a companion item to Item 8B, RZ,2005,AR,7422 Wolf Creek PUD rezone petition. This matter first came bcfore the Board on October 24, 2006, when it was continued due to a pending rczone of 20r acres which were to be included in the proposed CDD. At that time, the Board directed that this item come back before it as a companion item to the rezone petition. CONSIDERATIONS: On December 13, 2005, Prime Homes at Portofino Falls, LTD, a Florida Limited Partnership (Petitioner), hereby filed a petition for the establishment of the Falls of Portofino Community Development District. A mandatory $15,000 application fee was submitted with the petition. The proposed District is located entirely within Collier County, Florida. The site is located on the north side of Vanderbilt Beach Road, between Collier Blvd. and Logan Blvd., in Section 34, Township 48 South, Range 26 East. A map showing the location of the land area to be serviced by the District, as well as a metes and hounds description of the proposed CDD, appears as Exhibits 1 & 2 to the petition. The landowners' consent to the establishment of the proposed COD appears as Exhihit 3 of the petition. The COD is comprised of approximately 68.39r acres (including the 20r acre pending rezone). A total of 490 residential units are proposed to be constructed within the District. If approved, this would be the smallest CDD in Collier County. To date, the smallest approved Community Development District in Collier County is Pine Air Lakes CDD, consisting of 149.90r acres. By adopting the ordinance and granting the Petition, the Board of County Commissioners would authorize the District, through its Board of Supervisors, to manage and finance certain basic infrastructure for the benefit of the landowners and residents of the Falls of Portofino Development. This infrastructure, under Section 190.0] 2( 1), Florida Statutes, includes basic urban systems, facilities and services, including water supply, sewers and wastewater management, surface water control and management (drainage), roads, hridges and street lights. If the ordinance is adopted, the CDD may later petition the Board for additional powers pursuant to Section 190.012(2), Florida Statutes. These powers may include the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational uses, as well as security, Aoenda Item No. 8e ~ f..,1ay 22,2007 Page 2 of 84 including, but not limited to, guard, houses, fences and gates, clectronic intrusion-detection systems, and patrol cars, with ccrtain cxceptions. The District Board ofSupcrvisors is initially elected for the first six years of the duration of this District in a property-based election (one, acre, one,vote), which has been specifically ruled constitutional (State of Florida v. Frontier Acres Communitv Dcvelopment Dist., 472 So. 2d 455 (Fla. 1985)). By opcration oflaw, in time, the Supervisors are elected on a one,person, one-vote basis. In order to provide the basic systems, facilities and services, the District has certain management and financing powers. It may only exercise those powers, however, if they comply with certain strict and detailed procedural requirements including ethics in govemment, disclosure, conflict of interest requirements, noticed meetings, government-in,the,sunshine conduct, accounting and reporting requirements to various local and state agencies, consultants' competitive negotiation procedurcs, competitive bidding procedures and othcrs. The adoption of the CDD ordinance does not constitute a fOlm of development approval. Adoption of the CDD and compliance with these many procedural requirements does not, in any way, allow the District to manage and finance any of these services and facilities without showing that all legitimate policies, constraints, authorities, controls, pennits or conditions on the development of the land, whether local, regional, state or federal in nature, and whether in the form of policies, laws, rules, regulations or ordinances, have been complied with concerning development of the propeliy. In essence, adoption of the CDD ordinance does not exempt the petitioner from compliance with any applicable local, regional, state or federal permitting or regulatory processes. In this sense, the Community Development District is merely a mechanism to assure the County and the landowners of the distIict that the provision of infrastructure and services for the PUD is managed and financed in an efficient and economical way. Finally, in order to prevent potential abuses of districts by landowners or by other local governments, the Legislature has provided that the chmier of the District, in the general statute itself, may be amended only by the Legislature. In order to provide these systems, facilities and services, the District also is given certain eminent domain powers within tight constraints as well as the authority to require service charges, fees or taxes for the various services rendered, ranging from installation of capital facilities to long-term maintenance and repair. Without the County's consent, by resolution, the aforementioned eminent domain power is limited to the boundmies of the District. The District may also issue revenue and other user bonds as well as general obligation bonds. However, no general obligation bonds can be issued without a referendum and without showing that the bond will not exceed 35 percent of the assessed valuation of the propeliy within the District. Even with these safeguards and constraints, during the first six years of the District's existence, the Board of Supervisors shall not issue general obligation bonds unless the Board fIrst holds elections on a one'person, one, vote basis for a new Board of Supervisors. Accordingly, if Collier County adopts the ordinance, thcn it establishes the Falls of Porto fino Community Development District as a management tool to benefit both Collier County's existing and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible service provision without burdening the existing taxpayers and financial structure of Collier 2 Agenda irern rJo. Be fv1av 22. 2007 Page :3 of 84 County. In addition, the Distlict is also a financing tool on the balance sheet of the County and the developer. It will provide long, range and sustained quality service to initial and subsequent landowners without burdening Collier County and its taxpayers. Finally, such a District may not outlive its practical utility and usefulness. If it ceases to function, it will automatically be disbanded by state law. If at any time during its existence Collier County dctcl111incs by a non-cmergency ordinance that it can provide anyone of the district services in a more economical manner, over the long tenn, at lower cost but with higher quality, Collier County may then take that service away from the District and provide the service itsclf. Section 190.005, Florida Statutes provides that the exclusive and unifonn method for establishment of a COD of less than 1,000 acres shall be by County ordinance. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six factors for the Board of County Commissioners to consider in detel111ining whether to grant or deny a petition for the establishment of a COD as follows: I. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the District is inconsistent with any applicable element or portion of the state comprehensive plan or of the effcctive local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the District is the best alternative available for delivering community development services and facilities to the area that will be served by the District. 5. Whethcr the community development services and facilities of the DistIict will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the District is amenable to separate special, district government. County planning, transportation and public works staffs have reviewed the petition and exhibits submitted by the petitioners (attached) relative to these six factors and have found the proposed Falls of Portofino COD petition to be compliant with each of the six review factors. Staff analysis relative to the six factors can be found in Attachment 2. FISCAL IMPACT: There is no Fiscal Impact to the County. Howevcr, it is should be noted that the estimated intcmal inil"astructure and services to be financed by the COD is $7,750,000, consisting of roadway and utilities construction, water management, landscaping, lighting, signage, environmental mitigation and contingency costs. Utilities will eventually be tumed over to Collier County. 3 !-'-oq~n(1a Item No. se - r'Aay 22,2007 Page 4 o:Jf 84 DISTRICT RESPONSIBILITIES: According to the petition, if the ordinance is adopted, the Falls of Portofino Connnunity Development District will assume responsibility for the following: (1) General development of the approved uses within the District (2) Roadways (3) Street Lights, landscaping and signage (4) Stormwater Management (5) Water & Sewer Utilities (6) Environmental Mitigation and (7) Other matters related to the above tasks GROWTH MANAGEMENT IMPACT: The 68.39:t acres of the Falls of Portofino CDD are designated Urban - Mixed Use District, Urban Residential Subdistrict, on the Collier County Future Land Use Map. Although the establishment of this District does not constitute any development approval, the plan of development previously approved for the subject property has been deternlined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any future petitions for rezone or development pernlits will be subsequently reviewed at the time of submittal, and will be subject to the requiremcnts and limitations specificd in thc Collier County Land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time. LEGAL CONSIDER<\. TJONS: If adopted by the Board of County Commissioners, the subject Ordinance would establish a Community Developmcnt District (CDD) and a District Board of Supervisors. The purpose of establishing a CDD, as per Chapter 190, Florida Statutcs, is to establish an indepcndent special district as an alternative method to manage and finance basic serviccs for community development. The primary purpose of a CDD is to provide a long,tell11 financing mechanism for the subject development through assessments, ad valorem taxation, and issuance of bonds. The Executive Summary and proposed Ordinance authorized by Section 19(1.O05(2), Florida Statutes, has been reviewed by the County Attorney's Office - JAK. RECOMMENDA TION: Irrespective on the Board's detelmination of the companion Wolf Creek PUD rezone petition, Staff recommends that the Board of County Commissioners adopt and enact the proposed ordinance establishing the Falls of Portofino Community Development District. PREPARED BY: Marcia R. Kendall, Senior Planner, Comprehcnsive Planning Department 4 Item Number: ltemSummary; Meeting Dale: Page I of ] .',,'X; COLLIER COl:NTY BOARD Of COUNTY COMMISSIONErs ,~c ih!Sllcrnre11.1 esU"cllilll pcnnp.:.ntsoF'swornw <JmJexpmletj;SCI0Surpt;cprovi Ciedby Commission rne'Tlber~ r\eco'mnend~H1on to ClH1SlliH adoption ut <In C>rTiilnrlC,-' establishing l'le F ,,11001 F'orwHo C()lllm~nit,. Or;'1f'i'ir>mern r~lstrlcr (CuD) plrrsu3nt lG r;ecticw ,SiC OJ5 >'IC!i'lli" :)t8'JJt0~ rhis Ilern I' iJ ;;;lrnp,J11lOn 10 'j:,'rTI F~' 2GijE-,i<~_74" 'A'oi' c.rc,';,r. ':C'"JD .':.- ;:209,;, OC 00/,'0 Planner Date Prepared By Marcia Kendall Community Dcveloprnen:& Environmental Services COmprPlwnsivePlannrng 51112007313,33 PM Approved By RandaIIJ,:ohen ComlnUflrty Development & EnvironnwntaiServices COlmnu'nty Plaflning and Rede\'eIIJpmentMan.19"r DJle ComprehOfl~ivo Plann"'9 51'2/2007 S,1I3AM ExecuiivHSecmtary Dilte Appro\'ed By Marlen" Stewart Community Development 8.. Commu>lity (jeveloflment &. Env;ronmentaIServlcestl,dmln. 51412007 !U3 I\M Envi,-onmentJIServices Appro\'edBy Judy Puig OuerNi(Jn>;AnJlyst Co,nmun;ty Development & Conlmunity DevHiopm"'nl 8.- Environment,~1 Services EnvitonmL'ntz,1 SQrvil"~s Admin Date 5141'2007858AM Appro\'ed By 1\%I,;Un:Countytlttornoy Date Jeff K1Jtzkow COlllltyt.ttorncy COllntyA\tor"",' (')ffice 5t.:1200711:0<l.AM Approved By jo!>ephKSchmilt Com'nunrl\' DOVUlopm",nt& Environmental S<!rvi~e& Aanlinstrator Date Commctnit,' C)uV[,;opmen, So Conm,u'1tly Deveiopm<,nt So Erl\lironmental Servic,,~, Admin 514:2JJ071:17PM EnVlronmontal Services DM" Approved By or'.1B CoordillJtor County M;mdge,'s Offic(> ...d'1)jnis:rative 1\5~JStdnl Clffic<col r.1"na!w,m:l1t" BtH!r""t 5:'7120071 ::2 F'r~ '3uctgctMHllyst DC'te Approved B)' MJrklsacbon CIJlm:y MdnJgor's Office (lfrlCCufl-'::an3gmnellt & Buu!,et 5:'4'21)0: B.25AM [J<:lle Apllrov('u By .Idln~" V, MIJ(id 8-':>ilFoofCuunty CommisslonefS ;-,olmty Manuger County M;l!1ag,"r'~ Off";e 51101200T41ZPM ,Agenja itern r'~o. BS Iv'lay 22, 2fJ07 Page >3 at 84 BEFORE THE COUNTY COMMISSION OF COLLIER COUNTY, FLORIDA INRE: AN ORDINANCE TO ESTABLISH THE FALLS OF PORTOFINO COMMUKITY DEVELOPMENT DISTRICT PETITION PRIME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership ("Petitioner"), hereby submits this Petition to the Board of County Commissioners of Collier County, Florida, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, to establish a Community Development District with respect to the land described herein. In support of this Petition, Petitioner states as follows: 1. Location and Size. The proposed District is located on the north side of Vanderbilt Beach Road (C.R. 862) in unincorporated Collier County, Florida, and contains approximately 68.39 acres. Exhibit 1 depicts the general location of the project. The metes and bounds description ofthe external boundaries of the District is set forth in Exhibit 2. 2. Landowner Consent. Attached hereto as Exhibit 3 and made a part hereof is the written consent of the ovmer of 100% of the real property to be included within the District. 3. Name. The proposed name of the District to be established is Falls of Portofino Community Development District (the "District"). 4. Initial Board Members. The five persons designated to serve as initial members of the Board of Supervisors of the proposed District are as follows: Name: Linda Socolow Address: 21218 S1. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 (00002843 DOCv l} '---Agenda it-em'Noo 00,. May 22. 2007 Page 7 of 84 Name: Loraine Vanella Address: 21218 S1. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 Name: John Nelson Address: 21218 81. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 Name: Joanna Fish Address: 21218 S1. Andrews Blvd. Suite 510 Boca Raton, Florida 33432 Name: Laura Cadiz Address: 21218 81. Andrews Blvd, Suite 510 Boca Raton, Florida .33432 All of the above listed persons are residents of the State of Florida and citizens of the United States of America, 5, Existing_Land Us~, The existing land uses within and abutting the proposed District are depicted in Exhibit 4. The adjacent properiy to the west is zoned PUD and consists of Residential. The adjacent property to the east is zoned PUD and consists of Residential I Commercial. The adjacent property to the north is zoned PUD and consists of Residential. The lands within the proposed District are zoned PUD on the Future Land Use Plan Map. 6, Future Land Uses, The future general distribution, location and extent of the public and private land uses proposed witllln the District are shown on Exhibit 5. These proposed land uses are consistent with the state comprehensive plan and Collier County Comprehensive Plan, The proposed development of the lands within the District, as approved by Collier County Ordinance No. 2003-45 (the "Wolf Creek PUD Ordinance") contemplates the construction of approximately 591 residential units on W0002843 DOCv I 11128/2005 08:5, AM) 2 i\gen:a item No. Be May 22. 2007 Page 8Jf 84 147.69 acres. The land within the District will consist of approximately 49 acres already included within the Wolf Creek PUD and approximately 20 acres of contiguous land currently being rezoned to POD and included within the District. A total number of 490 residential units will be constructed within the District. Exhibit 6 shows the proposed development plan for the lands within the District. 7. Maior Water and Wastewater Facilities. Exhibit 7 shows the existing major trunk water mains and sewer connections serving the lands within the District. Exhibit 7 also depicts the major outfall canals and drainage system for the lands within the proposed District. 8. District Facilities and Services. The Petitioner presently intends for the District to participate in the funding and construction of the following described improvements: (a) Stormwater management; (b) Water distribution; (c) Wastewater collection; and (d) Rights-of-way and open space improvements, Exhibit 8 describes the type of services and facilities Petitioner presently expects the District to fund, construct and install. The estimated costs of construction are also set forth in Exhibit 8. The proposed timetable for construction is shown in Exhibit 9. These are good faith estimates but are subject to change. Actual construction timetables and expenditures will likely vary, due in part to the effects of future changes in economic conditions upon costs such as labor, services, materials, interest rates and market conditions. 9. Statement of Estimated Regulatorv Costs. Exhibit 10 is a Statement of Estimated Regulatory Costs prepared in accordance with the requirements of Section 120.541, Florida Statutes. 10. Petitioner and Authorized Agent. The Petitioner is PRlME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership, whose address is clo Prime Homebuilders, 5555 Anglers Avenue #163, Fort Lauderdale, Florida 33312. Copies of (00002843 DOC v I ) 3 Agenda item No. Be May 22, 2007 Page 9 of 84 all correspondence and official notices should also be sent to the authorized agent for the Petitioner: Dennis E. Lyles, Esq. Billing, Cochran, Heath, Lyles, Mauro & Anderson, P.A. 888 S.E. 3,d Avenue, Suite 301 Fort Lauderdale, Florida 33316 Phone: 954-764-7150 I Fax: 954-764-7279 Email: dlyles@bchlm.com 11. This Petition to establish the Falls of Portofino Community Development District should be granted for the following reasons: a. Establishment of the District and all land uses and services planned within the proposed District are not inconsistent with any applicable element or portion of the state comprehensive plan or the effective local government comprehensive plan. b. The area of land within the proposed District is part of a unified plan of development that has been or will be approved by Collier County. It is of a sufficient size and is sufficiently compact and contiguous to be developed as one functional and interrelated community. c. The proposed District will be the best alternative available for delivering community development services and facilities to the area to be served without fmancially impacting persons residing outside the District. Establishment of the District in conjunction with a comprehensively planned community, as proposed, allows for a more efficient use of resources, d. The community development services and facilities of the District will be compatible with the capacity and use of existing local and regional community development services and facilities. In addition, the establishment of the District will provide a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District services and facilities in the future. e. The area to be served by the propose District is amenable to separate special-district government. (00002843.DOCvl) 4 r<jsnda item f\lo Be I,~ay 22, 2007 Page 10 of 84 WHEREFORE, Petitioner respectfully requests the Board of County Commissioners of Collier County, Florida to: a. Hold a public hearing to consider the establishment of the Falls of Portofino Community Development District in accordance with the requirements of Section 190.005(2)(b), Florida Statutes; and h. Adopt an ordinance pursuant to Chapter 190, Florida Statutes, granting this Petition and establishing the Falls of Portofino Community Development District. SUBMITTED this A. day of D-i!dN;A<f',2005. PRlME HOMES AT PORTOFTNO FALLS, L TD, a Florida Limited Partnership By: lts General Partner By: :00002843 DOC v 1) 5 SUBJECT PARCEL SITE LOCATION MAP o > .J CD no: w CD w ~ GOLDEN GATE BLVD Agenda item No. 8e " ,..,..., '-'nr.-' .........1' _....,- Page 11 of 84 OIL WELL RD. 1M + N.T S. ci > ..J CD a f- a Vi w o f- a Vi w o ci > ..J CD ~ Z a Vl -J 0:: CD W f- f- no: '" no: [L w '" PRI TINE ORIVE I MOKALEE RD. ':1 '" 846 f- SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ORANGE,RE FALLS OF PORTOFINO C.D.D. PROJECT LOCATION MAP .J f- ~ WOLF RO ROAD o u X w 2 LL o LL -.J =::J C') o > ..J STEWART BLVD. CD VA DERBILT BEACH :;;: ci 0 0:: no: PINE '-' z ::; ..J RD. o :'i GREEN en BLVD WHITE BLVD ~ Vl f-' Vl E 0> ..., INTERSTATE 75 ALL! GA TOR ALLEY u:; m ci > ..J CD Vl W o '" ..J '-' 0:: w > w \.. no: u SABAL PALM RD. " , " " .\ \ \ " EXHIBIT "1" 6 Ag811da Hem r'~Q. 8e relav 22. 2007 Pa.je 12 of 84 EXHIBIT 2 A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, LYING IN SECTIONS 34, TO\VNSHlP 48 SOUTH, RANGE 26 EAST, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (S.W. \4) OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE N.02015'16"W., ALONG THE EAST LINE OF SAID FRACTION FOR A DISTANCE OF 145.12 FEET TO A POINT ON THE NORTH RlGHT,OF,WAY LINE (C.R.- 862) VANDERBILT BEACH ROAD (200 FEET WIDE) AND THE POINT OF BEGINNING; THENCE N.89052'55"W., ALONG SAID RlGHT-OF,WAY LINE FOR A DISTANCE OF ;321.84 FEET TO TIfE SOUTHEAST CORNER OF ISLANDWALK PHASE 7, A SUBDIVISION AS RECORDED IN PLAT BOOK 38, PAGES 5 THROUGH 10 OF THE PUBLIC RECORDS OF COLLIER COL'NTY, FLORIDA; THENCE N.02014'00"W., ALONG THE EAST LINE OF SAID SUBDIVISION FOR A DISTANCE OF 1860.60 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF (S.Y:) OF THE NORTHEAST QUARTER (N.E. \4) OF THE SOUTHWEST QUARTER (S.W. v..) OF SECTION 34; THENCE S.89'52'18"E., ALONG SAID FRACTION FOR A DISTANCE OF 76.17 FEET; THENCE N.02'IS'16"W., FOR A DISTANCE OF 420.21 FEET; THENCE S. 89'52'18"E., FOR A DISTANCE OF 1245.00 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER (S.W. \4); THENCE S.02'15'16"E., ALONG SAID FRACTION FOR A DISTANCE OF 2280.60 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 68.39 ACRES MORE OR LESS. PARCEL IS SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS-OF- WAY OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEARING N.02'15'16"W. DESCRIPTION PREPARED MARCH 29, 2005 BY THOMAS S. SHAW, P.S.M., PROFESSIONAL SURVEYOR & MAPPER. FLORIDA CERTIFICATION NO. 4672. l00002843 DOC vi} 7 Z; '" = .... 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N . - . - ~ ?- m :::c x LU Aaenda Item No. 8e ~ May 22. 2007 Page 14 of 84 EXHIBIT 3 AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE FALLS OF PORTOFINO CO'Vi:MUNITY DEVELOPMENT DISTRICT {00002843 DOC vI} 9 Agenda Item No. 8e May 22. 2007 Page 15 of 84 EXHIBIT 3 AFFIDAVIT OF OWNERSHIP AND CONSENT TO THE CREATION OF THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRlCf STATE OF FLORIDA COUNTY OF BROW ARD II!. DEe. :10,,' On this _ 2. _ day of -ffiBe'f005, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: 1. Affiant, LARRY ABBO, an individual, is the Vice,President of PORTOFINO FALLS BUILDERS, INC., a Florida corporation, which is the General Partner of PRIME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership (the "Company"). 2. PRIME HOMES AT PORTOFINO FALLS, LTD, a Florida Limited Partnership, is the owner of the following described property, to \vit: See Exhibit "A" attached hereto (the "Property") 3. Affiant, LARRY ABBO, hereby represents that he has full authority to execute all documents and instruments on behalf of the Company, including the Petition before the Board of County Commissioners of Collier County, Florida, to enact an ordinance to establish the Falls of Porto fino Community De\'elopment District (the "Proposed CDD") 4. The property represents a portion of the real property to be included in the Proposed CDD. I' j r ~00002S43DOC \' ] ] 1i2SC:Q05 OS:53 AM] ",aenoa item No. Be ~ rv1ay 22. 2007 Page 16 of 34 5. Affiant, LARRY ABBO, as Vice-President of PORTOFINO FALLS BUILDERS, INC., a Florida corporation, which is the General Partner of PRIME HOMES AT PORTOFINO FALLS, L TD, a Florida Limited Partnership, as ovmer of the property in the capacity described above, hereby consents to the establishment of the proposed CDD. 6. The General Partner of PRIME HOMES AT PORTOFINO FALLS, LTD., a Florida Limited Partnership is PORTOFINO FALLS BUILDERS, INC., a Florida corporation. The limited partners of PRIME HOMES AT PORTOFINO FALLS, LTD., are Fred Abbo, Eva Abbo, Larry Abbo, Edward Abbo, The corporate officers of PORTOFINO FALLS BUILDERS, INC,. are Fred Abbo, President, Lany Abbo, Vice- President, Edward Abbo, Secretary, Eva Abbo, Treasurer. FURTHER AFFIANT SAYETH NOT. PRIME HOMES AT PORTOFINO FALLS, L TD, a Florida Limited Partnership By: Its General Partner PORTOFINO FALLS BUILDERS, INC., a Florida corpor~t~o~2 B " /I~ y. ,''/1/ r Larr~V' ..I rOOOO:?S~3 DOC" [11/28/2005 OS:53 Ai\l: Agenda item No. Be May 22. 2007 Page 17 of 84 Subscribed and sworn to before me this ~ day of D.:: G , 2005, by LA 11.(''/ ,., \3 '~,LL, who personally appeared before me, and is personally known. ~l;~~i~ 0e /) UA/J,{,ILL- Hi I'd, f'AL N01ARY FL:DLlCSTATE OF FLORIDA ~ Geovanna Fortier Commission # DD4560B3 Expires: JUI.Y 31, 2009 Donded Thru Atlantic: Bonding Co., Inc. (000028..13 DOC vI 11/18/1005 08:53 A)l.fl ''i.i(; Notary: Print Name: Notary Public, State of Florida ,..._....:c.',.",.,,,",,,,. ,,"..-..',. .'. h-"'-'-' ,.".,-,, f-\oenda Item No, 8e o r\~ay 22. 2007 Page ,8 of 84 Exhibit "A" to Affidavit A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORlDA, COUNTY OF COLLIER, LYING IN SECTIONS 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BEING FURTHER DESCRlBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (S.W. \1,) OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE N.02'15'16"W., ALONG THE EAST LINE OF SAID FRA.CTlON FOR A DISTANCE OF 145.12 FEET TO A POINT ON THE NORTH RlGHT,OF,WA Y LINE (C.R., 862) VANDERBILT BEACH ROAD (200 FEET \VIDE) AND THE POINT OF BEGINl\'lNG; THENCE N 89'52'55"W., ALONG SAID RIGHT,OF,WAY LINE FORA DISTANCE OF 1321.84 FEET TO THE SOUTHEAST CORNER OF lSLANDWALK PHASE 7, A SUBDN]SION AS RECORDED IN PLAT BOOK 38, PAGES 5 THROUGH 10 OF THE PUBLlC RECORDS OF COLLlER COU1-HY, FLORIDA; THENCE N.02'14 'OO"W., ALONG THE EAST LINE OF SAID SUBDNISION FOR A DISTANCE OF 1860.60 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF (S.YO) OF THE NORTHEAST QUARTER (N E. \1,) OF THE SOUTHWEST QUARTER (S.W. \1,) OF SECTlON 34; THENCE S89'52' 18"E., ALONG SAID FRACTlON FOR A DISTANCE OF 76.]7 FEET; THENCE N02'15'16"W, FOR A DISTANCE OF 4202] FEET; THENCE S. 89'52' 18"E, FOR A DISTANCE OF 124500 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHlVEST QUARTER (S.W, '!,); THENCE S..02'15'16"E, ALONG SAID FRACTION FOR A DISTANCE OF 2280 60 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 68 39 ACRES MORE OR LESS PARCEL IS SUBJECT TO EASEMENTS, RESTRlCTIONS, RESERVATIONS AND R1GHTS,OF, WAY OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AS BEARING N02'15'16"W DESCRIPTION PREPARED MARCH 29,2005 BY THOMAS S. SHAW, P.S.M, PROFESSIONAL SURVEYOR & MAPPER. FLORIDA CERTlFICA TION / NO 4672. _~,.;. ';"!;"~~';' ',;:f... :OOO('CS..DDOC,'111l2S/2005 OS:53 -\1.1) Agenda item No. Be May 22, 2007 Page 19 of 84 AFFIDA VIT OF OWNERSHIP AND CONSENT TO THE CREA nON OF THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT STATE OF FLORIDA COUNTY OF COLLIER On this 10- day of CK:bkr, 2005, personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, who, after being duly sworn, deposes and says: I. Affiant, Gerardo Mederos, an individual, is Owner of the following described property, to wit (the "Owner") See Exhibit "A" attached hereto (the "Property") 2. Affiant, Gerardo Mederos, hereby represents that he has full authority to execute all documents and instruments, including the Petition before the Board of County Commissioners of Collier County, Florida, to enact an ordinance to establish the Palls of Portofino Community Development District (the "Proposed CDD"). 3. The Property represents a portion of the real property to be included in the Proposed CDD. 4. Affiant, Gerardo Mederos as Owner of the Property, described in attached Exhibit "A", hereby consents to the establishment of the Proposed CDD, {00003457 DOC vi 10/312005 04:31 PM} 10 FURTHER AFFIANT SA YETH NOT. /-I.C!enja item ;\lo. 8e ~ iV;ay 22. 2007 Page 20 of 84 Signat~f)!JJz & (l )r~~ Print: Gerardo Mederos Title: Owner ) Subscribed and sworn to before me this lCL day of Q(-\t:,\1e i", 2005, by Gmrdu 1~\?a9rDS, who personally appeared before me, and is personally known. ..:;:*~ =Po:'~~ ,XPllES I:f~'" M'(cQMt.I 1/ 200B ~~. . j ~~f"~Il'm!!.A"':::l: IN(. ':"{ ...., sQtlOal. --!r.. (00003457 DOC vi 101312005 04:JI PM) NO""'Q I!lM&Ll ~~u Print arne: JU:Jywb "'-~\rh~\(l9u.q Notary Public, State of Florida 11 0['-"'7 co 0;:0 - 0,,- 'J '" ..;~ _ ('~ "l m >.gj, ~~ctl ro.2:o.... " ;; :J) <( .~ :;a o ~ ~ .-= ..Q .- - ;;; "" <: C) -- I--. 9- Q': U CJ CJ ':'> i' , , , , I: " t. ) f r,' " i'\ " ! , , - 1 ! ! ! ( ) , i '! , , " , i (f'j .J '. " , ,~ " ~ ''''', ''7..) - , l ; r. '<7 -' CJ <: "'::c ,,-) > r ,1? J "'i"' ,', >.", .) CJ <: "'::c 'j i., -::, 1.1 <:~ ",-:r >, " i., !! ! ..11 Ii "J " ~,. ", ".,- ".. ~ , -' I I \ I I 1 I I \ 1 I, I r I I I I \ _.~=".~ \ 1 I I I I \ ! I~ 'i I . \ ! I I I .-'..........-....-.--.--t I I 1 I ,I I. ~l WOLF GREEK PUD I~ il (RESIDENTIAl. SINGI..E-FAMIt,y) \ '1 I \ I I I I I I ~ -!-_no_..,_..,..___,__.....-' I I 1.1 I I I 1 I 1 I I I I =!~ ___,,_...._ no-": T ISLAND WALK DIII!PLJD C!ll~"'l/ol,._I1Y1 i a , WOLF CREEK PUD (l\'OODEOAHlllI,l,CAtiT) " ...."."., w...,' "j,"AGllfCULTllflf (WOODED ANO VACAIifl _._____...____~._,^..__ ''''''''/Im.'' , , WOl.F CREEK pue (f1~SIDEUTIAL Io'J.ILTl.fAlolltYj (VA~A~T V.'OODED) ISLAND WALK DRlfPUD Il.ESIOEm"IALCOWllJlIlTYJ :t MorU' ~ '.au.! WOLF GREEK PUD . \ {RESIDENTIAL ~KTI.,rIWII..YJ (VACANT lHACTlVE fAll?lI'IELDI ....u......m..... ~,no__.._ ==t-- VANDERBIlT BEACH ROAD 1--_ ,m';:_~...;:-_-.-- ~,jiJ.'i-;;;;:-"'~_.-._-- - .$!:.!!:.- - .-- --.---- ~ .L\gencia !tern !\10. 8e 1',1ay 22. 2007 Page 22 of 34 WOLF CREEK PUD (RESIDenTIAL SINGLE.FMlIlY) + N.T.S. WOLF GREEK PUD (AESIOElrrIAL S!!iGLE-FANtl,V} -r-'---'--- I I \ _.._.no - FALLS OF PORTOFINO C.D.D. EXISTING LAND USES MAP EXHIBIT ~ 4~ 1'7 I I I I I I I I I I 1 I I II I !' 1 I I I I ~,~~%~.~L I I I I 1 I 1 il I i II ;1 ~ ,I I II I ' I I I I I : I I 1 I 1 I I I I II I I' I 1 1 I I I 1 I 1 I 1 . ,::JI I I 1 I. I . . ;; , . ~. '''-s, ""f ':121." I ~ LAND USE URBAN RESIDENTIAL $U'~.lt>"E IU',', ! ~ -'l(. x ~~ S"W'C'r ,.nus -.- X--__...JJJ ; --x ,~ x X--~ y x I I 1 I >' ---X.--:< , , x ..)(.... ~--X :t--\( N$S.SI'U'" ,~,.U' ~ ;; x -t- - - - - - - - VANDERBILT BEACH ROAD - _ _ _ _ - - - - - -= ----------------------------- ----------------------------- Agenda Item No. 8e 1'v'.dY t::..L, LUU-; p ,:, 'J~ nf R.1 :w + N.T.S. I I 1 I I AGRICULTURE ZONING PASTURE WHl1 !lAA1fS (NOT P"~T OF THE \lOLl CfIEEK pUO ~EZO~ING) I PROPOSWFUrUIIE OFFICElCOMI.IERCtAL FALLS OF PORTOFINO C.D.D. LAND USES MAP EXHIBIT ~ 5" 18 Agens3 Item No, 8e IV;C1Y':"L.. J( D"",,,, ')<1 fOil \! I \11 \ II 5Il~~~~4M~~~ 11\1 w :l:::::f" ""'ii 'f' .' '0. , III 8~ '" ,," ,,' ., . _: I Q!.I:Y:D~~ I II Ihlll'l 1'111 L 11111'1 \ I ~ l~rrMm '1'1 "-<~: .' "! ~~~" 1\ \ I ~0~~L~R~:~D I:, ; 11 i J i.lJj tIii::t:it!XtJ ~ I \ ALL NON-HATCHED ". 'tri'mfH'", ',ii'" ,"','" '.' I AREF,S ARE PRIVATE ::~ !i I I !I ! 1I1111! I' Ii! Ii i ; ill ,~a I I LAND USE AREAS ,-, ' L. .....1'.' Ii .~)::nu!)1 \, 81~~JJ lilliJA:D~ ~ rrnxo~ ~ I , ~I~rmmn ~.DfJ \ ~ s ~ ~ .., I I~ 8 tl ~D:% ~i,' ~ IUJWJ'D!6=w=n ,I I I I I 0YI1l'i] C!YDTill 0YI1l'i] o::YIllYD I I ,', :L - - ~=.----- FALLS OF PORTOFINO C.D.D. PROPOSED DEVELOPMENT PLAN EXHIBIT" 6" 19 .I i I LeGeND' I L ..- -IO.W.-_ PROPOse/) WATER MAfH (Size AS NOTm) -6.F--~ PROPOSED rORC[ t.lAlN (size AS NOTED) I I - --E16'F_ EXlSllHG FORCE MAIN (SIZE AS WOTEO) --E.30"W-_.. EXISTING WAl(R MAIN I I J I I I I I t I I I N + r- I ~~l"1}1.! %M11" w_ I NTS I I I FALLS OF PORTOFINO I C.D,a I ~-'--" , {B"FORCEMAIN 1! _J 'i WOLF CREEK PUO ., " ( (RESIDENTlAL SINGLE. fAMILY) ~ V8"FORCEMAIN :5 I ~ /-12"WATERMAIN :g ,/ 0 ~ -t ---- ~ ~ i= /8" FORCEMA!N ::>, i 0 0 ~12"WATERMArN ~, l\ ~ '" 5 0 ~ p '" OUTFALL VBt '" ROAD SIDE Dll'CH r !!I " ~ =-ET6"~ =--:S::"rs"r= z -"- "- ,.. EXIST-ING-16'F-ORCEMAIN\..El<ISTlNG 30"V1M Il lli - "- -.-. -- -- - - - - z '" - - , - - '.-- -'- - .- ---- - - - -.--- ~ . -- I~ FALLS OFPORTOFINO EXISTING UTILITY PLAN EXHIBIT . 7" Agenda Item ~'O. Be May 22, 2007 Paoe 25 of 84 ::> 0; /\.genda item No. Be h.'iay 22, 2007 Page 26 of 84 EXHIBIT 8 ESTL'VIATED COSTS OF DISTRICT IMPROVEMENTS Stormwater Management $5,740,741 Water Distribution $746,296 Wastewater Collection $803,704 Rights of Way and Open Space Improvements $459.259 Total Estimated Costs $7,750,000 :00002S43DOCvlj 21 Agenda IterTl r,o. Be May 22, 2007 Page 27 of 84 EXHIBIT 9 PROPOSED TIME TABLE FOR CONSTRUCTION OF IMPROVEMENTS Phase One: 1. Surface Water Management and control systems, including but not limited to earthwork and landscaping. a Start Date - October 2005 b. End Date - July 2006 2. Water distribution and wastewater collection and transmission facilities a. Start Date - October 2005 b. End Date - July 2006 3. On-site and off-site roadway improvements a. Start Date - October 2005 b. End Date - July 2006 Phase Two: 4. Surface Water Management and control systems, including but not limited to earthwork and landscaping. a. Start Date - October 2006 b. End Date - July 2007 5. Water distribution and wastewater collection and transmission facilities a. Start Date - October 2006 b. End Date - July 2007 6. On-site and off-site roadway improvements a. Start Date - October 2006 b. End Date ,- July 2007 {OOOO2843 DOC v I} 22 A.ge:lda item No. 8e ~,''lay 22. 2007 P";Je 28 of 84 EXHIBIT 10 STATEMENT OF ESTIMATED REGULATORY COSTS 1.0 Introduction 1.1 Purpose and Scope This Statement of Estimated Regulatory Costs ("SERC") supports the petition to form the Falls of Portofino Community Development District ("District"). The proposed District comprises approximately 68.39 acres of land located within unincorporated Collier County (the "County"), Florida. The limitations on the scope of this SERC are explicitly set out in Section 190.002 (2) (d), F.S. (governing District formation or alteration) as follows: 'That the process of establishing such a district pursuant to uniform general law shall be fair and based onlv on factors material to manaqinq and financinq the service deliverv function of the district. so that anv matter concerninq permittinq or planninq of the development is not material or relevant (emphasis added)." 1.2 Overview of the Falls of Portofino Community Development District The proposed District comprises approximately 68.39 acres within the County. The District is designed to provide community infrastructure, services, and facilities along with certain ongoing operations and maintenance to the Falls of Portofino Community Development District. The development plan for the proposed lands within the District includes the construction of approximately 490 town home units. A Community Development District is an independent unit of special purpose local government authorized by Chapter 190, Florida Statutes, to plan, finance, construct, operate and maintain community-wide infrastructure ih large, planned community developments. COD's provide a "solution to the state's planning, management and financing needs for delivery of capital infrastructure to service projected growth without overburdening other governments and their taxpayers." Section 190.002 (1) (a) F.S. A COD is not a substitute for the local, general purpose, government unit, i.e., the County in which the COD lies. A COD does not have permitting, zoning or police powers possessed by general purpose governments. A COD is an alternative means of financing, constructing, operating, and maintaining community infrastructure for planned developments, such as the proposed Development herein. The scope of this SERC is limited to evaluating the consequences of approving the proposal to establish the Falls of Portofino Community Development District. [00002843 DOC v IJ 23 Agenda Item No. 8e May 22, 2007 Page 29 of 84 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541 (2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: (a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. As noted above, the Development described herein is an anticipated Planned Development Project designed for up to 490 total residential units. Formation of the District would put all of these households and commercial uses under the jurisdiction of the District. It is not anticipated that anyone outside the District would be affected by the rule creating the District, although the State of Florida and Collier County would be required to comply with the rule. (b) A good faith estimate of the cost to the agency!, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. State Government Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District as proposed is within Collier County and consists of less than 1,000 acres, therefore Collier County is the establishing entity under 190.005 (1) F.S. The modest costs to various State entities to implement and enforce the proposed rule relate strictly to the receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 169.412, F.S., the proposed district must pay an annual fee to the State of Florida Department of Community Affairs, which .... - offsets such costs. Collier County The proposed land for the District is in Collier County and consists of less than 1,000 acres. Collier County and its staff may process, analyze, conduct a public hearing, and vote upon the petition to establish the District. These activities will absorb some resources. The costs to review the record of the local hearing, the transcript of the I For the pUlposes of this SERC, the term "agency" means Collier County and the term "rule" means the ordinance(s) which Collier County will enact in connection with the creation of the District {OO002843 DOC y I} 24 Ag~nc'a I',em r'>lo. Be f\;1ay 22, 2007 Page 30 of 84 hearing, and the resolutions adopted by the local general,purpose government will be offset by the filing fee required under 190.005 (1)(b), F.S. These costs to the County are modest for a number of reasons. First, according to Chapter 190, F.S., review of the petition to establish the District does not indude analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Fifth, the potential costs are offset by the required filing fee. Finally, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. The annual costs to Collier County because of the establishment of the District, are also very small. The proposed District is an independent unit of local government. The only annual costs the County faces are the minimal costs of receiving and reviewing the various reports that the District is required to provide to the local governing authorities. Impact on State and Local Revenues Adoption of the proposed rule will have no negative impact on State and local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the planed Development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the District to construct its infrastructure, or for any other reason, are not debts of the State of Florida, Collier County, or any unit of local government. In accordance with State law, debts of the District are strictly its own responsibility. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. Table 1 provides an outline of the various facilities and services the proposed District rnay provide. The proposed district intends to fund the stormwater management system, the water distribution and wastewater collection system, and rights of way and open space improvements. {00002843. DOC vI} 25 Agenda item No. 8e May 22, 2007 Page 31 of 84 Table 1. Falls of Portofino Community Development District Proposed Facilities and Services FACILITY FUNDED BY O&M OWNERSHIP Stormwater Management CDD CDD CDD Water Distribution CDD COUNTY COUNTY Wastewater Collection CDD COUNTY COUNTY Rights of Ways and Open Space Improvements CDD CDD CDD CDD = COMMUNITY DEVELOPMENT DISTRICT; COUNTY = COLLIER COUNTY The petitioner has estimated the design and development costs for providing the capital facilities as outlined in Table 1. The cost estimates are shown in Table 2 below. Total design and development costs for these facilities are estimated to be approximately $7,750,000. The District may issue special assessment or other revenue bonds to fund the development of these facilities. These bonds would be repaid through non ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program outlined in Table 2. Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services. However, locating in the District by new residents is completely voluntary. So, ultimately, all owners C\nd users of the affected property choose to accept the non-ad valorem assessments as a tradeoff for the numerous benefits and facilities that the District provides. In addition, state law requires all assessments levied by the District to be disclosed by the seller to all prospective purchasers of property within the District. A Community Development District ("COD") provides residents with the option of having higher levels of facilities and services financed through self-imposed charges. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, CitylCounty provision, or through developer equity andlor bank loans, {OOOO2843_DOC vi} 26 A.::wnda Item ~.jo. 8e , May 22. 2D07 Page 32 of 84 In considering these costs it shall be noted that occupants of the lands to be included within the District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, Senate Bill 360, and it assures that growth pays for itself without undue burden on other consumers, Establishment of the District will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form of governance which allows District landowners, through landowner voting and ultimately electoral voting for resident elected boards, to determine the type, quality and expense of the District services they receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the District to provide infrastructure services and facilities, Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the low cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly low, Table 2. Cost Estimate for District Facilities CATEGORY COST Stormwater Management $ 5,740,741 Water Distribution $ 746,296 Wastewater Collection $ 803,704 Rights of Ways and Open Space Improvements $ 459,259 Total Estimated Costs $ 7,750,000 100002843 DOC v 1 J 27 Agenda Item No. 8e May 22, 2007 Page 33 of 84 (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be little impact on small businesses because of the formation of the District. If anything, the impact may be positive. This is because the District must competitively bid many of its contracts. This affords small businesses the opportunity to bid on District work. Collier County has an estimated population in 2000 that is greater than 75,000. Therefore the County is not defined as a "small" County according to Section 120.52, F.S. (e) Any additional information that the agency determines may be useful. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. There have been no good faith written proposals submitted to the agency as described in Section 120.541 (1 )(a), Florida Statutes. Prepared by: Richard Hans Governmental Management Services-South Florida, LLC August 19, 2005 {OOOO2843.DOC vJ} 28 Submission Requirement APPENDIX A Reporting Requirements Florida Special District Handbook ApPENDIX A: REPORTING REQUIREMENTS A 7 A GL ANCE Statutory I Rule Reference Applicable Special Districts P,Clenda itern ~~o. 8e " 1::3Y 22,2007 Page :>4 of 84 Due Date Annual Financial Audit REport All special districts with either revenues or expenditures of more than $100.000.00 Section 218 39, F. S. Chapter 10 550,. Rules af the Auditor Gene-ml Handbook Section 2 4 All special districts with revenues or expenditures/expenses betwEen $50,000.00 and $100,00000 that have not been sUbj<eted to a financial audit for the two preceding fiscal years Annuallv 'Nithin 45 days aftel deliveJY of the audit report to the governmental entity, blrt no later than 12 months after fiscai year end T\vo copies of the annual financial audit report must be submitted to the Auditor General A dependent special district that is a component Imit of a cou nty or municipaii~' may provide fO! an annual financial 8lICiit by being included III the audit of that county or municipality In sllch instances. that audit report must cleariy state 1hat U,e speciar district is a component unit of the county or munidpality. F.A.C. = Flonda Admln/strative Code; F.S. = Flonda StarUles Abbreviations: {00002843 DOC v 1 J A-I 29 Agenda Item No. ae May 22, 2007 Page 35 of 84 Florida Special District Handbook Submission Requirement Statutory / Rule Reference Applicable Special Districts Due Date Creation Documents and Section 189418, F,S, Within 30 days after Amendments, All special districts including Codified Handbook SectIOn 1 . 4 adoption / approval. Act, if applicable Written Status Section 189418. F.S. Within 30 days after Statement Handbook Section 1 - 4 All speciai districts ado pti on / approvai of creation document Dissolution Section 189.4042, FS Within 30 days oflhe Documents Handbook Section 1 - 4 All special districts, dissolution effective date. Section 189.418, F.S Within 30 days of the Merger Documents Seciion t89 4042, F S. All special districts. merger's effective Handbook Section 1 . 4 date. Special District Map Section 189418, FS. All special districts Within 30 days after and Amendments Handbook Section'l - 4 adoption / approval. Annually. by the due Special District Fee Section 189427, F S date on the Form Invoice ($175.00) Rule 9B-50 003, FA C. All special ctiatricts. (senlto all SPEcial and Update Form Handbook Section 1 .. 3 districts around October 1). Registered Agent Section 189 416. FS Within 30 days after and Office Initial Section 189 418. F.S All special districts the first governing Designation Handbook Section 1 . 4 board meeting Registered Agent Sectron 189416, F S Upon making the Section 189418, F S All special districts. and Office Changes Handbook Section 1 - 4 change Disclosure of Public Financing All Community At all times pubiic Deveiopment Districts. financing is imposed. Abbreviations: F,A.C. = Florida Administrative Code: F.S. = Florida Statutes Section 190.009, F.S. A-2 30 {OQ002843.DOC v.l} A;Jencja item No. se May 22, 2007 P3ge 36 of 84 Florida Special District Handbook Due Date Annual Financial Report \i'.litha copy of the Annua' Financial Audit Report attached. if required Section 189.418. F.S. Section 218 31, F.S. Section 218.32, F S. Handbook Section 2 - 3 All Housing Authorities; All independent speclal districts; All dependent spacial districts that are not component units of a local govemmental entity Annually within 12 months of fiscal year end (9/30) and 45 days of Budit completion If no audit is required, fila by April 30 Public Depositor Annual Report to the Chief Rnanel.1 Officer (Form DF5- J1-1009) Section 280 17, FS Handbook Section 3 .. 5 All special distri:;ts Annually by Novemoor 30 Public Deposit Identification and Acknowledgment Form (Form DFS. J1-1295) Section 28017. F S Handbook Section 3 - 5 Execute at the time of opening the account and keep on file. Submit only in case of default of the qua1Jfied public depositoty. F.A,C. = FforfdaAdminisrrarive Code: F.S. = Florida Swtures All special districts Abbreviations: A-3 {00002843 DOC vI} 31 Florida Special District Handbook Agenda Item No. 8e May 22. 2007 Page 37 of 84 Actuarial Impact Statement for Proposed Plan Amendments Defined Contribution Report Actuarial Valuation Report Section 112.63. F.S. Rule Chapter 60T1001. F.A C Handbook Section 2 - 6 Section! 12.63. F S Rule Chapter 60T1.004. F.A.C. Handbook Section 2 .. 6 Section 112.63. F.S. Ruie Chapter 60T-1. FA C. Handbook Section 2 6 AIry special dis1rict proposing benefit changes to its defined benefit retirement plan Special districts with defined contribution plans Special districts V\;th defined benefit retirement plans. When considering plan changes Within 60 days of the reporting period's ending date At least every three years. WIThin 60 days of completion Truth-In-Millage Form DR421 Truth-in-Millage Compliance Package Report Section 200.068. FB Handbook Section 3 .. 3 Section 200 068. F.S Handbook Section 3 - 3 Speciai districts tllat can levy taxes but will not do so durin-g the year Sper;al districts levying property taxes. Annually by November 1 No tetar than 30 days following the adoption of the property tax levy ordinenceiresolution Everyone required 10 file By the last day of the Form 1. receiving a gift calendar quarter 112.3148. F.S. worth over $1 LXl .00. foliowing any Handbook Section 3 - 1 unless the person did not calendar quarter in receive any gifts during .,hich a reportable the calendar quarter gift was received. Abbreviations: F.A.C. = Florida Administrlltive Code; F.S. = Florida Statutes Quarterly Gift Disclosure (Form 9) {00002843.DOC y I J A-4 32 AaE.:I1:~a item No. Be ~ f\.1ay 22.2007 Page 38 of 84 Florida Special District Handbook Due Date Memora ndum of Voting Conti ict for County, Municipal, and Other Loca I Publi c Officers (Form as) 'J;if1~ii\~!l~''''''1i4;'ili''(S';~'<i#'1I&~m~.''''~,1)Jf~Jtil'~~~t;l';~~m_~~,Il~\~~ ~~~;..",.,..J\~B''''~'!."'~~~'~~'''"*,''''"c...."~W~>i~~''~~'",,w<",,<K\~~~~!,,';'\v.~'~~,~~~1,;~&t) Actuarial Valuation Report Section 112 3143. F S Handbook Section 3 .. 1 Special District Local Officers with Voting Conflicts VVithin 15 clavs after the vote occurs See Deparrmrmt o{ Managem<aJ/t Services, OMs/on of l=?etirement. Annual Financial Audit Report Abbreviations: F.A.C. = Florida Admin.istrative Code; F.S. = F!onda Statutes See Auditor General, Local Government Section A-S 33 {00002843 DOC V]} Agenda Item No. 8e May 22, 2007 Page 39 of 84 Florida Special District Handbook Due Date When requested, Section 189 41 8, F S. provide to the local Budget or Tax Levy Handbook Section 2 . 2 All special districts governing authority within the district's boundaries Section 1633191, F.S. Independent special Section 189415(2), FS V"Jithin one year of Public Facilities Initial Rule Chapler districts (See the special district s Report 9J-33, FAC Handbook Section creation, Handbook Section 1 6 1 - 6, page 31). Section 163 3191. F S Independent special Annuelly, Contact Section 189 415(2), F S Public Facilities Annual Rule Chapter districts (See each local general- Notice of Any Changes 9J33. F.A C Handbook Section purpose government Handbook Section 1 ., 6 I .. 6, page 31) for the due date Every jive years. at ieasl12 months Section 189 415(2iie), before the due date FS Independent speciai that each local Public Facilities Rule Chapie! districts (See general.pul'pose UpdatEd Report 9J-33, FAC Handbook Section government must Handbook Section 1 6 1 - 6. page 31) submit its Report to Appendix B the Department of Community Affairs See Appendix B RegisterEd Agent and Section 189.416, FS. Within 30 davs after Office Initial Section 189418. F S All special districts. the first governing Designation Handbook Section 1 ..4 board meeting Registered Agent and Section 189 416. F S Upon making the Section 189418. F.S. All special districts Office Changes Handbook Section 1 - 4 change, Regular Public Meetln9 Schedule Section189417.FS. Quarterly. Section 189 418. F S All special distrrcts semiannually. or Handbook Section 3 - 2 annually. Abbreviations: F .AC. = Florida Administrative Code; F .5. = FfC!rfda Statutes A-6 34 100002843 DOC v.l} Agenda Item No. 8e May 22, 2007 Page 40 of 84 Florida Special District Handbook Submission Statutory I Rule Applicable Special Due Date Requirement Reference Districts r*!F~.~~",~~~~",~ W;(~1&!~ff;,t;~f'~~<'~~~~, "",,~.!.~+:iSk.~~~~' _ ~" " ',' ,~;:,' iMi~ Draft Codified All special districts with Ch rt L I Section 189.429. F.S. .. a S lei D "^r 1 2004 a er as a oca Handbook Section 1 .. 4 more u1 none pec" ecem"". Bill Act Investment Pool Systems Input Documentation A1i special districts investing funds with the Handbook Section 3 - 6 State Board of Administration or Local Government Trust Fund At the time of making any Changes or updates 10 the account Resolution for investment of Surplus Funds All special districts Section 218 407, F S investing funds wili1lhe Handbook Section 3. 6 State Board of Administration or Local Government Trust Fund Abbreviations: F.A.C. = Florida AdminislTatll'e Code; F.S. = Florida Statutes At tile time of investing surplus funds A-7 35 {00002843 DOC v I J Agenda Item No. 8e May 22. 2007 Page 41 of 84 Florida Special District Handbook Due Dala ~ selling certain generel obligation Advance Notice Section 21838. F.S. All special districts as bonds & revenue of Bond Sale Handbook Section 2 - 5 epplicable bonds or closing on any similar long term debt insuuments Bond Information Section 189.418. F.S. All special districts as Within 120 days efter Form/Bond Section 218..38. F S. applicable. New bond delivery of general Disclosure Form Handbook Section 2 ... 5 issues only obligation bonds and (BF2003/2004A & B) revenue bonds Bond Verification All special districts as Witilin 45 days of ti',e Handbook Section 2. 5 Division of Bond Form (BF2005) applicabie Finance's request Final Official Section 218 38. F S All special districts as Within 120 days after Statement Handbook Section 2 - 5 appl.icable delivery of the Ilonds (Bonds) ~ prepared IRS Form 8038 (Bonds) Section 159 345(1}, F..S. Special districts issuing Submit with the Bond Section 159 475(1). F.S Industrial Development or Information Form & Section 159 7055, F S Research and Official Statement, if Handbook Section 2 - 5 Development Bonds, any is published. Abbreviations: FAC. = F.lolida Adminisrrarive Code. F.S. = Florida StaMes A-8 (00002843.DOC v l} 36 Agenda item ~~o. 8e I'~ey 22. 2007 Page 42 of 84 Florida Special District Handbook Submission Requirement Statutory I Rule Reference Applicable Special Districts Due Date All "spedal district local WJthin 30 days at accepting the offi('..ers~ appointed appointment, then to a special district or every year thereafter Statement of SectIOn 112.3145, F S special district's board. by July 1 Financial Interests (Form 1) Handbook Section 3 - 1 All "special districllocal During the qualifying officers" elected period, then to a special district's every year ther"eafter board. by July 1 Final Statement of All "specral district local WIthin 60 days of Financial Interests Ser.tion 1123145, F S officers~ l,ovho am required leaving a public Handbook Section 3 1 to file Form 1 and ate (Form 1F) leaving a public position position No later than the last Certain special district day of trle calendar Quarterly Client Section 1123145(4), local officers. depending quarter follo\,ving the Disclosure FS upon their position, calendar quarter (Form 2) Handbook Section 3 - 1 business or jnterests (See during which the Handbook Section 3 - 1). repre-sentation was made Annual Disclosure of Gifts from Governmental All special distfict local En1ities and Direct Section 1~2,3148, F S Support Section 112 3149. F S. officers who file Form 1 Annually by July 1 and who received a Organizations and Handbook Section 3 - 1 reportable gift or expense Honorarium Event Related Expenses (Form 10) Interest in CompEtitive Bid for Public Business (Form 3A) Section 112 313(12)(e), FS Handbook Section 3 . 1 Certain spacial district locai officers (See Handbook Section 3 - 1 ) Befal e or at the time of the submission of the bid. Abbreviations: F.A.C. = Fiof!:da Admirustrative Code: F.S. = Flonda Statures A-9 (00002843DOCvl} 37 !\genda Item No. 8e May 22, 2007 Page 43 of 84 ATTACHMENT 2 STAFF ANALYSIS RELATIVE TO THE SIX (6) FACTORS FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION FOR "Falls of Portofino" CDD Back2round: Section 190.005, Florida Statutes, outlines the specific content required in a Community Development District (CDD) petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the district is amenable to separate special-district government. Comprehensive Planning staff has reviewed the six factors referenced above and makes the following findings with regard to the proposed "Falls of Portofino" Community Development District: I. Whether all statements contained within the petition have been found to be true and correct. Comprehensive Planning Department staff, along with the staffs of the County Attorney's Office, the Utilities Engineering Department and the Transportation Planning Department, has reviewed the referenced Community Development District petition. Based upon the review of the petition and sufficiency information, staff helieves that the inforn1ation found within these documents is substantially true and correct. Agecda Item r~o. 8e May 22, 2CJ07 Page .+4 of 34 2. Whether the creation of the district is inconsistent with any applicahle element or portion of the state comprehensive plan or of the effective local government comprehcnsive plan. The 68.39'" acre portion of the P.U.D. is designated Urban Residential Subdistrict, on the Collier County Future Land Use Map. The proposed CDD would be a unit oflocal government established specifically for the purpose of carrying out the approved Master Development Plan and commitments of the Falls of Portofino Development. The CDD does not authorize any form or amount of development not previously approved by the Board of County Commissioners. Therefore, staff finds that the establishment of the CDD is consistent with the Collier County Growth Management Plan. As to consistency with the State Comprehensive Plan, the County staff notes that the CDD process is established within Section 190 of the Florida Statutes. The petitioner has not deviated from the standard process, as established by the Statute. Section 187.201, Florida Statutes, contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goal for Governmental Efficiency, which reads as follows: " Goal. --Florida governments shall economically and efficiently provide the amount and quality of services required by the public." Policy 2 within this goal area reads as follows: "2. Allow the creation of independent special taxing districts which have uniform general law standards and procedures and do not overburden other govennnents and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet these standards." As an "independent special taxing district", the proposed COD IS consistent with the State Comprehensive Plan. 3. Whcther the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The proposed Falls of Porto fino COlllillunity Development District, if approved, would be near the size range of other COOs within Collier County. The closest being Pine Air Lakes COD comprised of approximately 149.9 acres, and the Key Marco/Horr's Island COD comprised of approximately 174 acres in size. Based upon previous experience and the subsequent success of other Collier County COOs. Comprehensive Planning Department stafTbelieves that the Falls of Porto fino Community Development District meets the above criteria, only if the 20 acres pending re;.one is approved and made part ()f the Wolf Creek PUD, as noted within the Execl/tive SU/llmal)'. Otherwi.\'e, absellt the 20 acres i/1 the CDD, the area under consideratio1l would definitely not be compact and would not be contiguous. Comprehen"ive Planning staff has re,\'{'n'atiolls regarding this particular criterion and its affect OIl the pro.\pectil'e rezoning 2 Agenda item 1'0. 8e May 22, 2007 Page 45 of 84 where due process for affected parties could be adversely affected if objections are forthcoming. However, this determination is a matter of policy to be determined by the Board. 4. Whether the district is the best alternative available for delivering community dcvelopment services and facilities to the area that will be served by the district. As noted within Exhibit 10 of the CDD petition, there are numerous alternatives available for the provision of infrastructure and services by and for an approved development. These include, but are not limited to the following: private funding procured by the developer; establishment of a homeowners association; establishment of a Municipal Services Taxing Unit (MSTU); establishment of a Municipal Services Benefit Unit (MSBU); establishment of a Community Improvement District (limited to drainage and irrigation related improvemcnts); establishment of a County-managed special purpose district; or, direct County management. All of these alternative options have various legal, financial or other limitations on their operations or do not provide a focused, compact approach to the provision of infrastructure and services. Therefore, staff finds that establishment of the proposed CDD is the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing loeal and regional community development services and facilities. The proposed CDD cannot develop any facilities and services that are incompatible with the surrounding area. This is because the CDD's sole purpose is to implement conditions and developer commitments that were part of the original P.U.D. approval. The District Board of Supervisors will not have the legal authority to implement any facilities, services or development that would be inconsistent with its existing development approvals. 6. Whether the area that will be served by the district is amenable to separate special- district government. Based upon staff findings concerning the previous five criteria, Comprehensive Planning Department staff finds that the subject area for the proposed CDD is amenable to special district government. Furthermore, staffrecommends that the Board of County Commissioners adopt the Ordinance, as contained in Attachment I, establishing the Falls of Porto fino Community Development District. 3 ,ll,genda Item ~~o. 8e f\!:ay 22, 2007 Page 4G~f 84 BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA ST ATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO EXT ABLISH THE FALLS OF PORTO FINO COMMUNITY DEVELOPMENT DISTRICT / AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF BROW ARD I, Larry Abbo, Vice President of Prime Homes at Portofino Falls, Ltd. by Portofino Falls Builders, Inc., a Florida corporation, its general partner, being duly sworn, do hereby state for my affidavit as follows: I. I have personal knowledge of the matters set forth in this affidavit. 2. My name is Larry Abbo and I am the Vice President of Prime Homes at Portofino Falls, Ltd. by Portofino Falls Builders, Inc., a Florida corporation, its general partner. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of the Falls of Portofino Community Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of Portofino Community Development District establishment hearing on ,200_, my oral answers would be the same as the \nitten answers presented in my pre-filed testimony. Agenda Item No. Be May 22, 2007 Page 47 of 84 5. My pre-filed testimony generally addresses the nature of the services and facilities to be provided by the proposed F ails of Porto fino Community Development District, the truth and accuracy of the Petition to establish the proposed District, and compliance with the factors to be considered in the establishment of a community development district. Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this I I day of N C \I Go .'Y1 i::;:' f.! , 200 5"' . Prime Homes at Porto fino Falls, Ltd. by Portofino Falls Builders, Inc., a Florida corporation, its general partner, By: dtLn' iJ '1J Larry bbo, Vice President SWORN TO and SUBSCRlBED before me by the Affiant, on this (I , day of fJ")V~I\/li'::\"'f~ .200~. "~~;~"'" Linda Soeolow '-;'o';,,-:";'<~.;-,- Commission #DD20 1844 ,~ 'iI~;JS'EP,jr;s: May 17,2007 ".>'.tOF f~O;,,' i"\..fronded Thru ", .",\' Atlantic Bonding Co., Inc. ~cLiL ~? Notary Public State of Florida LJ,YO'^'! ,SOLCU)V) Typed Name of Notary Public Personally Kno'-"TI v Type Identification produced 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 6.,oenca item No Be " r f~ . 'l) "'-"'1( 7 vOL,y __, L.dJ Page 48 of 84 TESTIMONY OF LARRY ABBO, VICE PRESIDENT 1. Please state your name and business address. My name is Larry Abbo. My business address is 21218 St. l\l1drews Avenue #510, Boca Ra1on, FL 33433 2. By whom are you employed and in what capacity? I am Vice President of Prime Homes at Portofll1o Falls, Ltd., by Portofino Falls Builders, Inc., a Florida corporation, its general partner. 3. Please describe your duties in this position. As Vice President, I a responsible for oversight of all operations related to land development, construc1ion, accounting and sales. 4. Please describe your experience and credentials, including your current employment. See Attached Resume' 5. How long ha"e you help this position? I 989- Present 6. Are you generally familiar with the geographic areas, type, and scope of de"elopment and the a"ailable services and facilities within the proposed Community Development District to be known as Falls of Portofino Community Development District? Yes, I am familiar with the Falls of Portofino CDD geographic area. I am familiar with the scope of development and available services and facilities within the proposed CDD. 7. Please describe your iuvolvement with the Petition for an Ordinance to Establish the Falls of Portofino Community De"elopment District ("Petition")? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ')" _0 24 25 26 27 28 29 30 3] 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 11. 12. 13. 14. .'Igenda item 1'0. 8e May 22, 2007 Page 49 of 84 I have been involved v,1th the formation of the Fails of Porto fino CDD since its inception. I was involved in the planning stages of the Falls of Portofino CDD and in the preparation of the CDD Petition and Exhibits. 8. Have you reviewed the contents of the Petition? Yes, I have reviewed and approved the contents of the Petition and Exhibits. 9. Are there any changes or corrections to any of the Exhibits attached to the Petition at this time? No. 10. Are the conteuts of the Petition and Exhibits true and correct to the best of your knowledge? Yes. 11. In response to this Petition, what action has Collier County taken? We had a Pre-Application Conference on August 16,2005. We received comments from Collier County in a letter dated August 19, 2005. Has the Falls of Portofino CDD received any other comments from the public or any other governmental agency? No. Approximately how large is the land area proposed to be in the Falls of Portofino CDD? The land area proposed by the Falls of Portofmo CDD consists of approximately 68.39 Acres Who are the Owners of the proposed land to be iucIuded in the Falls of Portofino CDD? a. Prime Homes at Portofino Falls, Ltd., by Porto fino Fans Builders, Inc., a Florida corporation, its general partner b. Gerardo Mederos Have the Owners Provided an Affidavit of Ownership and Consent to the Creation of the Falls ofPortofmo CDD? Yes. 2 1 2 3 4 5 6 7 8 9 15. Agenda it8m ~~o. 8e Iv:ay 22, 2007 ?2J98 50 of 84 Does this conclude )'our testimon)'? Yes. 3 Agenda Item No. 8C May 22, 2007 Page 51 of 84 Larry Mayer Abbo 21218 Saint Andrews Boulevard #510 Boca Raton, Florida 33433 Telephone (954) 392-8788 PROFEssioNAL ExPERIENCE 1997 to Present 1990 to 2000 1993 to 1995 Prime Investors and Develoners. Inc. d/b/a Prime Homebuilders, Executive Vice President, General eontractor/Qualifier. All stages of project development and administration. In progress: Portofino Village, a 930 single and multiwfamily home community in Indian River County Florida; Portofino Shores, a 519 single-family home community in Fort Pierce, Florida; Portofino Landings, a 448 multi-family home community in Fort Pierce, Florida; Portofino Isles, a 764 single and multi family home community, Port Saint Lucie, Florida; Portofino Court, a 300 multi- family home community in Port Saint Lucie Florida; Portofino Lakes, a ] 20 single family home community in Homestead, Florida; Portofino Oaks, a 92 single family community in Homestead, Florida; Portofino Pointe, a ] 05 single-family home community in Homestead, Florida; Porto fino Palms, a 172 single~family home community in Homestead, Florida; Vilia Portofino West, a 21 I multi-family home community in Homestead, Florida; Vilia Portofino East, a 103 multi-family home community in Homestead, Florida; Porto fino Plaza, a 90,000 SF retail & office building in Homestead, Florida; Porto fino Professional Center, a 60,000 SF professional office building in Homestead, Florida; Portofino Falls, a 490 multi- family home community in Naples, Florida; Portofino Cove, a 292 multi-family home community in Fort Myers, Florida; Porto fino Springs, a 192 multi- family home community in Fort Myers, Florida. Completed communities: Portofino Estates, a 130 single-family home community in Homestead, Florida; Portofino Bay, a 163 single-family home community in Homestead, Florida; Portofino North at Monarch Lakes, a 118 single-family home community in Miramar, Florida. ; Portofino South at Monarch Lakes, a 169 single-family home community in Miramar, Florida. Boynton Estates, a 40 home community in Boynton Beach, Florida; Conlen Residence, a 6,000 SF custom residence on the intTacoastal waterv.'ay, Highland Beach, Florida CenturY Investors and DeveloDers. Inc.. Executive Vice President, General Contractor/Qualifier; project administrator in addition to construction financing and end-loan administrator. Completed projects include: Paradise Homes, a 35 single family home community in Miami, Florida; Abbro Development, a 10 custom home community in Miami, Florida; The New Le Mirage, a 32 single family home community in Miami, Florida; Interian Homes, 4 luxury residences in Miami, Fiorida; Tamarind Grove, a 54 townhome/viila community within Miami, Florida; Mizner Village at Heron Bay, a 56 luxury home community in Coral Springs, Florida; Addison Court at Wyndham Lakes, a 166 townhome/villa community within Coral Springs, Florida. Various custom homes. Sistemas A vazados de eonstruccion C.A. (Advanced Construction Systems, c.A.), Vice President with responsibilities including steel structure design and fabrication, estimating, bidding, and general administration. Completed jobs include: Costa Norte Offices, Punto Fijo, Venezuela; Provincial Bank of Costa Oriental, Venezuela; Custom Chalet, Bocono, Venezuela; Industrial eating facility within Pequiven Petrochemical Plant, EI Tablazo. Costa Oriental, Venezuela; Bechtel Offices. Maracaibo, Venezuela. --'\genda Item No. 8e lv1ay 22, 2007 Larry Mayef;iiGlS'o52 of 84 Professional Resume Page 2 of2 1989 to ]993 AGL eonstruction & Deveiooment Com., eomptroiler and Vice President of Construction. General Contractor/Qualifier for construction activities. Responsibilities included: planning, pennitting, budgeting, bidding procedures/execution, management of funds, cost accounting, construction supervision, customer care and relations, and coordinating of closings. Completed projects included: Boca Bella, a 60 townhome community within Boca Raton, Florida; Kids'R'Us shopping center, Corai Springs, Florida; Kidstop Early Learning eenter, Boynton Beach, Florida. EDUCATION f. QUALIFICATIONS ]998 State Certified Building Inspector. License # BN 0003358. 1996 Florida Energy Efficiency Code for Building Construction. Class three rater. License # 595409892 1993 Gold Coast School of Reai Estate, Boca Raton, Florida. Real Estate Broker. License # BK 0565477 ]990 to 1995 Florida Atlantic University Major: Engineering 1993 to 1995 Universided del Zulia Major: Engineering 1992 Goid Coast School of Real Estate, Boca Raton, Florida. State Registered Appraiser. Registration # R1 0003148 1992 Contractors School, Pompano Beach, Florida. State Certified Roofing Contractor. License # CCC 056654 ]991 Contractors School, Pompano Beach, Florida. State Certified General Contractor. License # CGC 053496 1991 Southern Building Code Congress International, Inc. (SBCCI) Registered Building Inspector. Registration"# 4344 1990 Gold Coast School of Real Estate, Boca Raton, Florida. Mortgage Broker. License # HE 595409892 SP 1990 Goid eoast School of Real Estate, Boca Raton. Florida. Real Estate Salesperson. License # SL 0565477 PROFESSIONAL r\FFILIA TIONS . Southern Buiiding Code Congress International, Inc. (SBCCI) . Realtor Association of Greater Fort Lauderdale . Florida National Association of Realtors . Builders Association of South Florida (BASF) . Latin Builders Association . National Association of Home Builders Agenda Item No. 8e May 22, 2007 Page 53 of 84 BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO ESTABLISH THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT I AFFIDAVIT ADOPTING WRITTEN, PRE-FILED TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I, Richard Hans, of Gove=ent Management Serviced-South Florida, LLC, being duly sworn, do hereby state for my affidavit as follows: 1. I have personal knowledge of the matters set forth in this affidavit. 2. My name is Richard Hans and I am a managing member of Gove=ent Management Services-South Florida, LLC. 3. The prepared, written, pre-filed testimony, submitted under my name to Collier County relating to the establishment of the Falls of Portofino Co=unity Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of Porto fino Co=unity Development District establishment hearing on . 2005, my oral answers would be the same as the written answers presented in my pre-filed testimony. A.genda :tem No. 8e May 22, 2007 Page 54 of 84 5. My pre-flied testimony generally addresses the nature of the services and facilities to be provided by the proposed Falls of Porto fino Connumty Development District, the truth and accuracy of the Petition to establish the proposed District, and compliance V\~th the factors to be considered in the establishment of a connumty development district. Under penalties of peIjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this 7 day of (etJ~""tr'/ I , 2005. ~u~ /' ~ ./ SWf~ TO and SUBSCR1!>ED before me by the Affiant, on this yp-ti!AkJ / ,200). 11),1,. . day of ,"~1.\~"~"" i~)'''''1:-', PAT71 POWERS [;.(lll' f:j MY COMMISSION I DO 421651 ':i,'~>S T:: !\XPIRES: Augusl22, 2009 '!;i"". ' 1:t\ti~Thru Notary Plt.llic Und2rwnt21! () tu;<<0 No~ Public State of Florida ~ThttL' PoWw-, Typed Name of NotaI)' Public Personally Known \/' Type Identification produced Agenda Item No. Be May 22, 2007 Page 55 of 84 TESTIMONY OF RICHARD HANS 1. Please state your name and business address. Richard Hans, 570 I N. Pine Island Rd., Suite 370, Ft. Lauderdale, FL 33321 2. By whom are you employed and in what capacity? Governmental Management Services-South Florida, LLC Managing Member 3. And what is the nature of your firm's business? Providing management and consultant services to Community Development Districts. 4. Please describe your experience and credentials, including your current employment. I am currently employed by Governmental Management Services-South Florida, LLC. I have been involved in all aspects of managing Community Development Districts over the past six years; I have provided accounting services, field management and administrate management services, acted as special assessment administrator, and methodology consultant. I have been Secretaryl Assistant Secretary for over 100 community development districts. 5. Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attended. I received my Bachelor of Science degree in Natural resource Management from Rutgers University in 1984. I earned my Master of Science degree in Forest Biometrics from Virginia Tech University in 1986. 6. Do you hold any professional designations or certifications? Community Association Manager 7. Are you a member of any professional associations? Florida Association of Special Districts 8. Prior to your current employment, by whom were you employed and in what position? Severn Trent Environmental Services, Inc. - District Manager 9. Have you previously worked with other CDD petitions? Have you previously prepared a Statement of Regulatory Costs ("SERC")? Yes. I have prepared the Statement of Regulatory Costs for numerous Community Development Districts. 1 O. Have you ever been qualified as an expert in the preparation of such testimony regarding Community Development Districts? Yes, most resently for the Tesoro Community Development District established by I f;., l~-mda Item ~Jo. Be - ~A8Y 22, 2007 Page 56 of E:4 the Florida Land and Water Adjudicatory Commission. 11. Please summarize your previous work experience relating to CDDs and special districts in general. See question 4 12. Where in Florida are the districts with which you have worked? I currently manage Districts in Collier, Lee, Miami Dade, Broward, Palm Beach and St. Lucie County. I have certified the non ad valorem assessmeut roll and served as Secretary/Assistant secretary for Districts in Brevard, Charlotte, Clay, Flagler, Hillsborough, Lake, Leon, Manatee, Orange, Osceola, Pasco, Polk Sarasota, and St. Johns Counties 13. Please list the proceedings in which you have been qualified as an expert witness regarding the establishment (including contractions and/or additions to) of CDDs and the operation and management of CDDs I have acted as an expert witness in the bond validation process fDr CDpper Oaks CDD, Orchid Grove CDD, MDnterra CDD, East HDmestead CDD, Vizcaya in Kendall CDD, Stonegate CDD, SDuth Kendall, and PDrtDfino Isles CDD 14. Do you consider yourself au expert in ecouomic analysis and forecasting in regard to CDDs? Yes, I consider myself an expert in the eCDnDmic analysis Df CDDs. 15. Are you familiar with the geographical areas, type, and scope of development and the available services and facilities within the Falls of Portofino CDD? Yes. 16. Are you familiar with the Petition filed to establish the Falls of Porto fino CDD? Yes. 17. What has been your role with respect to the Petition to Establish ("Petition") Falls of Portofino Community Development District ("Falls of Portofino CDD)? I have prepared the SERC 18. Please generally describe each of the exhibits attached to the Petition. Exhibit I - LDcatiDn Map Exhibit 2 - Legal DescriptiDn Exhibit 3 - LandDvmer CDnsent Exhibit 4 - Existing land uses map fDr lands within and abutting the prDpDsed District. Exhibit 5 - PropDsed land uses within the District Exhibit 6 - PropDsed develDpment plan fDr the property within the District Exhibit 7 - Existing majDr water mains and sewer connections, alDng with major outfall canals and drainage systems fDr lands within the prDposed District Exhibit 8 - Services and facilities tD be provided by the District Exhibit 9 - Time table to construct the District facilities Exhibit 10 - Statement DfEstimated Regulatory Costs. 2 Agenda Item No. 8e May 22, 2007 Page 57 of 84 19. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimouy is filed? Yes. 20. Why is Falls of Porto fino petitioning for an ordinance to establish the Falls of Porto fino CDD? Forming a community development district to deliver community development services and facilities is the best alternative available. Only the residents of the District and no one outside the boundaries of the district will be financially impacted. The District will also provide a perpetual entity to provide for the ongoing operations and maintenance of the facilities providing for a higher level of service to the residents than may otherwise be available. Let me ask you a few questious about certain opinions you may have based on your experience in CDD management, real estate development and the development of lands within the Falls of Portofino CDD in particular 21. Based on your experience in CDD management, do you have an opinion as to whether the proposed Falls of Portofino CDD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes 22. What is the basis for your opinion? Previous experience. 23. Based on your experience, do you have an opInIOn as to whether Falls of Portofino CDD is the best alternative available to provide community development services and facilities to the area that will be served? Yes. 24. What is your opinion and the basis for it? The development of the land within the CDD will require the construction of substantial public infrastructure improvements and the ongoing maintenance of these improvements. The CDD is authorized by Chapter 190, Florida Statutes to plan, finance, construct, operate and maintain community-wide infrastructure. The CDD can access the tax-exempt public capital markets and finance the improvements at a lower cost than through developer funding. The District also has the ability to assess the property within the District providing for the ability to fund large capital improvement projects that other entities could not. The District's ability to collect its funds through special assessments collected on the Collier County Property Tax Bill assures a reliable revenue source for the ongoing maintenance of the District. This provides for the CDD to be more effective than an HOA in maintaining the improvements. The CDD Board is controlled by the 3 .L,~lenda item No. 8e " M8Y 22, 2007 Page 58 of 84 landowners and eventually the residents, so the residents can determine the level of service to be performed. A CDD is a local unit of government which operates under the Sunshine Laws and must follow specific guidelines. This local control and oversight would make the CDD a more appropriate entity to provide the community development services, than even the general purpose government which needs to deal with a variety of other issues. The reason stated above; lower financing cost due to access to the tax exempt market, a consistent revenue source by the CDD's ability to utilize the services of the Collier County Tax Collector, District residents having control, removing the burden from general purpose government are all important reasons as to why a CDD is the best alternative to provide community development services and facilities. 25. Based on your experience, do you have an opinion as to whether the services and facilities to be provided by Falls of Portofino CDD will be compatible with the uses and existing local and regional facilities and services? Yes. 26. What is your opinion and the basis for it? The services are compatible and do not duplicate any available regional service or facilities. The infrastructure services and facilities are required by development agreements governing the property. 27. Based on your experience, do you have an opinion as to whether the area to be included within Falls of Portofino CDD is amenable to being served by a separate special district government? Yes 28. What is the basis for your opinions? The size and compactness of the land to be included in the CDD lend itself well to being serviced by a separate special district government. The District's scope is limited in the services and facilities it can provide and it does not compete with the local government. Turning to the economic exhibits and opinions, we will begin addressing portion of the Petition to Establish the Falls of Porto fino CDD boundaries that relate to certain economic analysis matters, including the exhibits aud your expert opinions on economic analysis issues. 29. Are you familiar with the S.E.R.c.? Yes. 30. How familiar? I prepared the SERC in accordance with statutory requirements 31. Are there any corrections required? No. 4 Agenda Item No 8e May 22. 2007 Page 59 of 84 32. In general terms, please summarize the economic analysis yon have preseuted in the SERe. Following the requirement of F.S. 120120.541 (2), all required analysis has been performed. A good faith estimate of the number of individual or entities required to conform to the rule, and a good faith estimate of the cost to local and state government to enforce the rule and the affect on local and state revenues has been presented. It was found the processing costs are minimal and will be offset by the filing fee and there will no negative impact on state and local revenues. The facilities being provided are outlined and a good faith estimate of the cost to provide these facilities along with the entities which will be incurring the cost is also presented. Finally, an analysis on the impact on small businesses is provided. There will be no adverse affect on small businesses. Collier County is not considered a small county, therefore a analysis for the impact on the county is not required. 33. Please describe briefly the data and methodology you used in preparing the SERC and related analysis. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Turning now to the state and local comprehensive plan criteria of Section 190.005(1)( e)2., do you have an opinion as to whether the establishment of Falls of Portofino CDD is inconsistent with any applicable element or portion of the State Compreheusive Plan? 34. What is your opinion? It is my opinion that the establishment of Falls of Portofino is not inconsistent with any applicable element or portion of the state comprehensive plan. 35. What is the basis for that opinion? I have reviewed the 25 specific goals and policies of the State Comprehensive Plan, (Chapter 187, Florida Statutes) and did not find any inconsistency the establishment of the CDD would have the goals and policies of the plan. 5 .A,gen~a Item r~o. Be r~ay 22. 2007 Page 60 of 84 36. What is Subject 15 aud why is it relevant? Subject 15, entitled Land Use, recognizes the importance oflocating development in areas that have the fiscal abilities and service capacity to accommodate growth. It is relevant because CDDs are designed to provide infrastructure services and facilities in a fiscally responsible manner to the areas which can accommodate development. The Falls of Portofino CDD will have fiscal capability to provide the specified services and facilities within its boundaries. 37. What is Subject 20 and why is it relevant? Subject 20, entitled Governmental Efficiency of the State Comprehensive Plan provides that governments shall economically and efficientiy provide the amount and quality of services required by the public. The proposed Falls of Portofino CDD will be consistent with this element because the proposed Falls of Portofino CDD will continue to: (i) cooperate with other levels of Florida government; (ii) be established under uniform general law standards as specified in Chapter 190, Florida Statutes; (iii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burden the general taxpayer with costs for services or facilities inside Falls of Porto fino CDD; and (v) plan and implement cost efficient solutions for the required public infrastructure and assure delivery of selected services to residents. 38. What is Subject 25 and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the state, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. The proposed Falls of Portofino CDD will be consistent with this element of the State Comprehensive Plan because: (i) the proposed Falls of Portofino CDD will systematically plan for the construction, operation and maintenance of the public improvements and the community facilities authorized under Chapter 190, Florida Statutes, subject to and not inconsistent with the local government comprehensive plan and development regulations; (ii) Falls of Portofino CDD meetings are publicly advertised and are open to the public so that all Falls of Portofino CDD property owners and 6 Aaenda Item No. 8e " May 22, 2007 Page 61 of 84 residents can be involved in planning for improvements; (iii) Section 189.415, Florida Statutes, requires Falls of Portofino CDD to file and update public facilities reports with the County, which it may rely upon in any revisions to the local comprehensive plan. 39. Are there any other subjects within the State Comprehensive Plan which are relevant? Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of Subject 17 relate to (i) protecting investments in existing public facilities; (ii) providing for planning and financing for new facilities, (iii) allocating the costs of new public facilities on the basis of the benefits received by future residents; (iv) implementing innovative but fiscally sound techniques for financing public facilities; and (v) identifYing and using stable revenue sources for financing public facilities. 40. Do you have an opinion, as SOIDeoue with expertise in planning, as to whether the establishmeut of Falls of Portofino CDD is inconsistent with auy applicable element or portion of the Collier County Comprehensive Plan? Yes. 41. What is that opinion? The establishment of Falls of Porto fino CDD is not inconsistent with any applicable element or portion of the Collier County Comprehensive Plan. 42. What is the baisi for this opinion? Chapter 190, Florida Statutes, prohibits any community development district from acting in a way inconsistent with the local government's comprehensive plan, and the exercising of any power must be done with the comprehensive plan in mind. Thus, any activities of the CDD must be in compliance with County procedures and the use of those powers granted to the CDD does not make it inconsistent with the local Collier County Comprehensive Plan. I have examined the Future Land Use Element (FLUE) of the Collier County Plan and the proposed land uses within the proposed CDD are consistent with the authorized uses contained in the FLUE 43. Does this conclude your testimony? Yes. 7 AJenda item No. Be ~ May 22, 2007 Page 62 of 84 BEFORE THE BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF COLLIER INRE: PETITION TO ESTABLISH FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRlCT f AFFIDAVIT ADOPTING \VRITTEN. PRE-FILES TESTIMONY STATE OF FLORIDA COUNTY OF COLLIER I, David R. Underhill, Jr., P.E., of Banks Engineering, Inc., being first duly sworn, do hereby state for my affidavit as follows: I. I have personal knowledge of the matters set forth in this affidavit. 2. My name is David R. Underhill, Jr., P.E., and I am a Registered Professional Engineer employed by Banks Engineering, Inc. 3. The prepared, 'written, pre-filed testimony, submitted under my name to Collier County relating to 1he establishment of the Falls of Portofmo Co=unity Development District, and attached hereto, is true and correct. 4. If I were asked the questions contained in the pre-filed testimony orally at the Falls of Portofino Community Development District establishment hearing, my oral answers would be the same as the written answers presented in my pre-filed testimony. 5. My credentials, experience and qualifications concerning my work \\~th land development projects as a professional engmeer are accurately set forth in my pre-filed testimony. 6. My pre-filed testimony generally addresses the nature of the services and facilities to be provided by the proposed Falls of Portofino Community Development District, the truth Agenda Item No. 8e May 22, 2007 Page 63 of 84 and accuracy of the Petition to establish the proposed District, and compliance with the factors to be considered in the establishment of a community development district. 7. My testimony has been revised to correct minor typographical and grammatical errors. Under penalties of perjury, I declare that I have read the foregoing and the facts alleged are true and correct to the best of my knowledge and belief. Executed this 4th day of November, 2005. f)sJ(Z.~ David R. Underhill, Jr., P.E. SWORN TO AND SUBSCRIBED before me by the Affiant, on this 4th day of November, 2005. .';.~i~t"" Lin~a Socolow i',<i~.,,;\,'6'o Com.mlSslon #DD201844 ;~:. \:):;= ExpIres: May 17,2007 ~};.~... 'o~~"'~ Bonded Thru ~,. QFf~ \" '1111,\1\ Atlantic Bonding Co..lnc. ~M~(J-{-(~ iJ Notary Public State ofFloridli LJAJil.f Soc<'\ca (J Name ~ Personally KnO'wn Type of identification produced 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ')- ~) 26 27 28 29 30 31 32 "" ~~ 34 35 36 37 38 39 40 41 42 43 44 45 46 47 .A~enda item No. 8e , May 22,2007 Page 64 of 84 TESTIMONY OF DAVID R. UNDERHILL. JR., P.E. 1. Please state your name and business address. My name is David R. Underhill, Jr., P.E.. My business address is 6640 Willow Park Drive, Suite B, Naples, Florida 34109. 2. By whom are you employed and in what capacity? 1 am currently employed as a professional engineer with Banks Engineering, me.. and I am a Vice President of Banks Engineering, me.. 3. And what is the nature of your firm's business? Banks Engineering, Inc. provides engineering, survey/mapping, land planning and design services to private developments and government clients. 4. Please describe your experience and credentials, including your current employment. I am a Registered Professional Engineer in 1he State of Florida with over 15 years of engineering experience. 5, Please describe your educational background, with degrees earned, major areas of study, year of degree, and institutions attended. I graduated from the University of Florida with a Bachelor of (Civil Engineering) Science Degree in ] 988. 6. Do you hold any professional designations or certifications? I am a Professional Engineer in the State of Florida, P.E. #47029. 7. Are you a member of any professional associations? I am no longer an active member of any professional associations. 8. Prior to your current employment, by whom were you employed and in what position? I was employed as a Professional Engineer for Agnoli, Barber & Brundage. 9. Do you consider yourself an expert in civil engineering? Yes. 10. Please describe your experience with civil engineering relating to commuuity devclopmcnt districts ("eDDs") and special districts. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 11. 12. 13. 14. 15. 16. 17. 18. 19. Agenda Item No. 8e May 22, 2007 Page 65 of 84 I have provided engineering services to several CDDs throughout my career. I currently serve or have served as CDD Engineer for the Cedar Hammock CDD, Parklands West CDD and the Lee Parklands CDD. Do you consider yourself an expert in civil engineering, capable of rendering expert opinions on CDDs, and specifically on infrastructure for CDD services? Yes. What has been your role with respect to the Petitiou to Establish ("Petition") City Gate Community Development District ("Falls of Porto fino CDD")? My firm has provided civil engineering and consultation services to the proposed CDD. Are you familiar with the Petition filed to establish Falls of Portofino CDD? I have reviewed the Petition and its attachments, and I am familiar with the materials. Have you reviewed the contents of the Petition? Yes. Are there any changes or corrections to the Petition at this time? No. Are there any changes or corrections to any of the exhibits attached to the Petition at this time? No. Are you generally familiar with tbe geographical areas, type, and scope of development and the available services and facilities withiu Falls of Portofino CDD? Yes. 1 am familiar with the area within Falls of Portofino CDD ("CDD Area"). I am also familiar with the services and facilities available within Falls of Porto fino CDD. Please provide us with a brief description of Falls of Portofino CDD bouudaries and location? The proposed Falls of Porto fino CDD is 68:10 acres, as described by the sketch contained in the Petition. It is located approximately one (1) mile west of Collier Boulevard, immediately north of Vanderbilt Beach Road and immediately west of the Island Walk DRl. Please describe Exhibit "1" (i.e., location map); Exhibit "2" (sketch and metes and bounds legal description of the boundaries of District); and Exhibit "3A-3C" (i.e., map of the proposed stormwater sewer interceptors and outfalls, map of proposed water mains and force mains, and the map of the existing infrastructure) of the Petition. 2 I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Agenda Item r lo. 8e May 22, 2007 Page 66 of 84 Exhibit 1 shows the location of the CDD Area within Collier County. Exhibit 2 - is a sketch of 1he 68x acres dated March 29, 2005, and describes lands to be included in Falls of Porto fino CDD. Exhibit 3A-3C - are maps prepared by Banks Engineering, Inc. showing the master water management plan, the conceptual master potable water distribution plan, and the conceptual wastewater collection plan. 20. Are the contents of the Petition and the exhibits attached to it true and correct to the best of your knowledge as of the date your prepared testimony is filed? Yes. Let me ask you a few questions about certain opinions you may have based on your experience with CDDs, civil engineering, real estate development, and the development of lands within Falls of Portofino CDD in particular. 21. Based on your experience, do you have an opiuion as to whether the proposed Falls of Portofino CDD is of sufficient size, sufficient compactness, and sufficient contiguity to be developed as a functionally interrelated community? Yes. 22. What is your opinion? Based on my previous experience and review of 1he Petition and exhibits thereto, the proposed Falls of PortDfinD CDD is of sufficient size, compactness and contiguity to be developed as a functional interrelated community. 23. What is the basis for your opinion? A "community" should be defined as a group of individuals who are linked by common social, political or economic interest. Community governments provide people with those facilities and services they desire to have in the community. These involve the need for acceptable shelter and security for the welfare of the community as well as the physical elements including the land uses, roads, park/open spaces and other public facilities and services which lend comfort and convenience to the members of the community. These elemen1s relate to each other to make the community function. From the planning perspec1ive, the term "functional in1errelated community", means that each community function has mutual relationship to the other. Each function must be designed to contribute to the development or maintenance of the larger whole, or as used here, the community. Using the understanding outlined above of a "functional interrelated community", I can determine whether 1he actual physical area ofthe District would function to provide infrastructure to the proposed community development raises any problems as to size, compactness or contiguity. The size of 1he land area for the community development is approximately 68 acres. In my opinion, the size is sufficient to accommodate the permitted land use and the required, interrelated infrastructural facilities and services, and is therefore adequate to , ~ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 _48 9 :50 51 24. 1- -::0. Agenda Item No. Be May 22. 2007 Page 67 of 84 meet the intended purpose of the development. In addition, the size is sufficient to operate as a community because it has been master planned to be efficient in land utilization, to provide for all land uses necessary to be physically, and socially self sustaining. The teoo "compactness" is related to the closeness in distance between the lands within the development. Having reviewed the District, I find that the development area within The Falls of Portofino CDD is very compact and has no major obstacles separating the land uses. In my opinion, therefore, the land area within the proposed community development which the District would service is sufficiently compact to be a functional interrelated community. Contiguity is another spatial term which describes lands which are adjacent, where all areas in actual contact or are separated by no more that a road or street. The land area which will be services by The Falls of Portofino Community Development District is, I believe, sufficiently contiguous to be a functional interrelated community and allows for the efficient provision of infrastructural systems, facilities and services. Based on your experience, do you have an opinion as to whether Falls of Portofino CDD is the best alternative available to provide community development services and facilities to the area that will be served? Yes. What is your opinion and the basis for it? From a planning prospective there are three alternative ways to provide basic systems, facilities and services to the community development on this property in Collier County. The first is private, through developer managed improvements, separate priva1e infrastructural contractors, a private utility company, a homeowner association, or any combination of these priva1e means of providing community development services and facilities along with related financing powers. The second alternative is public either through County management and financing through dependent districts, or through County management with fmancing by the use of County Municipal Service Taxing Units (MSTU), or County Municipal Service Benefit Units (MSBU). Finally, the third alterna1ive is also public but through the specialized but limited Community Development District provided for by Chapter 190, Florida Statutes, which coincides with both public and private interests and capabilities. Planning considerations needed to deteooine the best alternative to deliver basic infrastructure to community developments are the following: whether the alternative is able to provide the highest quality systems, services and facilities; whether the alternative is capable of delivering the facilities, system and services in a timely manner when the community development service and facility demand occurs; whether the alternative has a means of management to be responsive to the community development over the long teoo; and whether the alternative could obtain and maintain long-teoo financing to facilitate the management benefits. The supply of infrastructure in advance of the impacts of the actual development, concurrency, is an importation consideration. In this regard, it is vital to have an understanding of the community development infrastructure commitments during the 4 1 2 " .0 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 28. "" .oj 34 35 36 37 38 39 29. 40 41 42 43 44 45 46 47 48 49 50 51 ?aenda Item No. 8C " r""ay 22, 2007 Page 'S8 of 84 master planning process to properly and efficiently phase the construction of the community development facilities. This allows a full utilization of facilities before new branches of these facilities are constructed. The statutory District reporting mandates can be utilized by Collier County as a concurrency management mechanism to implement applicable provisions (i.e., Future Land Use Element, Capital Improvement Element, etc.), of its Growth Management Plan. The Community Development District alternative means of providing community development systems, facilities and services allows for a superior cooperative concurrency management program between the county general purpose government and the District special purpose local government and the private landowner and developer. 26. Based on your experience, do you have an opinion as to whether the services and facilitics to be provided by Falls of Portofino CDD will be compatible with the uses and existing local and regional facilities and services? Yes. 27. What is your opinion and the basis for it? I have reviewed the land area on which the District will be established to determine if there are an regional systems, services or facilities which through their existence may be problematic related to District functions, and found no such facilities. Therefore, no problems would be created. Further, by legislative mandate all actions and implementation of any or all of 1he District powers are governed by and must not inconsistent with Collier County's Comprehensive Plan. This insures compliance with Collier County land development regulations and concurrency requirements. Based on your experience, do you have an opiuion as to whetber the area to he included within Falls of Portofino CDD is amenable to being served by a separate special district government? Yes, I do. It is my opinion that the area designated to be included in Falls of Portofino CDD is amenable to continued existence as a separate special district government. What is the basis for your opinions? I have reviewed information about the District from this prospective and have determined that the terminology "separate special district-governance" means governance, established by law through petition and votes by the Board of County Commissioners, with limited infrastructure management special functions and related powers to levy taxes to special assessments and issue bonds within a legally defined geographical area. The District, if established, would be a special district government. The term "amenable" can be defined to be an appropriateness for accountability, or responsive. Having determined that the land area is of sufficient size, and is sufficiently compact and sufficiently contiguous to be functional as an interrelated community, I then considered whether that land area is also amenable to being governed by the Community Development District as set forth in its uniform charter to Section 190.006 through 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ,- 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 30. 31. 32. 33. 34. Agenda Item No. 8e May 22, 2007 Page 69 of 84 190.041, Florida Statutes. I have reviewed this subject from the potential exercise by the Dis1rict of any and all of its special powers in that charter. In my opinion, the land area for the District is amenable to special district governance because the land area proposed to be established as a District has the need for the services and would benefit from the facilities that the special district would provide and though my previous findings, the land area is sufficient size, sufficiently compact and contiguous to be a functional interrelated community. Turning now to the state and local comprehensive plan criteria of Section 190.005(1)(c)2., do you have an opinion as to whether the establishment of Falls of Portofino CDD is inconsistent with any applicable element or portion of the State Comprehensive Plan? Yes. What is your opinion? It is my opinion that the establishment of Falls of Porto fino CDD is not inconsistent with any applicable element or portion of the state comprehensive plan. What is the basis for that opinion? I have reviewed, from a planning perspective, the State Comprehensive Plan, particularly those portions which relate to CDDs. The State of Florida Comprehensive Plan (Chapter 187, Florida Statutes) "provides long-range policy guidance for the orderly social, economic, and physical growth of the state." From a planning perspective, four subjects, subject 15, 20, 25, and 17 of the State Comprehensive Plan are relevant to the establishment ofa CDD. What is Subject 15 and why is it relevant? Subject IS, entitled Land Use, recognizes the importance of locating development in areas that have the fiscal abilities and service capacity to accommodate grov.1h in an environmental acceptable manner. It is relevant because CDDs are designed to provide infrastructure services and facilities in a fiscally responsible manner to the areas which can accommodate development. The establishment of Falls of Portofino CDD will not be inconsistent with this goal because Falls of Porto fino CDD will have the fiscal capability to provide the specified services and facilities within its boundaries. Some environmentally sensitive areas are located wi1hin the CDD area. These wetland areas are mostly being preserved and enhanced and incorporated into the development plan to help protect natural resources, water supply and wildlife habitat. What is Subject 20 and why is it relevant? Subject 20, entitled Governmental Efficiency of the Sta1e Comprehensive Plan provides that governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed Falls of Portofino CDD will be consistent with this elcment because the proposed Falls of Porto fino CDD will continue to: 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 35. 36. t\Clenda item No. 8e ~ p,,~ay 22. 2007 ?a;}8 70 of 84 (i) cooperate with other levels of Florida government; (ii) be established under unifonn general law standards as specified In Chapter 190, Florida Statutes; (iii) be professionally managed, financed, and governed by those whose property directly receives the benefits; (iv) not burden the general taxpayer with costs for services or facilities inside Falls of Porto fino CDD; and (v) plan and implement cost efficient solutions for the needed public infrastructure and assure delivery of selected services to residents. You also mentioned Subject 25. What is this and why is it relevant? This subject calls for systematic planning capabilities to be integrated into all levels of government throughout the state, with particular emphasis on improving intergovernmental coordination and maximizing citizen involvement. The proposed Falls of Porto fino CDD will be consistent with this element of the State Comprehensive Plan because: (i) the proposed Falls of Portofino CDD will systematically plan for 1he construction, operation and maintenance of the public improvements and the community facilities authorized under Chapter 190, Florida Statu1es, subject to and not inconsistent with the local government comprehensive plan and development regulations; (ii) Falls of Portofino CDD meetings are publicly advertised and are open to the public so that all Falls of Portofino CDD property owners and residents can be involved in planning for improvements. The CDD maximizes citizen involvement and planning of services needed and provided within the District. (iii) Florida Statutes, requires Falls of Porto fino CDD to file and update public facilities reports with the County, which it may rely upon in any revisions 10 the local comprehensive plan. These reporting requirements comply with the monitoring and enforcement requirements of the State Comprehensive Plan. Are there any other subjects within the State Comprehensive Plan which are relevant? Yes, Subject 17 entitled Public Facilities. The applicable goal and policies of Subject 17 relate to (i) protecting investments in existing public facilities; (ii) providing financing for new facilities, (iii) allocating the costs of new public facilities on the basis of the benefits received by future residents; (iv) implementing innovative but fiscally sound techniques for financing public facilities; and (v) identifYing and using stable revenue sources for financing public facilities. In my opinion the Falls of Porto fino complies with the goals and policies of Subject 17. 7 1 2 " " 4 5 6 7 8 9 10 11 ]2 13 ]4 15 16 17 18 19 20 21 22 23 24 25 26 38. 39. 37. Agenda Item No. 8e May 22, 2007 Page 71 of 84 Do you have an opinion, as someone with expertise in planuing, as to whether the establishment of Falls of Portofino CDD is inconsistent with any applicable element or portion of the Collier County Comprehensive Plan? Yes. What is that opinion? The establishment of Falls of Portofino CDD is not inconsistent with any applicable element or portion of the Collier County Comprehensive Plan. Chapter 190, Florida Statutes, prohibits any community development district from acting in a way inconsistent with the local government's comprehensive plan, and the exercising of any power must be done with the comprehensive plan in mind. Thus, any activities of the CDD must be in compliance with County procedures and the use of those powers granted to the CDD does not make it inconsistent with the local Collier County Comprehensive Plan. I have examined the Future Land Use Element (FLUE) of the Collier County Plan and the proposed land uses within the proposed CDD are consistent with the authorized uses contained in the FLUE. Furthermore, the development within the Falls of Porto fino is subject to local zoning ordinances and development approvals which further assure compliance with local Comprehensive Plan requirements. Does this conclude your testimony? Yes. 8 l3 PRE:l'ARED 8Y AND RETURN TO: THOMAS G. ECKERTY. ESQUtRf 1273.4 Kenwood Lane, Sult~ B.9 Fort Myel'$, FL 33.907-5638 Agenda Ilem 1'<0. Be May 22, 2007 GREENi'IELD PA P ~Ad' 2 g~ 84 3489797 OR: 3659 PG: 1042 RJCORDlll in omC!AL UCllIllS ofiCOl.U!R coonr, 11. 10/11/1004 at Ol:IQPM DitCH! 1,IBROC1, CLERK , CORS WUOI.OO R1C FBB 11.CC DOC-.70 17388.00 . coml 1.00 . !iIiC 1,50 , 1a/~6/2aa4 11:54 5513525955 -ff~~-r~ '. .' '~ti'" <::iREr:::NFIELD, P.A. . ''1000 l.J'.I ;.;LMETTO PARK R!7'~ =>1 BOCA :t'ON,FL a3433 Fi~J.i't7u StrnpNo.: Rec.ordllig~ $ Documentary Stamps:; $ R.lnl S!!VRK a GPJJR1I!LD 7DG~ i PALKiI!O PAl! lD flGI BOCA P..I'O.. !L .mll -7<-1+ r>. _ I J ~ THIS WARRANTY DI'EiD made this -L- :-:a~y of ~ . 201)4, by MARK L. L.lNDNER, Trustee under unrecorded iand trust, dated Januwy4, 1 999, w~h fUll powera~d authority to protect, C<Jnserve, sell, lease, encumber or to otherwise manage and dispose oftheireal prope(ty described herein, as provided in F. S. 659,071 ' . whose post office address is cia 4099 Tamiami Trail, N, Naples, Flori~ 341 03, hereinafter called the Granti'r, to PRIME HOMES AT PORTOFINO FAU.S, L TO., a Florida IImit.d partnership, whose post office address is 21218 S\ Andrews Boulevard, SUite 810, Boca Raton, Florida 33483, heraln:i!fter . called the Grantee; , : WITNESSETH: That the Grantor, for and in considaration of ltle sum of Ten Dollar~ ($10.00) and clhervaiuable considerations, recelptwhereofls narebyacknow/eoged, hereby grants, bargain$, sells, alle)1s, remises, releases, C<Jnveysand confirms unto the Grantee all that certain land, situate in Collier County, $(ate of Florida, vi;:: '. S8& attaChed Exhibit "A" SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. THIS PROpeRTY 1$ NOT NOW NOR HAS EVER BEEN THE HOMESTEAD OF GR!'NTOR. TOGETHER v~th all the tenements, heredlt:lments snd appurtenances !hereto belonging or in anyWise appertaining; . TO HAVE AND TO HOLD the same In fea Simple forev.er.... :, . '.' . "f AND the Grantor hereby covenants with said Grantee tl1at.fhe G",;'lo( i1!,'la'wfoliy se~ed of said land is fee simp;..; !hat the Grantor has good right and lawful authdHty to. s.eUahQ c'on~ey said land, end hereby warrants the title to said land and will defene the same agaillst lij..laW!i.ii'claitns Ofallpersonswhomsoever and that said land is free of all encumbrances, except !ax~s a=oflj'ing'StIb.eqaent tb Deoember 31, 1999. ' .: . .. :.' .:".' $' , IN W1TNSSS WHEREOF, the said Grantor. has signee.and ssaled.these presahls the day and ~ear fir.:;t above written, . '.' . . . . ", ~ :.'...If". . ........~..::...':..:. ..J.J:t4 . .p~ ~ff"f;:- -- T --'.. -- .--- '-,- , T- " 10~06/2004 11:54 5513926955 GP.EENFIELD PA Agenda Item r"o 8e May 22, 2007 P~3 .,' 84 . '=<-'" c5 OR: 3659 ~G: 1043 {}1.t4'..il_ . e' </J~ MARK L. LINDNER, rustee under unrecord", land tru9~ dated Januaty 4, 1999 7 . .(%i ! .~ J . (//S;; PrinteQ name: r STATE OF FLOR~ . COUNTY OF . ~ . Ih . . The foregoing instrument was acknowle<iged betora me. this ']:bay of -'" _ fft~ , 2004, by M"r~ L. Lindner, Trustee, who is oerson.lly known la, me, OR Who produ<ied as identification, and who did! ot take an oath. : : ~ N~~'X Pu c ~I'~ D5110RAH K LE'MS V MY CCt.tMLSGtON ~ DO 2~ ~~tJH.l,~ EXpfFll:S:t1&Ct:lmcst1(,%lOT 1~NOiA."ff FL~DW:o\rdfo,u::c.Co.. Commission No.: MyCommissioo Expires: ."",'""".";" ~..., , "'" . ..-.... ...... '. o. .'..... ..... .' ..' i nl.t If It 0,> " ..~';.. ~ " . .! . . .:, ", r:'r\~ IrJ r l' :.~~. ~". -;:,;.P' ,', .... .~: . . ...... ':. . : ..'..- 'i~' ...~.....>:~~~.:~;::~':~ .'.<: ;:/ _'J ...... . .' .... ~.;.of'_' ., --I -~r-- " I " .. , 10{05/2004 11:54 5513926955 t.,genda Item No. Be May 22, 2'007 GREENFIELD PA 'jWj~ 7 ~~f 84 *** OR: 3659!PG: 1044 **t .., EXHlI3'T A The South one-half (S )1,) of tile Southeast one-quarter (SE 1/4) of the Southwest one.quarte'r (SW 1/4)iOf Se::tbli 34, Township 48 south, Range 26 East, of Collier County, Florida; less the road right-of-way for Vanderbilt Road. . .,.... ." .r:~' .C Book 2730 - Page 229 Prepilr'al wilbcut opinion by; Meiind;! P. Rlddlc. Esq. 2500 S, Airpon Road. Sit. 311 Naples. Florid.. ]4112 ttt 2698193 OR: 2130 PG: Q229 .tt UCORDlD ip OllIl:m nc01D$ of t~L.!Jn COUll'll, lL H!W2QOD d ~';Il?K RIm I. ERacr, CUI[ R!Cnr UQ DOC..10 .n AltD: KI!.UD1.f Ul!DIJ l500J.!RP0l1nSI!1l KAPL!SlLHll! WARRANTY DEED THIS INDENTURE, mad~ this --'.i.!.!L day of AUfurt, 2000. be/ween Gerardo Albmo Mcder05 anli Danis l..ulu. Mcdcro.~. husband and wife, GRA.NTOR. llJld DanIEl l.ulsa Mt'dcn/.~. Tnt!>I!:!:" nf lht Danil Medcr05 ~ccable Trust da1c:d August 15,2000. whose So.::i.lI1 So:1Jrity Number is 261~Il-62.7S (DLMl. and whcu:. pon om,,: addres.~ i.;: 698 SprinBJine Drive, Naples, Florida, 34]02. GRANTEE. WITNESSETH thaI said Granlor. for and in consii..krallon oflhe slI'm ofTEN DOLLARS, and other good a.'l.d VOIwable consideration to said Granlor in hand p.1id by said Grantee, the ~eipl wn~reOr:i5 herebr a:kncwledged, ha....e gnmed, bar&il.ined MId sold to the nil.! GranIte, and Grantee's heirs :md a:ssig.m: (ore...er, lhe folJowillE ot"$crjbed land, sill.lalc. lying and b::in; in Collkr ('o~nlY, FJomla, to-wit: . The Sowh IlaIf of me Nonhi!ilSl quancr of [he SIlUlhwe:sl. quaner of Sel:lion .14, TllWru.bip 48 Scn.1lh, Ran~ Z6 EssI: Subjcr::I ID c:"iMil1.j; n::mi\:l!nm. Ilnd lClu;:rvptinns. or rl!l:ord: lUlU Suhj~IIO an tzemCnl for publit' road rishl-of-W3): o...er An~ m:rl.lss Ihe EllSl 3<) fe~1' lhereof, Collier Cnl.lnt~.. Florida, SubjC:::ll0 easements: and rcslri::tioru.c:ommnn 10 the subdi\'ision; and real CSlllle lues For '" .rifJt'O Propat}' JdenlirK:aliOn Numher OO~ O(fl/ OCJ(1tf' and. said GranlordGCs hereby fully wamml.tlle lille to said land. ana will defend tbcsame against the lawMclalm5 of all p:r$Ons whomsoeyu. This. is a convcy.mcc 10 Gl1l1ller's R~ocabk Trusl: miniliU1m ducumcnlary slamfl.~ are rlfj"ed, IN WITNESS WHEREOF, Uu: Gramer has h~rc:un!o sel Granier's hand iUld seallhe day and }leu flm Ilbo...ewriuen. Siined, sealed UlQ deliyned in ollrpres=nce: ~' f~'''''L Wi III Print namcJaddres.s bclQII' .J-d!tfl,(/{; ///iI~./;; ))!idr.:"f( V Pcilllname/addrr:ssbeJow Gc1lll1.lo Albeno Mederos 698 Springlinc Drive Napk., FJorid:r. 34102 k~.n.;n 6/;{t1 )?1?/."!~._.t!?} Pritt! name/address b::low Bania Luisa Mederos 698 SpriClgHncDrtyc Naples, Florida 34102 STATE Of FLORIDA COUNTY OF COLLIER THEFOREGorNGinslnJm=ntw3Silcl;nowJroged~rorem:tnj$ r~l""" d.1yof '\""''''''''1 ,2000, by Gelilrdo Alber10 M~et1lS and Danm Luisa Mederos, hlUb-and ami wir!:, whe an; p:nonaUy known 10 me or w~,' I'...<lu.....d'thcif driv<<'.li~ liS i<Jcntili;;nioo lIJ1d who did 110t take an craib. My Commi.uion expires: ... \.~. \;.. '.......... 'L- Norary\PubliC CNoW}' Seal) (print nail1C lr.low) ..' :'. ~iJOlE ~~t.t' .... J)... on , I\!.. i'~~- :;:. L (,~ -..'"", 1"11\,- ~1I ""'" ""...",.""'" i~6'7'~ NT CO/.IMISStO~ t r-r 'i~m5 ....'A~J ~PlRS J~'r~~ ~I,),! ~~iS:.':l~" ~1W""..holcLt......" http://www.collierappraiser.comiviewer/Image. asp? Agenda Item No. Be , May 2:;j,2.Q.Ol of1 i Pag" 7tacli"Slt r , I , ! I I I I I I I , , I ! I ) i , , , 1 I , 1 i I I I I 1 I I I i I I ! I I 1 ! i , I 9/30/200~ I .-1 -. Book 3537 - Page 1015 Agenda It;;m No. 8e May 2;Paj;;1JJf of I Page 76 01 84 ~, .:J..' 3375194 OR: 3537 PG: 1015 mORDID in omcm moins of COLLIU CODl!!, IL 01/01/2001 at 10:34Al BlIGH! J. DiOC~, CLBlt , COIlS: !l3ZS1UI ac ~Bi 10.51 DOC.j1O mO.30 ietn: GOiIDL!m COLJI!Al if /J, 1001 !1XLlII !l . 1300 I1PL1S lL 3U03 TRUSTEE'S DEED THIS DEED, is made on ihis 3\ day ofMarcb. 2004, between WJLLIAML. HO()vER, individually and as Trustee of the Wolfe Ridge Land Trust u1a1d July 30, 2001 (the "Grantor"), and WOLF CREEK. ESTATES, LLC, a Florida limited liability company (the "Granfee"), whqse post office address is 3875 AiIportRoad North, Suite B-1, Naples, FL 34105. ' Grantor, in consideration of the sum ofTEN M'D NO/IOO DOLLARS ($10.00) arid other good and valuable considerations to said Grantor in hand paid by Grantee, the receipt and suB;iciency ofwmch is hereby acknowledged, has granted, bargained and sold to the said Grantee and Grantee's heirs, successors and assigns forever, the following described property, situated, lYing and tieing in Collier County, Florida, to wit . : North 1/2 of me Northeast 1/4 of me Soumwestl/4 of Section 3.4, Township 48 South, Range 26 East, all in Collier County, Flori~ Collier County Tax Folio Number: 00203600003 SlJBJECT TO: (a) real estate taxes for the year 2004 and subsequent ~ears; (b); special assessments levied by governmental authority (c) zoning, building code and, other use restrictions imposed by governmental authority; (d) outstanding o~, gas and; mineral interests of record, if any and (e) restrictions,reservations and easements' co=on to me subdivision, if any. i . Grantor represents and warrants that neither him nor his spous~ or any minor ch\ld thereo~ resides on the above described property or adjacent mereto and in fact resides at 5690 Waxmyrtl~ Road, Naples, FL 34109 and that the above described property does not constitute the ,bomestea~ of the Grantor. ! And said Grantor does hereby fully warrant the title to said land, and ....ill defend ~e same against me lawful claims of all persons claiming by, through or under Grantor, Qut no oth9r. Thls WIIWnCnt. Prc=parc:d. By~ Gregory L. Urbaricie:. Esq. t Goodle~. Coleman k Johnson: P.A. I http;//wwv-r.collierappraiser.comlviewerlImage.asp? " . - ,----~--'- I , I 1 i , I I I I I ! i i i I I I I I I I I 9/30/2005 I , -1- Agenda Item No. 8e I May 22. 2007 ! Page rPagei4 of Ii I , 1 3375195 OR: i 3537 pp: 1017 i mowlD in omCIAL BeOlllS of COLL1n COIlITf, 1Io GI/07/l0ot at. 10:31lK DilGE! I. BIOCJ, CLiRl , CORS mm5.00 DC ~IJ 10.50 DOc-i.l0 111<<.30 Book3537-Page 1017 :0 letu: GGODLlm COLJIII.I n n ' 100l fiJIAn 'Ii I 1m ; JAnIS lL 3m3 TRUSTEE'S DEED; THIS DEED, is made on this R day of March, 2004, between WTI.LJ;AM L HqOVER, individually and as Trustee of the Wolf Creek Land Trust dated the 26& day of July, 200i.(the "Grjmtor'?, and WOLF CREEK ESTATES, LLC, a Florida limited liability company (the "Granfee"), wh9se post office address is 3875 AUportRoad North, Suite B-1, Naples,FL 34105. ' Grantor, in conSideration of the sum ofTEN AND NOll 00 DOLLARS ($10.00) mid other good and valuable considerations to said Grantor in hand paid by Grantee, the receipt and sufficiency , ofwIDch is hereby acknowledged. has granted, bargained and SQld to the said aran;tee and <Jtantee's heirs, successors and assigns forever, the following descnDed property, situated, lying and being in Collier County, Florida, to wit: . The South 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 34, Township 48 South, Range 26 Eas~ subject to an easement forpublic road right-of-way over and across the East 30 feet thereofand the South 30 f~ thereof, Public Records of Collier Coun1y, Florida; ! AND The South 1/2 of the Southwest 1/4 of the Northwest 114 of Section 34, Township 48 South. Range 26 Eas~ subject to an easement for public r<;;ad right-of-way over and across the South 3D feet and the W cst 30 feet there~f, all in Collier County, Borida. ' ! Collier County Tax Folio Numbers: 00203800007 and 00204360009 , , SUBJECT TO: (a) real estate taxes for the year 2004 and subsequent!years; (b) special assessments levied by governmental authority (c) zoning, building code anq otheruse restrictions imposed by governmental authority; (d) outstanding qll, gas 204 mineral interests of record, if any and (e) restrictioIl$; reservations and easement" common to the SUbdivision, if any. . , Thi< lmuumont Pfq>=d By; : , , : i I I i 9/30/2005 i O.ogo", L. urbaGci.. Eoli. GoodJ'''''. Co1=lm &.1~ P.A. 4001 T"lliami 'fl:ail Nonb. SuI)< 300 Nap~, FL 3410~ . l?2.4m, : http://www.collierappraiser.com/viewerlImage.asp ? , I I I i I I I I I I , I I i I I I I I I I I i I , ! I , I .1 I j ; I I I I i I LAW OFFICES Aaenca item ~~o. 8e " May 22, 2D07 Paoe 78 ~f 84 MAURO & ANDERSON, P.A. " BILLING, COCHRAN, HEATH, LYLES, GREGORY T. ANDERSON CLARK.J. COCHRAN. .JR. W. TUCKER CRAIG SUSAN F. DELEGAL HAYWARD D. GAY THOMP.S C. HEATH GREGORY M. KEYSE:R GERALD L KNIG~IT DENNIS E. LYLES .JOHN VI, MAURO r<".ENNETH W. M~)RGAN,..IR BRUCE M RAI'-'..=;;:::Y KEVIN M VANNA,TA POST OFFICE sox 21627 FORT LAUDERDALE, FLORIDA 33335-1627 HAL B. ANDERSON MICHAEL V. BAXTER ERIC P. CZELUSTA VIVIAN H. FAZIO CAROL'), HEALY GLASGOW .JUSTIN D. GROSZ KERA E, HAGAN DANIEL L. LOSEY AUNE O. MARCANTONIO KRISTA K. MAYFIELD SHAWN B, McKAMEY .JOHN B. MOORES MICHAEL.J. PAWELCZYK T. CHRISTINE PEREZ ANDREW A RIEl"" PHILLIP W. THRON BSS 5 E. 3'''' AVENUE, SUITE 301 FORT LAUDERDALE, FLORIDA 33316 (SS4) 754_7150 FAX, (954) 764-7279 400 AUSTRALIAN AVENUE SOUTH. SUITE 500 WEST PALM BEACH. FLORIDA 33401 (561) 659.5970 FAX. (561) 659.6173 STEVEN F. BILLING \1947-1998) 3001 N ROCKY POINT DRIVE EAST. SUITE 200 TAMPA. FLORIDA 33607 (813) 281-4671 FAX; (813) 289-7748 PLEASE REPLY TO; FORT LAUDERDALE September I, 2006 Board of County Commissioners Collier County 3301 E. Tamiami Trail Naples, FL 34112 RE: Petition to Establish District Falls of Portofino Community Development District (Letter of Purpose) Members of the Board of County Commissioners: In connection with the pending Petition to Establish the Falls of Portofino Community Development District, we have been asked to identify the benefits to Collier County and its residents that will accompany the establishment of a community development district ("CDD") for the Falls of Portofino community. These benefits include the following: 1. The CDD will provide and maintain certain public infrastructure for the Falls of Portofino community. For example, the CDD will own the storm water management system serving the community, and, therefore, neither Collier County nor other public agency will be responsible for the maintenance of such infrastructure, 2. Only the residents of the Falls of Portofino community, who will be benefiting from the CDD financed infrastructure serving the Falls of Portofino community, will pay for such infrastructure. Thus, the public generally will bear no financial burden relating to the costs of installing such infrastructure. 3. Throughout the State of Florida, the establishment of CDDs has typically resulted in high quality, well-managed communities having a well-maintained Members of Board of County Commissioners September I, 2006 Page 2 Agenda Item No. 8e May 22, 2007 Page 79 of 84 infrastructure. The existence of such high quality, well-managed benefits the residents of those communities, as well as the surrounding communities and the public generally. communities residents of 4. The CDD will fund and maintain landscape buffers along Vanderbilt Beach Road and Pristine Drive (public roads). The CDD will also contribute to construction of turn lane(s) and traffic signalization improvements at the intersection of Vanderbilt Beach Road and Pristine Drive, if determined appropriate as a result of the pending traffic analysis concerning these roadways. These landscaping and road improvements will benefit the residents of the Falls of Portofino community, as well as the residents of surrounding communities and the traveling public generally. Accordingly, Collier County and its residents will benefit from this the establishment of the Falls of Portofino Community Development District. Should you require fu11her information, please do not hesitate to contact our office. We will also be available to answer questions at the public hearing by the Board of County Commissioners scheduled for October 10,2006, on the Petition to Establish the Falls of Porto fino Community Development District. cc: James V. Mudd, County Manager Marcia Kendall, Senior Planner Comprehensive Planning Department {00004496.DOC \'.2 8/28/2006 09:15 AM} Aoenda item No. 8e ~ May 22 2007 Page 80 of 84 COMMCNITY DEVELOPMENT DISTRICTS City 1 Acrea!!e I No. Established District Name County Uuits Palm 11/18/2003 Cypress Lakes Beach 52 107 Miami- 5/7 7/2005 Cres1view II I Dade 30 170 I I Miami- 10/1712003 Valencia Acres Dade 64 144 5/27120051 Islands at Doral -j I Townhomes I Doral 20 145 High Ridge/Quantum I Palm I 8/17/2004 Beach 16 155 I Miami- I I 9/19/2003 Riverside Park Dade 35 200 7/6/70051 I Bonita I I Bonita Village Springs _ 70 200 -n Miami I I 10/1 7/2003 Silver Palms Dade 48 I 201 II Miami- I ! 8/6/2004 Kendall Breeze West i Dade 26 ! 208 8/5/70031 Harbourage at I I Manatee I I Braden River 53 i 230 , I I I Porto fino Cove I i Fan I I I 10/16/2006 I I Myers 20 252 i 1 )/14/20061 I Portofmo Springs I I I I ! I Lee 17 i 200 I Miami- I i 8/6/2004 Summerville Dade 48 267 I Tree Island Estates I I Miami I lOll 7/2003 I Dade 86 274 91l 9/20051 I Catalina at Winkler I I Preser,e i Lee 111 282 10/1/2004Tl Copper Oaks ITLee , 29 292 1/18/20051 I Monterey I I Palm I I I i I Beach I 31 I 300 -:OOOO-lG5.5_DOC \.1 )0'10/2006 12:26 Pt\l: Agenda Item No. 8e May 22, 2007 Page 81 of 84 p PRIMEHO~"~~~~;~:p~~ April 30, 2007 Marcia Kendall Senior Planner, Comprehensive Planning Department Collier County 2800 Horseshoe Drive, Suite 400 Naples, FL 34104 RE: Falls of Portotino Community Development District Dear Ms. Kendall: On behalf of Prime Homes at Portofmo Fails, Ltd., a Florida limited partnership, the Petitioner in connection with the Petition to Establish the Falls of Portofino Community Development District (the "District"), please be advised that all landowners whose real property is to be included in the boundaries of the proposed District, have consented to the establishment of the District. 'These landowners consist of the Petitioner and all homeowners who have closed on the purchase of a home within the boundaries of the proposed District. If you have any questions, please fecl free to contact me. P liofu[o s Builders, Inc., a Florida corporation, eneral partner of Prime Homes at Porlofino Falls, Ltd., a Florida limited partnership 5555 Anglers Avenue #16 B Fort Lauderdale, FL 33312 Telephone (954) 392.8788 - Facsimile (954) 392-8748 www.primehomcbuilders.com AClenda Item [\lo. 8e " May 22, 2007 Page 82 of 84 ORDINANCE NO. 07-~ .'1.'\ ORDINANCE OF THE BOARD OF COU:'>iTY COMMISSIONERS OF COLLIER COUNTY, FLORIOA, ESTABLISHING THE FALLS OF PORTOFINO COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING THE INITIAL MEMBERS OF THE DISTRICT'S BOARD OF SUPERVISORS; NAMING THE DISTRICT; I'ROVIOING STATUTORY PROVISIONS GOVERNING THE DISTRICT; PROVIDING FOR CONSE:'>iT TO SPECIAL POWERS; I'ROVIOING FOR CO:'>iFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; AND I'ROVIOI:'>iG AN EFFECTIVE DATE. V/HEREAS, Prime Home Builders has petitioned the Board of County Commissioners (Board) of Collier County, Florida, a political subdivision of the State of florida, to establish the Falls of Portofino Community Development District (District); and \\'HEREAS, the Board of ('ounty Commissioners, after proper published notice has conducted a public hearing on the petition and determined the following with respect to the factors to be considered in Section 190.cl05(1 He) Florida Statutes, as required by Section 190.005(2){c), Florida Statutes: 1. The petition is complete and meets the requirements of Section 190.005, Florida Statutes, and all statements contained within the petition are true and correct. 2. Estahlishment of the proposed District is not inconsistent with any applicahle element or portion of the local comprehensive plan of Collier County, known as the Collier County Gro\\,th Management Plan, or the State Comprehensive Plan. 3. The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4. The District is the best alternative available for delivering community development services and facilities to the area that will be serviced by the District. 5. The community development ser\i'ices and facilities of the District ",'jll not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. The area that will he served by the District is amenable to separate special-district govemment. NOW. THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COliNTY. FLORIDA that: SECTION O'\E; ACTHORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other applicable provisions oflaw goveming county ordinances. SECTlO:'>i TWO: ESTABLlSH~lEI\T OF THE FALLS OF PORTOFINO COMMUNITY DE\'ELOP~1E'\T DISTRICT. The Falls of P0l1ofino Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attadled hereto and incorporated by reference herein. Agenda Item No. 8e May 22, 2007 Page 83 of 84 SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith desi,gnated to he the initial memhers of the Board of Supervisors: 1. Linda Socolow 21218 St. Andrews Blvd., #510 Boca Raton, Florida 33432 3. John Nelson 21218 St. Andrews Blvd. #510 Boca Raton, Florida 33432 2. Loraine Vanella 212i8 St. Andrews Blvd., #510 Boca Raton, Florida 33432 4. Joanna Fish 21218 St. Andrews Blvd. #510 Boca Raton, Florida 33432 5. Laura Cadiz 212]8 St. Andrews Blvd.. #510 Boca Raton. Florida 33432 SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the "Falls of Porto fino Community Development District." SECTION FIVE: STATUTORY PROVISIONS GOVERNING THE DISTRICT The Falls of Portofino Community Development District shall be governed by the provisions of Chapter ] 90, FI01ida Statutes, and all other applicable general and local law. SECTION SIX: CONSENT TO SPECIAL POWERS Upon the effective date of this Ordinance, the Falls of POltofino Community Development District will be duly and legally authorized to exist and exercise all of its powers as set forth in Section 190.012(1), Florida Statutes, and as otherwise provided by law. Any request for additional powers provided by Section 190.012(2), Florida Statutes, must come hy public petition to this Board. SECTION SEVEN: PETITIONER'S COMMITMENTS Petitioner, its successors and assigns, shaH (1) elect one resident of the District to the five member Board of Supervisors at such time as residents begin occupying homes in the District, and (2) record a Notice of Assessments containing the specific tenns and conditions of any special assessments imposed to secure bonds issued by the District, which notice shall be recorded immediately after any such bond issuance. The Board shall retain any and all rights and remedies available at law and in equity to enforce Petitioner's commitments against Petitioner, its successors and assigns. SECTION EIGHT: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. 2 SL< {'HI' '\I'\E: 1""'!,l'S((l'\ 1"\ ':(lDE fW L\\\'S ,\\'"Il (J!Wj\,\:'\CLS Th,> 1']'(>\'1"11.'11' ni 1I1i, ()dl:1~ln"l' ,1\.11 h~LU:ll'~ ,:IH: h,' Ilid::k;~ 1';1": '.If !11t' endc' q! 1,:11'0,' ''1d Cli', 1I;,'c)ll'~', "1 ("plljn C(';]I1[\, j':I.lI'IJ" rho ('1;;';)_ II:c (j;,II1i;:fI' ," Ilia\' iw rC':lILillh';i('Lj ,.,' ; t"I!, rc'd II' ;lCe"I:I r' Ii ~Ii 'c L Ii ,'I Lei [I: [. \'.'< l1 d "( .,,1 i i ,; 11 ~l" ill ,I)' l'l ..~: ,II:.:' cd : (' ',,(', 'ti ,'Ii. " !C'k" "':'1'\ ('lh,>r:Ti''',,!VI:ill''' ,lid SEt' no'\ TE~: .Erl FeTl\!: D\.TE n;i~ ():,il:J .:L'_ 11.L1i hc:e,n"_' ,'II,',:II\c' 111"'11 ri,i:,' \'d1l1Ih" Flocr,,!;.! i)~i'~rI~lWIl1 oj' ,'i:;lll I'\,',:"[,D ;,yr, jd'L) ,\)l,)f'T!:1l ~\~ ik H,':lIJ ,>1 Cuunt\ ("'iilrill,;,i'illl"T'- "I C"ili(f '''1111\ 1..1('ild;"mi, ,1,1\"11 211117 .'\lllSI 1)\\](.lfll HI,,);'K lJ(l,,\J,n ()J- cnl,'NT'l C(\\l\JJSSlO'<ERS ('OU.ILIl COI 'NT\', )'l(jRlIl:\ 1'.\' __._,____ ,,, jil':lUI' ('1e'lk I \\lr5 C(ll J'TT,\, Ch'li':l,;lIl \nrf1"q'd a, 1(, lOll!] ;11:d.'[l>":P.1 .Jnll'ir':lfll~~Y !). f L:-;1-'L--- .t'~1JfC~':/~:~ I:":"::[;'~' ii" j(i;::r;;;,~"'~ "l;':l~.C:III~ A"I,U: 11: (-,"U'>I.': '\1 "',:1 " " 3 Agenda Irem No. 8e fv1ay 22, 2007 PaQe 84 of 84 EXECUTIVE SUMMARY .i\genda item No. 9A May 22, 2007 Page 1 of 9 APPOINTMENT OF MEMBER(S) TO THE IMMOKALEE BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 1 person to fulfill the remainder of a vacant term, expiring on September 23,2010, to the Immokalee Beautification Advisory Committee CONSIDERATIONS: The Immokalee Beautifieation MSTU Advisory Committee had 1 term expire on September 23, 2006. This 5-member committee advises the Board of County Commissioners on the budget and related matters pertaining to the beautification taxing district. Members must be residents of the Immokalee Beautification Taxing District or a member appointed by a business located within the boundaries of the MSTU. Tern1s are 4 years. A list of the current membership is included in the backup. The term for Barnardo Barnhart expired on September 23,2006. Several press releases were issued and 1 resume was received from the following interested citizen: APPLlC~1\IT CATEGORY .Q.lliI ELECTOR ADV. COMM. I Andrea Hal man I Resides within MSTU ~ None COMMITTEE RECOMMENDATION: Andrea Halman - new appointment FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confinning the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 22, 2007 .- Page I of] COLLIER COt:NTY 8'JAR!::- OF COUNTY COMr>.~I~;SIONEP.S Item Number: Item Summary: Meeting Date: !';Jt>r:-m""enTOfrT",'lnller jt) t'lCiiITH1!.:Jkil;r1(' l3s<<'ut"lcallon.\dVI!;r)r\'C:cITI'Tlt:et> ['In O~; '" r\~ Prepared By Su"Frl"an E'''C:Ul'V'' Man<lgert(, (1',(, bee Date BCMd "fCaunt~ Commissioners B(:C O'f.ee AllproVl'dBy ,WInDS V. Mudd Count; Manuger Dute BOMdofCounty Commie.o1Oners Coul1ty M~I)~<l~r"s Office 51912007 BOg PM A,genca Item No. 9l\ May 22. 2007 Page 3 of 9 c-:o ... er C 4Junty '"'~ TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tessie Sillery, Operations Coordinator DATE: April 30, 2007 SUBJECT: Immokalee Beautification MSTU Recommendation to the Board to fill vacant position The Immokalee Beautification MSTU has received and reviewed one application by the prescribed deadline for its vacancy due to a term expiring. Applicant was evaluated and interviewed based on the potential contribution to the Committee. The Committee recommends the following applicant for appointment to the vacant term as indicated below. NAME Andrea Halman TYPE OF APPOINTMENT New - Appointment TERM EXPIRES 9-23-2010 FIELD OF EXPERTlSEICA TEGORY Immokalee resident 6 months. Background - Ma<;ter's Degree in Education. Community Activities - none provided Please let me know you need any other information Transportation Services Division All. Transportation Modes Department - Agenda Item No. 9A lVIay 22, 2007 Page 4 of9 Immokalee Beautification MSTU Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Cherryle Thomas 377-0296 10/04/88 09/23/92 4 Years 1205 Orchid Avenue 657-5447 03/08/05 09/23/09 4 Years ImmokaIee, FL 34142 E-Mail: fn~r@aoI.com District: 5 Category: Resident in MSTU District Ms. Dorcas F. Howard 377-8604 03/28/89 09/23/92 4 Years 501 Eustis Avenue, P.O. Box 154 657-3492 03/08/05 09/23/08 4 Years Immokalee, FL 34143 E-Mail: District: 5 Category: Resident in MSTU District Mr. William Deyo 290-8011 1 1/28/06 09/23/10 4 Years .L-'_ P.O. Box 5204 657-6894 Immokalee, FL 34143 E-Mail: william _ deyo@yahoo.com District: 5 Category: Resident in MSTU District Mr. Barnardo Barnhart 657-3171 01/10/04 09/23/06 3 Years / 917 Laurel Street 229-6838 Immokalee, FL 34142 E-Mail: bbarnhart@f1oridacommunitybank.inc District: 5 Category: Resident in MSTU District Ms. Rita Avalos 334-4554 09/23/86 09/23/88 2 Years 1507 Eighth Avenue 657-7537 03/08/05 09/23/08 4 Years Immokalee, FL 34142 E-Mail: rita.ava1os@frls.org District: 5 Category: Resident in MSTU District L ,--,",::"::';,,""i*""!..'''''~-;Z:'':,.:.':::J<i:f.''';;'''ll'l:,=:",r.:..''''~""c:._::'. ""',',"~-.c"".=,P' "!".-:,~':;::;.;"';~' . ;""-1~::n:t~:>c~ .. "'C'.'-.!ll\""; ....,...~.._'.~' .-.;'.;''i'''O;-,_~==5,-.,-':::::,';;,,:a, Wednesday~ November 29, 2006 Pagel of2 Agenda Item No. 9A May 22 2007 Page 5of9 ( Immokalee Beautification MSTU Advisory Committee Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This 5 member committee was created by Ord. No. 85-65, amended by Ord. No. 90-8 and 92-40 to assist the Board of County Commissioners in the business affairs of the Immokalee Beautification Taxing District, and prepare and recommend an itemized budget to cany out the business of the district for each fiscal year. Membership represents the population of the area within the Immokalee Beautification District. Ord. No. 2002-52 was adopted on 10/22/02 changing membership as follows: 4 members shall be pennanent residents within the MSTU and 1 member may be an owner of residential or commercial property with in the MSTU or may be an individual, an officer of a corporation, or a partner of a partnership. Tenns are 4 years. ( FL STAT 125.01 Staff: Tessie Sillery, Transportation Operations Coordinator: 213-5840 l 'w~tb,;sd;~ N:;~;:h;""29;;'2006~' .."~<'-' -~- -.,'..:",J";."",,,e:-;c' ",,<r.-"W;: >'.~'.-~'-" -'."'~';'''''--' ~",,"- Page 2 of2 MEMORANDUM Agenda Itern No. 9A May 22, 2007 Page 6 of 9 DATE: March 2, 2007 TO: Elections Office ~ Sue Filson, Executive Manager ' Board of County Commissione . 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. IMM BEAUTIFICATION ADVISORY COMMITTEE COMMISSION DISTRICT I'S1- 111 'lit " ;,"~ _lief Andrea Halman If tfC: 13 72 Lincoln Ct. J 1$/I{ii'l ,~." ,it' rjJ)l1 ImmokaIee, FL 34142 elf.. -1 /0 J; ~/ ~ Y'<:'.5 (sf-r- C0/) IOII-e I (~c{ . q 1"( (f,tn.T ~ I Thank you for your help. v ~ '/0', V ~ -07 r ",o^ ~ 5' MEMORANDUM ,A.~enja Item No. 9A - i/:ay 22 2007 ?':lge 7 of 9 DATE: March 2, 2007 FROM: Tessie Sillery, Transportation@eratiS Sue Filson, Executive Manage ' Board of County Commission , TO: RE: Immokalee Beautification Advisory 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: Andrea Halman 1372 Lincoln Ct. Immokalee, FL 34142 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 ~ ~~ At Advisory Board Application A gencPSge-,,1l'llf lJA r'/;ay 22, 2007 Page 8 of 9 filson_s From: dean09@erthlink.net Sent: Monday, February 12, 20077:42 PM To: filson_s Subject: New On-line Advisory Board Appiicatlon Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 2/12/2007 7:42:12 PM. Name: !Andrea Halmanj Home Phone: 1239-657-34261 Home Address: 11372 Lincoln cd City: ~mmokaleel Zip Code: 1341421 Phone Numbers Fax: I Business: 1443-807-89971 e-Mail Address:~ean09@erthlink.ne~ Work Place: I How long have you lived in Collier County: I Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? IY e~ Board / Committee Applied for: IThe lmmokalee Beautification MSTU AdvisorvCommitte~ Category: !Not indicate~ Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ Please list your community activities: 2/1 3/2007 . . . Advisory Board Application AgencP..a~rM 2JA May 22, 2007 Page 9 of 9 Please list your communi . activities: . one (moved to the count\' 6 months a '0). Education: !Masters in Social Wor~ 2/13/2007 EXECUTIVE SUMMARY Agenda Item No. 98 May 22, 2007 Page 1 of 10 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTHOR1TY OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, expiring on August 10,2009, to the Collier County Airport Authority. CONSIDERA TIONS: 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 ofthe 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 I 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 I Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. Mr. Richard Schmidt resigned on February 25, 2007. A press release was issued and I resume was received from the following interested citizen: APPLICANT CATEGORY .QlliI F:LECTOR ADV. CO:\1M. I Franklin D. Secrest I A viatiol1. FAA I~ None COMMITTEE RECOMMENDA TION: Quasi-Judicial- no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confimling the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: MAY 22, 2007 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY Cor.1[~1ISSiONEP.S ::i8 'PP')lrtrnent 01 Illen':her to the C():I'€,i C~unti ,'\"rport , ,Ii~;crity ~;:'n/2Cr,' QO OG"M Page 1 of 1 !\:w;da No,D8 n. ;~~)G7 PiJgP 2 of 10 Prepared By Sue Fil~,on BCilrClofCounty Cotlllnjsslolwrs E~ccutiv(' Manager to the see D~te BCeQft'ce [l~to Approved By L"'''E Ochs.Jr BoarclofCounty Comm;ssloners Deputy County r.1anJger County M"n~ger'~ Office ~111120(}711:56 AM 2005 Mainsail Drive Ste. 1 Naples, FL 34114-8955 (239) 642-7878 Fax (239) 394-3515 W'INI_collieraviahon.com May 8, 2007 Sue Filson, Executive Manager Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Dear Sue, RE: Collier County Airport Authority Board The Collier County Airport Authority (CCAA) has reviewed the application for the above- referenced Board, and has concluded that the following applicant is qualified to serve as a member on the CCAA board. Applicant Area(s) of Expertise Franklin D. Secrest Aviation, FAA Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport Authority. ~ Theresa Cook Executive Director OMli\fcolstandExecutiwe~t 2005 MalnYiI Drive Sle. 1 Naples. FL 34114-a955 (239)394-3355 (239)642-5427Fa~ o Immokalee RegionatAifpOO; 16SA.~BouIe>va'tl 1~.FL34'.2 (239)657-9CI03 (239)657.9191fftll o Everglade5AIIPllnc. PO Box 889 650EC,AJrpari<ROlId E'-'9lade9CityFL 34n9 (239)695-2na (239)695-3556fax Agenda Item No. 9B May 22, 2007 Page 4 of 10 Airport Authority Name Work Phone Home Phone Appt'd DateRe-appt Exp. Date 211dExpDate Term 2nd Term Mr. Michael Klein 355-6429 03/] 3/07 208 Allen Avenue; P.O. Box 5025 695-0595 Everglades City, FL 34139 E-Mail: ufuI9842@naples.net District: 5 Category: Mgmt; economics; engineering;E-Ci1y resident 08/10/09 2 Years Mr. Harold Mays ] 0/24/06 08/1 0107 2 Years 600 Collier Avenue 695-2864 Everglades City, FL 34139 E-Mail: District: 5 Category: Everglades City Resident Mr. Byron J. Meade 775-0623 06/08/04 08/10/05 I Year 1303 Cobia Court 77 5-0623 09113/05 08/10/09 4 Years Naples, FL 34102 E-Mail: jmeade6000@aol.com District: 4 Category: Business and Finance Mr. Richard Sclunidt ('€~\C(f'-e~ 01 09/13/05 08/10/09 4 Years 2786 Orange Grove Trail J.'~ 354-3490 Naples, FL 34102 E-Mail: rsclunidt1956@earthlink.net District: 5 Category: General Business Mr. Stephen L. Price 657-3171 08/10/93 08/10/97 4 Years 1400 N. 15th Street 657-1014 09/13/05 08/10/09 4 Years Immokalee, FL 34142 E-Mail: District: 5 Category: Pilot/FinancelBusinessman 'w~d:~~;r:;:'M;~~J,1:t2ooF~~l!-=CC 'c,~_':C:',__;'''''"'''__' "'1:".--==:, ~;:f;~Jj~;;:"""'"'" ';"'''''''''.''''='-'' .'.<~. J\oenda item No. 98 , May 22, 2007 Page 5 of 10 ( Airport Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. David R. Gardner 289-5862 03/13/07 817 Giralda Court 642-4410 Marco Island, FL 34145 E-Mail: annedavidl@earthlink.net District: 1 Category: Construction; eng & Aviation; M.L resident 08/10/11 4 Years Mr. Eugene J. Schmidt 383 Harbour Drive, #205 Naples, FL 34103 E-Mail: emailI@mindspring.com District: 4 Category: Aviation 642-7878 09/08/98 263-3444 12/15/04 08/10/99 08/10/07 1 Year 3 Years ( ","" ---- .-._- Wcd~es'daj\-Ma~~h-14.-ioi/7: -";"":;,,,:".';:;-,,.-,'i.C;W;.~~~' _ ";-.~'" '_.::,':~.{" -::.~ Page of 3 -- Agenda Item No. 9B May 22, 2007 Page 6 of 10 Airport Authority Name Work Pirone Home Phone Appt'd DateRe-appt Exp. Date 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 eollier eounty 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 resounce conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Isiand, and Everglades eity if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person hoiding elected office at the State, eounty, 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 (- .,.."'...."1:1' :;-.ffl'_', ;.f.""'~"., ~""""~'C::-__.;,C-.J."'-J~<'_=.,. Wednesday, March 14, 2007 ~_.,~~;.,..,. - ,":~":i..'-- '.''''.:I:."::,",,g'.:~ Pagel of 3 Agenda Item No. 98 May 22, 2007 ?age 7 of 10 MEMORANDUM DATE: May 7, 2007 TO: Elections Office , (\ 0/ Sue Filson, Executive Manager ff I Board of County Commissioners 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 ifthose listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. AIRPORT AUTHORITY COMMISSION DISTRICT Franklin D. Secrest 124 Wilderness Cay Naples, FL 34114 5 Thank you for your help. MEMORANDUM Agenda Item No. 98 May 22, 2007 Page 8 of 10 DATE: May 7, 2007 TO: Theresa M. Cook, Airport Authority Executive Director FROM: Sue Filson, Executive Manager---..OJ , Board of County Commission:rs.l"" RE: Airport Authority 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. 1 have attached the applications received for your review as follows: Franklin D. Secrest 124 Wilderness Cay Naples, FL 34114 Please let me know, in writing 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 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 filson_s Page 1 of2 Aoenda item ~~o, 93 , lv1ay 22, 2007 PaJe 9 of 10 Advisory Board Application From: gladehawk@earthlink.net Monday, April 23, 2007 1 :32 PM .t: 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: 4/23/20071:31:57 PM. Name: !Franklin D. Secres~ Home Phone: ~39-389-43~ Home Address: 1124 Wilderness Ca~ City: lNaple~ Zip Code: 1341141 Phone Numbers Fax: [239-389-43731 Business: [239-289-56411 . e-Mail Address:~ladehawk0)earthlink.ne~ Work Place: jRetiredj How lon~ have you lived in Collier County: [Ig Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? Iv e~ Board I Committee Applied for: [collier County Airport Authorityl Cate~ory: [commissioner at Largd Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: oast Guard Aux.{Aviation Operations) Everglades City Pilots' Association Port of the Islands OmeOVllTIerS Associations Member Marco Island Presb terian Church Education: 4/23/2007 Advisory Board Application ~ -, . 4/23/2007 Page 2 of2 A P ,:=1 ip I 9B igh School Graduate Two Years College Airline Transport Pilot Ratings On B727,DClO,ffi:4i7.J1\) 007 AA Air Traffic Control Certified Weather Observer USAF Aircraft and Powe lant Page 10 f 10 Ex erience: Years USAF 4 Years FAA Air Traffic Control 30 Years Airline Pilot United Airline EXECUTIVE SUMMARY I\oenda Item No. 9C " May 22, 2007 Page 1 of 11 APPOINTMENT OF MEMBER(S) TO THE HABITAT CONSERVATION PLAN AD-HOC ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to serve on the Habitat Conservation Plan Ad-Hoc Advisory Committee with the ternl expiring on June 14, 2008. CONSIDERATIONS: The Habitat Conservation Plan Ad Hoc Advisory Committee has I vacancy. This committee was created on March 22, 2005, by Resolution No. 2005-174 and amended on February 14, 2006 by Resolution No. 2006-41 to expand membership to 13 members. They will serve as a forum for community review and discussion regarding Habitat Conservation Plans (HCP). The committee is specifically tasked to evaluate the geographical scope (excluding the Rural Lands Stewardship Area) and coverage of an HCP including the species associated with the geographical scope, to identify the types of impacting activities including County infrastructure needs, to identify the financial impacts of an HCP, to assess the community support for an HCP, and to identify alternatives to an HCP, if an HCP is not deemed feasible. The committee will ultimately provide its findings and recommendations to the Board of County Commissioners. TelIDs are 3 years. A list of the currcnt membership is included in the backup. There is currently I position vacant. A press relcase was issued and 1 resume was received from the following interested citizen: APPLICA.l\'T CATEGORY .!.illiI ELECTOR ADV. COMM. Elizabeth A. Wendt Bachelor of Al1s degree none COMMITTEE RECOMMENDATION: Elizabeth A. Wendt FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the recommendation for appointment, appoint I 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: MAY 22, 2007 Item Number: Item Summary: Meeting Date: Page 1 of 1 A9',ndi~ Itel'-I No. ~jC n. 2007 :'011 COLLIER COUNTY BOAr.:) OF COUNTY COMkllSStOt"E:F~S ~'C .i'.~p;Jlrdrnent CJ' Illen1ber to the ~'at:ltClt ConSH','ation F'in", ,"',d-f~()c Advl$Oiy :::',-,rlllll,ttee ;.,'2L/20:T7 ~J :l() DC AM Prl'pllrlod By Dnle Sue FiI&on B(\Jrdof Sounty Comml&5ioners :::~()cut;ve M~n"qcr to ttl( see 8ceO'flce Date AllprowdBy Ll'oE.Ocl1".Jr Bonrd ofCoul'lty COfl\missiollt'rs Deputy ::;ounty M"nJQer CDuntv Mann(ler"" Ofllca 5111i20C71'1:52/;M AJ9n~~a Item No. 9C ~ r',1ay 22, 2007 3 of 11 t:::t. V(J MEMORANDUM TO: Sue Filson, Executive Manager to the Board of County Commissioners t<rfi Kirsten Wilkie., Environmental Specialist. Environmental Services Department FROM: DATE: May 9, 2007 SUBJECT: Habitat Conservation Plan Membership Recommendation to the Board of County Commissioners In response to the Habitat Conservation Plan Committee's 3 vacant poSItIOns, I application was received and evaluated by the Committee on May 9, 2007. There are no specific or unique qualifications established for this Committee. The Habitat Conservation Plan Ad-Hoc Committee in a vote of 7:0 voted to recommend Elizabeth A. Wednt to fill thc vacant position. NAME TVPE OF FIELD OF EXPERTISE (CURRENT APPOINTMENT EMPLOYMENT) I. Elizabeth A. Wednt Initial Appointment Bachelor of Arts degree. English Bachelor of Arts degree, Comparative Literate Minor in Spanish. (Legris & Associates) Agenda Item hJo. ge May 22, 2007 Page 4 of 11 Habitat Conservation Plan Ad-Hoc Advisory Committee Name Work Phone Appt'd Exp. Dale Term Home Phone DateRe-appt 2ndExpDate b.d Term Mr. Christian M. Spilker 643-0166 06/]4/05 2260 16th Street, N.E. 304-5266 Naples, FL 34]20 E-Mail: cspilker@turrell-associates.com District: 5 Category: Environmental Mr. Kevin M. McGowan 530-5859 05/08/07 10580 Regent Circle 594-9640 Naples, FL 34109 E-Mail: mcgowan.kevin@att.net District: 2 Category: H.R. Admin & Law Enforcement 06/14/08 3 Years 06/14/08 I Year Mr. Jeffrey A. Carter 262-6866 0]/09/07 06/14/08 1340 Oakes Boulevard 821-7533 Naples, FL 34119 E-Mail: jeff@napleszoo.com District: 3 Category: Curator & Conservation Coordinator at Naples Zoo Ms. Roslyn D. Katz 04/25/06 3100 Gulf Shore Blvd., North #403 403-3916 Naples, FL 34103 E-Mail: rkatz9500@comcast.net District: 4 Category: Economics/Conservancy Mr. Brian J. McMahon 597-9077 06/14/05 360 22ndAvenue,N.W. 353-0110 Naples, FL 34120 E-Mail: swampbuggy2@earthlink.net District: 5 Category: Citizen At Large ;., ] Year 06/14/08 2 Years 0611 4/08 3 Years W;d~~d/;Y:"3i:;--'09.~20-(j7=C . ""~"'.- - ",7ll'''';''''''''-'''';,,,,,,, -- ~-''''. ~,,'c:''''''''''''Page 1 o;4(.'""'-~" ':;;"J:!:';,1r,'~, Aosn:Ja item f'Jo. 9C ~ f\.1ay 22.2007 P8ge 5 of 11 ( Habitat Conservation Plan Ad-Hoc Advisory Committee Name Work Phone App/'d Exp. Da/e Term Home Phone Da/eRe-app/ 2ndE"'pDa/e 2nd Term Ms. Jennifer Hecker 262-0304 11/29/05 06114/08 3525 21st Avenue, S.W. 262-6683 Naples, FL 34117 E-Mail: jenniferh@conservancy.org Dis/rict: 5 Category: Environmental & Ecological; Land Mgmt; Conservancy 3 Years Dr. L. Christian Mogelvang 06/14/05 06114/08 3 Years 2450 N. Rd., Box 3316 643-0566 Naples, FL 34106 E-Mail: emogelvang@earthlink.net District: 4 Category: Lay Person Ms. Bonnie Michaels 308-0919 05/08/07 06/14/08 1 Year 592 Beachwalk Circle, N202 596-9135 Naples, FL 34108 E-Mail: mwfam@aol.com District: 2 CategOlY: Natural Resources Ms. Maureen Bonness 348-8178 06114/05 06114/08 3 Years 7390 Rookery Lane 348-8178 Naples, FL 34120 E-Mail: bonness@infionline.net District: 5 Category: Environmental Consultant Ms. Judith Hushon 04/25/06 06114/08 2 Years 1659 Chinaberry Ct. 643-6222 Naples, FL 34105 E-Mail: judyhushon@aoLcom District: 4 CategolJ': Environmental Consulting/Conservancy Volunteer ( -....':'r.""c:- Wednesday, May 09~ 2007 Page 2 of4 Agenda Item ~'O. 9C May 22, 2007 Page 6 of 11 ( Habitat Conservation Plan Ad-Hoc Advisory Committee Name Work Phone Appt'd E:>.p. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Jerry Breshin 775-8134 09/12/06 4695 Hawk's Nest Way, Apt. 204 775-8134 Naples, FL 34114 E-Mail: J-Breshin@att.net District: I Category: Business AdministrationIMarketing 06/14/08 2 Years Mr. Richard C. Gill 289-4153 09/12/06 290 Pinehurst Circle 775-9623 Naples, FL 34113 E-Mail: rgi1l1943@ao1.com District: 1 Category: Business Manager/Law Enforcement 06/14/08 2 Years ~,. ~::'~-;:':~":;:'::::''';i::';:.'. ';;"l.:'.,;~,":" 'O;-;'",<~...:.;- Wednesday, May 09. 2007 ~,...~," -',," '"" 'd~:'~"~;~"'"'::\"::t'""; Page3 of 4 ;~,Ti'~';;-,< ";".;-,-.m;Cii.".:.', Ac;en-ja item i\jo. 9C ~, rv~ay 22, 2007 ?age 7 of 11 Habitat Conservation Plan Ad-Hoc Advisory Committee Name Work Phone Home Phone Appt'd Exp. Date DateRe-appt 2ndExpDate Term 2nd Term This committee was created on March 22, 2005, by Resolution No. 2005-174 and amended on February 14, 12006 by Resolution No. 2006-41 to expand membership to 13 members. They will serve as a forum for community review and discussion regarding Habitat eonservation Plans (Hep). The committee is specifically tasked to evaluate the geographical scope (excluding the Rural Lands Stewardship Area) and coverage of an Hep including the species associated with the geographical scope, to identify the types of impacting activities including County infrastructure needs, to identify the financial impacts of an HCP, to assess the community support for an HCP, and to identify alternatives to an HCP, if an HCP is not deemed feasible. The committee will ultimately provide its findings and recommendations to the Board of eounty Commissioners. Terms are 3 years. ( FLSTAT: n/a Staff: William D. Lorenz, Jr., Environmental Services Director. 213-2951 ( Wednesday;' May.tiij,-2iiii7 Page4of4 MEMORANDUM Agenda Item No. 9C May 22, 2007 Page 8 of 11 DATE: May 7, 2007 TO: Elections Office Sue Filson, Executive Manager -l:DJ , Board of County Commissioner~ : 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. HABITAT CONSERVATION COMMITTEE COMMISSION DISTRICT Elizabeth A. Wendt 693 Coral Drive Naples, FL 34102 1 Thank you for your help. MEMORANDUM I\Qenda Item No. 9C ~ r\,~;1Y 22, LOC? Page 9 of 11 DATE: May 7, 2007 FROM: William D. Lorenz, Jr., EnVironmJn Services Director Sue Filson, Executive Manager, . Board of County Commissioner ' TO: RE: Habitat Conservation Plan Ad Hoc Advisory 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. 1 have attached the applications received for your review as follows: Elizabeth A. Wendt 693 Coral Drive Naples, FL 34102 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and 1 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] of2 Agenda item No. 9C May 22, 2007 Page 10 of 11 ---------------------."-.---.--..----------.---.-------.---- .-~"=rom: ~t: To: filson_s Subject: New On-line Advisory Board Application Submitted ewendt@comcast.net Friday, April 20, 20072:38 PM Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 4/20/2007 2:37:32 PM. Name: /Elizabeth A Wend~ Home Phone: /239-261-44461 Home Address: 1693 Coral Driv~ City: /Naple~ Zip Code: 134]021 Phone Numbers Fax: I Business: ~39-877-29591 ..., e-Mail Address:~wendtialcomcast.ne~ Work Place: ~"egris & Associate~ How lon2 have you lived in Collier County: ~ Have you ever been convicted of any offense a2ainst the law? ~ Are you a re2istered voter in Collier County? IY e~ Board I Committee Applied for: !Habitat Conservation Plan Ad Hoc Advisoryl Cate20ry: !Not indicated) Do you currently hold public offfice? ~ .. Do you currently or ever served on a Collier County Board or Committee? ~ Please list our communi activities: olunteer, Naples Botanical Garden Volunteer, PACE Center for Girls ofIrnmokalee Consultant, mmokalee Foundation Vice-President, Co uma Sands Homeowners Association Education: 4/20/2007 Advisory Board Application Page 2 of2 [\"".7.',..,-l~ I+,",,,-,~ -.10.9C raduate ofIndiana University at Bloomington: Bachelor of Arts degree, English Bachelor ofi1\rt , 2007 e ree, Com arative Literature Minor in S anish; stud abroad. Conversant in S anish. Page' of 11 . . . 4/20/2007 Exnerience: moved to Naples full-time in 1998, after I graduated from college. For five years, I was a reporter a he Naples Daily News, covering general assignment, education and feature beats. Now, J am a !public relations associate at a North Naples advertising, marketing and public relations company, !Legris & Associates. Although I have not held any conservation-related jobs, I am a member of the :::orkscrew Swamp Sanctuary and a volunteer at the Naples Botanical Garden. I would describe nyself as someone who makes a serious effort to follow and understand conservation issues in ~oJlier County. EXECUTIVE SUMMARY flgenda Item No. 90 May 22, 2007 Page 1 of 16 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE OBJECTIVE: To appoint I member to serve a 4 year term, expiring on May 22,201], to the Collier County Coastal Advisory Committee. CONSIDERATIONS: The Collier County Coastal Advisory Committee has 2 terms expiring on May 22,2007. This 9 member committee was created by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and expelience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, tern1S will be 4 years. A list of the current membership is included in the backup. The terms for Gerald W. Camiener (representing Collier County) and Ronald M. Pennington (representing the City of Naples) expires on May 22,2007. A press release was issued and resumes were received from the following 3 interested citizens: APPLlCAJliT CATEGORY DIST ELECTOR ADV. COMM. Morton D. Potashnick Collier County 1 Yes None Joseph A. Moreland Collier County 3 Yes None Maurice James Burke Collier County 2 Yes Pelican Bay Services Division Bd TBD City of Naples COMMITTEE RECOMMENDATION: Collier County - Joseph A. Moreland City of Naples - will submit names later FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the recommendation for appointment, appoint I member, and direct the County Attorney to prepare a resolution confirn1ing the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners ,- Agenda Date: MAY 22, 2007 Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMM:SSIO~jERS 'in Page] of 1 '<10(' hit, m No. ]D 22. ;~ :;0 7 2uf16 'pr")!I1~1 .,<or.,t oj :l""T!t.lU to I~le :.;oIIIH C('1mty CDast": ".J""."~';UIV r:orlllll:lee ~;.'22!2'X'7 D DC 00 i\M I'rel)~rctl lIy D,.,te Sue Fd~on BOBrdo/County Cornmi5si"ll(,rs !::~()GL:t;Yo;; Man~tler to (n~' Bce Bee Qff,ce u"t~ Approvctl By LeG E. Cl~11S, Jr BO;lrd 01 County CmnmiSSIOller6 D<eputy C;ount\" M"Il,)\)l>r ::~ullly M~l)~ger's Office 51'1f200711,St:f\M t'o.:Jenca Item ~4o. 9D [,';;=]Y =2 20(17 Pcl]8 3:)f 16 Memorandum To: Sue Filson, Executive Manager, Board of County Commissioners From: Gail Hambright, Tourist Tax Coordinator, Coastal Zone Management Date: May 10, 2007 Subject: COASTAL ADVISORY RECOMMENDATION FOR VACANCIES On May 10. 2007 the Coastal Advisory Committee reviewed the three applications received by the prescribed deadline for one vacancy. Applicants were evaluated based on their potential contributions to the Committee. The Committee found all applicants to be qualified. After review and discussion the Coastal Advisory Committee recommendation to the BCC was that Mr. Joseph A. Moreland be appointed to serve on the CAC Board. Please advise should you need additional information. cc: Gary McAlpin, Director 01"-:.0 mO~ .,n'. C) '-- ",,0 ,j"" r-('">J Q) j)>,Jl ......roctl -;:20... -s2 i3 :n <( ,... 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(0 ..0 - (0 =' <B U > 1-00{ _ a cue::::: co:s ::i 0 _ :::l..... ~.2.~~ "O~Ul:::l E~~ou o~E~~=~~o~~~~~ ~U~~~~8::>WO~UUO<:UCl~O::>O<-<:~~O<:U-<:U~~8 >- u z: ... ~ 00 - l<l rI) ~ ... ~ 0 - .8 <r; Z , 's 0 ... - !). ,... -< '0 0. ~ ;;, U 0. U e~ 0 ... ... :=:.!::l ... ~ Vl e ~ 00 l<l ... ... ~ ~ 0 0 - - .8 .8 ... "" <r; .. 01 ~ u 6 -0 '-' '0 ... .:, Jl '0 ... .:, Jl '" '" - rI} - -g:; rI} '0"" gj ",,,, 0'" ~~ U '" ~ c.1:: 0:'2 ~ o 0 ~~ ~~ ." "" -<: 00 Uoo ... ... 00- N]. -ft ~z ~z rI} '0 "" .3 !-... e 0 -<:~ ;;: ~< ."" - CI u ..: ~ z: .- z: c..a -a -<: ~~ " u 0 ~ 00 ;:;;~ 0 ~ 00 o <r; ""00 ....0 >- .- ..,. 0'" ... '" >'0 o .C '-' 0 c- ..."" a vi " og. ~z 00 ... ~ ~ ... '-' .- ... ~"" ~ !3 ;:;;~ AGsnca Item t\Jo. 90 " May 22, 2007 Page 5 of 16 Collier County Coastal Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Anthony P. Pires, Jr. 649-6555 OS/22/01 OS/22/05 4 Years 209 Madison Drive 05/10/05 OS/22/09 4 Years Naples, FL 34110 E-Mail: apires@wp1-legal.com District: 2 Category: Collier County Ms.I-Ieidemarie Kulpa 777-2594 09/21/04 OS/22/07 3 Years 766 Wiggins Bay Drive 566-8389 05/08/07 OS/22/11 4 Years Naples, FL 34110 E-Mail: HeidiKulpa@msn.com District: 2 Category: Collier County Mr. Gerald W. Camiener 514-1148 05/1 0/05 OS/22/07 2 Years / , 7022 Green Tree Drive 514-1148 ( Naples, FL 34108 E-Mail: District: 2 Category: Collier County Mr. Ronald J. Minarcini 05/1 0/05 OS/22/09 4 Years 4000 Royal Marco Way, Apt. 927 393-0615 Marco Island, FL 34145 E-lIfail: rminarcini@aol.com District: 1 CategOlY: Marco Island Councilman E. Glenn Tucker 394-5151 04/11/06 OS/22/07 I Year 800 Chestnut Court 394-5708 05/08/07 OS/22/11 4 Years Marco Island, FL 34145 E-l\fail: friartuck3725@cs.com District: I Category: Marco Island . "..,....:.;: .,....~..__c Wednesday, May 09, 2007 - Page] 0[3 Aaenda !tem No. 9D " May 22, 2007 Page 6 of 16 Collier County Coastal Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Paul W. Sullivan 06/08/04 OS/22/08 4 Years 1330 Caxambas Ct. 393-9125 Marco Island, FL 34145 E-Mail: District: I Category: Marco Island Mr. Murray H. Hendel 05/1 1/04 OS/22/08 4 Years 4301 Gulf Shore Blvd., N. 262-0738 Naples, FL 34103 E-Mail: murrp2h@aol.com District: 4 Category: City of Naples Mr. Ronald M. Pennington OS/22/01 OS/22/03 2 Years /' 3430 Gulf Shore Blvd., N., Unit 2F 263-6935 02/10/04 OS/22/07 4 Years Naples, FL 34103 E-Mail: District: 4 Category: City of Naples Councilman John F. Sorey, III 213-1015 03/09/04 OS/22/05 I Year 735 Eighth Street, South 05/1 0/05 OS/22/09 4 Years Naples, FL 34102 E-Mail: District: 4 Category: City of Naples ". --;"':'":;';";~'''''''''.._...' -" .'.'<.'.. ',",," ..,.,....... ','./ 1-Vednesday. MaJ' 09, 2007-- '-'.' ~', ~~:"';J'.' Page 2 of3 A;Jsnda item No. 90 May 22, 2007 Page 7 of ~i6 ( Collier County Coastal Advisory Committee Name Work Phone Home Phone Appt'd DateRe-appt Exp. Date 2ndExpDate Term 2nd Term This 9 member committee was created on February 13, 2001 by Ordinance 2001-03 to assist the Board of eounty Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier eounty, and to advise the Board of eounty Commissioners and the Tourist Development Council (TOC) of project priorities with respect to funding sources that are available to eollier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the eity of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, iniet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments. After initial appointments, terms will be 4 years. eity of Napies - 213-1015 Marco Island - 389-5000 ( FL STAT: Sttiff: Gary McAlpin, Tourism Office: 530-5342 Wednesday, May 09, 2007 Page3 af 3 Aaenda Item ~Jo. 90 - May 22, 2007 Page 8 of 16 MEMORANDUM DATE: May 7, 2007 TO: Elections Office 1 Sue Filson, Executive Manager J Board of County Commissione 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. COASTAL ADVISORY COMMITTEE COMMISSION DISTRICT Morton D. Potashnick 7818 Ashton Road Naples, FL 34113 I 3 Joseph A. Moreland 5821 Cinzano Court Naples, FL 34119 Maurice James Burke 5801 Glencove Drive, #508 Naples, FL 34108 ~ Thank you for your help. MEMORANDUM ,A{;snda !tem No. 90 f\1ay 22. 2007 Page 9 of 16 DATE: May 7, 2007 TO: Gary McAlpin, Coastal Zone M~ag ent Director Sue Filson, Executive Manager ' Board of County Commissione I FROM: RE: Collier County Coastal Advisory 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: Morton D. Potashnick 7818 Ashton Road Naples, FL 34113 Joseph A. Moreland 5821 Cinzano Court Naples, FL 34119 Maurice James Burke 5801 Glencove Drive, #508 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 arcas 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 .' _.- -_.~_.._-----_._-----'-~---------_.._----_.~-_.--"._------------,._-_._~----_..__._---._~--~_. Page I of2 Agenda Item No. gO May 22, 2007 Page 10 of 16 filson_s 'l:'rom: mdpotashnick@comcaSl.net Friday, May 04, 2007 12:17 PM filson_s "~t: 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: 5/41200712:17:17 PM. Name: /Morton D. Potashnickj Home Phone: 1239-417 20521 Home Address: 17818 Ashton Rd.1 City: /Naple~ Zip Code: 1341131 Phone Numbers Fax: I Business: 1573-380 00151 ,j e-Mail Address:lmdpotashnicklaJcomcast.ne~ Work Place: Iself (semi-retired)1 How lon~ have you lived in Collier County: [ill Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? Iy e~ Board I Committee Applied for: !Coastal Advisory Committee! Category: !Citizen At-Large! Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ ~ Please list our communi activities: hainnan of the Semo Regional Port Authority,4 years, Member for 18 years... Parkinson oundation... Member Classic Coun Club... D.S.Coast Guard S uadron... Education: 517/2007 Advisory Board Application 'no, ~? ',em I_ !~te 2 of2 S, U.of Missouri, Graduate work in Marine and Pipeline courses... Area of consentration: Illtedgmg; 07 rivers and harbors .Docks, Wharfs, Revetments... Page 11 0 16 . . . 5/7/2007 Ex erience: 5 years as engineer, supt. manager, pres. and owner of Potash nick Enginering an onstruction...Performin lar e marine ro'ects in U.S. and abroad filso"_s .'. . -'_."......_-----------_.~----_.__._-------_._--,_._-------.------------. -"rom: mdpotashnick@comcastnet ./it: Friday, May 04, 2007 11 :03 AM To: filson_s Subject: Advisory board--Collier County eoastal Advisory Committee- Ms. Filson, My name is Morton Potashnick, 7818 Ashton Rd., Naples, Fl. 34] 13 2394] 72052 (h) 57338000]5 (c) mdpotashnick@comcasLnet(email) I would be interested in joining the Coastal Advisory Committee, if you feel a need for my services, expertise, and experiences. I served for some 18 years on the Semo Regional Port Authority, where I headed up various construction efforts, as head of the construction committee. I served as Chairman of the Port Authority for 4 years, and held other offices. Of course, this was on a citizen voluntary basis, such as how your committee members serve. I am a marine engineer, a 100 ton licensed Captain with endorsments, and business man. I have been involved in marine projects, both nationally and internationally, thoughout my working career. I am enviormentally sensitive, but with common sense. ~ugh I am semi-retired, I have lived full time in Naples for several years, _ill do marine construction consulting, not locally, but with/for several governmental agencies both U.S. and foriegn as clients. I have no ties nor loyalties to any local business nor groups, and feel I would be a good contributor to the advisory committee. I would be happy to meet with you, commissioners, or current members to discuss my qualifications and possible contributions my membership would offer. Thank you, Morton Potashnick At 5/4/2007 Page I ofl Agenda Item No. 90 May 22, 2007 Page 12 of 16 Advisory Board Application filson_s Page I of2 t\;J8nc-~3 i~em t'Jo. 90 i'.f.ay 22, 2007 Page 13 of 16 From: .t: To: filson_s Subject: New On-line Advisory Board Application Submitted JmoreI2409@aol.com Friday, April 20. 2007 754 PM Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34H2 (239)774-8999 Application was received on: 4/2012007 7:53:56 PM. Name: fToseph A. Moreland) Home Phone: /239-348-1546/ Home Address: 15821 Cinzano Court! City: lNaple~ Zip Code: 134] 191 Phone Numbers Fax: I Business: I . e-Mail Address: ~morcl2409Ia!aol.con~ Work Place: !Retired) How lon~ havc you lived in Collier County: [ill Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? Iy e~ Board I Committee Applied for: !coastal Advisorvl Cate~ory: !Not indjcate~ Do you currently hold puhlic offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list your communi activities: -stuary Conservation Assoc. President, 4 years Homeowners Assuc. Treasurer, 3 years Guardian Ad item, 20th Judicial Circuit, 3 years Habitat for Hwnanity, Construction. Mentor, Board Member, 5 'cars Pelican Isle Yacht Club, Past President & Commodore 4/23/2007 Advisory Board Application ~ -., At 4/23/2007 Page 20f2 Agenda Item No. 90 Education: Mav 22 2007 LLM - Univ. of Virginia Law School LLB - W. Virginia College of Law BS - WVU, IndustHil.IiM~& 6 Labor Relations Admitted to Practice Before US Supreme Court Army Command & General Staff College Defense Lamma!!e Institute - German Ex erience: esidential Appt. as Charter Member of Senior Executive Service - US Govt. Held positions as ounsel for Environmental Law, US Dept. of Commerce; Director, US Offfice of Civil Defense; irector, Office of Defense Mobilization Preparedness; Administrator, US Fire Administration. etired Colonel, US Arm Reserve A intment as Mili Law Jud e filson_s '.~'W"h ItolllIJUP~~e 1 of2 "::J~' _la,,, , . JD May 22, 20G7 Pa;j8 15 of 16 Advisory Board Application From: therightperson@msn.com .t: Monday, April 09. 2007 10:33 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: 4/9/2007 10:33:10 PM. Name: !Maurice .Tames Burkel Home Phone: 1239 598-31401 Home Address: 15801 Glencove Drive. #5081 City: lNap;d Zip Code: 1341081 Phone Numbers Fax: I Business: I e-Mail Address: ~herightperson(mmsn.con~ , Work Place: lRetire~ 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? IYe~ Board I Committee Applied for: ICoastal Advisory committe~ Category: !Not indicate~ Do you currently bold public offfice? ~ /pelican Bay Services Division Board of Direclor~ Do you currently or ever served on a Collier County Board or Committee? ~ I Please list vour communi activities: e!ican Bay services Division Board of Direclors Chairman Vice Chairman Chairman, Clam ay/Water Manaagement Committee Chairman, Government Relations CC Districl2 Advisory ommittee Collier County Transportation Coalition Secre\ary- Treasurer Glencove in Pelican Bay ondo Association Board President Director St. William Council Knights of Columbus Deputy Grand 4/10/2007 Advisory Board Application Page 2 of2 - Agen,Ja Item No. qO !Knight Program Director Youth Director Collier Harvest- Food distribution Volunteer Mav 22 ;0107 Page 16 ot 16 ~ Education: iBs, Industrial Relations, LeMovne College, Syracuse, Ny! Ex crience: usiness career with Proctor & Gamble, Holida Hotels and successsor Com ~ .At 4/10/2007 Agenda Item No. 9E May 22, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners indicate intent to renegotiate the County Attorney Employment Agreement with David C. Weigel and approve an Addendum to the Agreement. OBJECTIVE: That the Board of County Commissioners indicate its intent to renegotiate the County Attorney Employment Agreement with David C. Weigel and approve an Addendum to the Agreement extending the term of employment four (4) years. CONSIDERATIONS: David C. Weigel has been employed as the County Attorney since 1995, having been employed as Assistant County Attorney in 1985. and Chief Assistant County Attorney from 1988- 1995. The present County Attorney Employment Agreement dated June 10, 2003 will expire September 30, 2007 unless extended or renegotiated. The Agreement provides a 180 day notice period before expiration for the Board to indicate its intent to renegotiate the Employment Agreement or allow it to expIre. Similar to treatment afforded the County Manager in 2006, an Addendum to the County Attorney Employment A,,'Teement is proposed for Mr. Weigel, extending his employment as County Attorney for four (4) years and making a few minor modifications at no additional expense to the County. The Addendum provides two changes: 1) the termination date shall be September 30, 2011, unless the Agreement, as amended, is extended or renegotiated as provided therein; 2) Section 11 B of the Agreement shall be amended to reflect that Employee shall accrue leave (i.e., vacation time, sick time, and personal leave) consistent with all other employees of the Board of County Commissioners instead of receiving "universal leave. " The proposed Addendum to the Employment Agreement does not increase the current total payment of salary and benefits of Mr. Weigel; there shall occur an annual performance review in October, 2007 and every October in succeeding years. FISCAL IMPACT: There is no change in total amount of compensation (salary and benefits), funds are appropriated in the County Attorney Office operating budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners advise the County Attorney of its intent to re-negotiate his A,,'Teement and fulfill the intent by approval of the attached Addendum to the County Attorney Employment Agreement and authorize the Chairman to sIgn the Addendum to the County Attorney Employment A,,~-eement. SUBMITTED BY: James Coletta, Chainnan, Board of County Commissioners 04-COA~01016/552 -- Page 101' 1 1\01>1(1;,- Ilem No :JE 20iJ7 of 4 COLLIER COlf~TY BOARL OF C:)UhJ1V COMMISSIONeRS Item Number: G[ Item Summary: F:;ocom nPI:rj8ho~, that Hv' Cc'cnd 01 C:U;}11Ty CDn'ml~;5IDne~~ :nd:c.i,lle w,tel1t tD f"'fK'9,,lii;ip the ~,UL!nt'i M':J"',ey [IlW1u\YI,oni /..':),ep;llent wltn Dcu;d C Helget snc dr,pI(I,,;:. a(, ;.dClF-nuun' :Ci i\\ireemwli :CUTiT; ~'.SI()'lH C:Jlc-tta) Meeting Date: :,~;U~ ~l :~u OC' !'.M Prepared By r,ancy Rosiak E;X0cutlveA,oelo\heBCC Dale Boani of County 8:::e: Of/ice 5it()i~007 9:17,12 AM Commissioners Approved Uy SuooFil$on Ex,,~ut'vt. Man<lger Ie thE Bee Oat" SoanlofCourlly B'~:C (JIII~e ~(1a;2007 9;3!: AM Commissioners APllfOVl"d By Jan)('sV_ r,'ucld Counlyr,1anager D<lte [laud of County CommiSSIOners County Manager's Office 511012007 &:18 PM L/lenda item t'Jo. 9E '-' fv'iay 22, 2007 Page 3 of 4 ADDENDUM TO COUNTY ATTORNEY EMPLOYMENT AGREEMENT This Addendum to County Attorney Employment Agreement (the "Addendum") hereby amends, is attached to and is incorporated into the certain County Attorney Employment Agreement dated June 10,2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter "Employer") and DAVID C. WEIGEL (hereinafter "Employee"), and is dated this day of May, 2007. WHEREAS, Employer and Employee have entered into the County Attorney Employment Agreement (the "Agreement") whereby Employer agreed to employ the services of the Employee as County Attorney of Collier County; and WHEREAS, Employer and Employee wish to extend and modify the tern1S of the Agreement in accordance with the terms and conditions hereof. NOW THEREFORE, in consideration ofthe mutual covenants herein contained, the parties hereby agree as follows: I. RECITALS. The above recitals are true and correct and are hereby incorporated herein by reference. 2. AMENDMENTS: A. Tern1ination Date: Notwithstanding any provision to the contraJY in the Agreement, the Agreement is hereby extended for a period of four (4) years, whereby the employment tern1ination date shall be September 30,2011, unless this Agreement, as amended. is extended or renegotiated as provided therein. B. Sub-Section B of Section II. Insurance. Vacation. and Sick leave: EMPLOYEE shall be entitled to receive the san1e vacation, sick leave and personal leave benefits as are accorded to department heads, including (except as providcd in the Agreement) the provisions governing accrual and payment thereof on tern1ination of employment. Universal leave that has been accrued through the date of this Addendum shall be moved to and credited as Employee's vacation leave. County agrees that annually, on the EMPLOYEE's anniversary date of employment with the County, the EMPLOYEE will be paid Ic)r all hours of accrued vacation leave that exceeds three hundred-sixty (360) hours. 3. REMAINING PROVISIONS. Except as modified hereby, the tenns and considerations of the above referenccd Agrecmcnt shall remain in full force and cffect. Page lof2 Agenda Item No. 9E 1\l.ay 22. 2007 Page 4 of 4 IN WITNESS WHEREOF, the parties have executed this Addendum as of the date fIrst above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES COLETTA, Chairman WITNESSES: EMPLOYEE David C. Weigel Approved as to form and legal suffIciency: Michael W. Pettit Chief Assistant County Attorney 04--COA..OI016/551 Page2of2 EXECUTIVE SUMMARY Agenda Item No. 9F May 22, 2007 Page 1 of 4 ~ Request of Commissioner Henning to the Board of County Commissioners to approve and authorize reimbursement of reasonable legal fees and costs. OBJECTIVE: For the Board of County Commissioners to detennine, pursuant to the policy of Resolution No. 95-632, that a valid public purpose exists and so to approve and authorize the reimbursement of the reasonable legal fees and costs incurred by Commissioner Henning in the successful defense of an ethics complaint CONSIDERATIONS: On June 22, 2006, the Florida Ethics Commission received an ethics complaint from Dennis Mitchell alleging Commissioner Henning violated Section 112.313(6), Florida Statutes, by using his official position to improperly influence the County Attorney and the County Code Enforcement Board. The Ethics Commission Investigator came to Collier County and interviewed several County employees, Commissioner Henning, and members of the Code Enforcement Board and wrote his rep0l1 to the Advocate (prosecutor) tor the Ethics Commission, ~ The Advocate wrote to the Ethics Commission "It is my recommendation that there is no probable cause to believe that Respondent (Commissioner Henning) violated Section 112,313(6), Florida Statutes, by using his official position to improperly influence the County's Attorney and the County's Code Enforcement Board relative to matters involving Respondent's friend". Last month the FIOlida Commission on Ethics found no probable cause to believe the Respondent, as a Collier County Commissioner, violated Section I] 2.313(6), Florida Statutes, and accordingly dismissed the ethics complaint with the issuance of its public report (attached hereto), Commissioner Henning has utilized legal representation to assist in his response and successful defense of the ethics complaint. The County policy of Resolution No, 95-632, provides that the County shall pay legal fees and/or costs incurred by County persons in cases involving formal ethics charges upon certain findings of the Board: I. The ethics charges arose from conduct related to the perfonnance of official duties and while serving a valid public purpose. 2, The County person has prevailed and successfully defended against the ethics charges, 3. The legal fees and/or costs charged are reasonable in amount. 4. The charges have not resulted from the willful failure of the County person to follow the legal advice furnished by the Office of the County Attorney. FISCAL IMPACT: Not to exceed $7,000.00. GROWTH MANAGEMENT IMPACT: Non applicable. - RECOMMENDATION: That the Board of County Commissioners, pursuant to the policy of Resolution No. 95-632, find as follows: Agen~ja Item No. 9F May 22, 2007 Page 2 of 4 a. The ethics charges arose from conduct related to the performance of official duties and while serving a valid public purpose. b. Commissioner Henning has prevailed and successfully defended against the ethics charges. c. The legal fees and/or costs charged are reasonable in an10unt. d. The charges have not resulted from the willful failure of Commissioner Henning to follow the legal advice fumished by the Office of the County Attomey. That the Board approve the reimbursement of reasonable attomey fees and costs as reviewed and approved by the County Attomey, not to exceed $7,000.00 incurred by Commissioner Henning in the successful defense of the ethics complaint. Prepared by: Assisted by: Commissioner Tom Henning County Attomey David Weigel 2 Item Number: Item Summary: Meeting Date: Pagelofl II.ger1d.', Item No 9F 22, 2CJ07 ?d4 COLLIER COUNTY BOARD OF COUNTY COMM!SSIONERS 9F COLT" \;~,SIOner r<C;I',nm] cequesl.:llg HH} B;.'Md 01 Courl,.- CO'T1ITlis\ I~)ners 10 appf')V() Blld dut'lOrilc' IPIT11QUrseIl1Gn; 01 rC-thC-'l?,;ti<' If".;8: ~'ees ClI ~: costs S/22/:'OG~ 8;jO GO/\M E~ec(Jtiv(' Aide to tile BeC Dille Prellllred By Sam Tucker Baara ofCaunty Comm.5sroners 8CCOffLce 5115:20074;0410 PM Date Allproved By Sue Fibon Bcardo/County Commissioners t',Ko(:ullVl-.' Managertathe S:':;C aGeC/fie!! 5!15120074:10 PM County Manager D~te Approved By James V_ Mudd Board of County Commisl'ioners County Manager's Office 51151200'74'47 PM .';]encia Item I\io. 9F ~ "-'"2 00'7 1'""r':Y -'--- ,"- _ lJ Page 4 of 4 CL\E.Nl'S COP'{ BEFORE THE STATE OF FLORIDA COMMISSION ON ETHICS DATE FILED APR 2 5 2007 COMMISSION ON ETHICS In re mOMAS HENNING, Respondent. ) ) ) ) Complaint No. 06-142 PUBLIC REPORT Based on the preliminary investigation of this complaint and on the recommendation of the Advocate for the Commission on Ethics, the Commission fmds that there is no probable cause to believe the Responden~ as a Collier County Commissioner, violated Section 112.313(6), F10rida Statutes, by using his official position to improperly influence the County's Attorney and the County's Code Enforcement Board relative to matters involving Respondent's friends, as alleged in this complaint. Accordingly, this complaint is dismissed with the issuance of this public report. ORDERED by the State of F10rida Commission on Ethics meeting in executive session on April 20, 2007. ~;(Sf- 2tJiJl Date l:r" ~ ~ a-<:.:. . orman M. OslTau Chair cc: Mr. Douglas L. Rankin, Attorney for Respondent Mr. Dennis Mitchell, Complainant Mr. Iinzie F. Bogan, Commission Advocate '-\genda It'2m No.1 OA Mey 22, 2007 Page 1 of 42 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners accept the findings of the report entitled "Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Incorporated, in association with Rohert \V. Burchell, Ph.D., as directed hy the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate tbe changes to tbe indexing methodologies and corresponding changes to the impact fee rate schedules for consideration by the Board of COllnty Commissioners at a future meeting(s). OBJECTIVE: That the Board of County Commissioners (Board) accept the findings of the report entitled "Collier County Impact Fee Indexing Study" prepared by Tindale- Oliver and Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 of the Collier County Code of Laws and Ordinances (Code), the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate the changes to the indexing methodologies and corresponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting(s). CONSIDERA TIONS: Collier County has used impact fees as a funding source for growth-relatcd capital improvements for various facilities since 1978 (Water and Sewer). The most recently adopted impact fee is the Law Enforcement Impact Fee which was adopkd by the Board in 2005. In October of 2002, the Board directed that during the upcoming required three-year updates of the individual impact fees that methodology also be developed to provide for the annual indexing of the fees in the years between the formal updates. Impact Fees generate funds to be expend cd for capital improvements to public facilities necessitated by growth. Rate indexing provides additional funding for capital projects consistent with the increases in actual costs, promotes predictability of the annual revenues, reduces costs for services of rate consultants, allows the development and construction industries to plan more accurately for scheduled increases and helps to avoid large rate escalations caused by time lapses between fonnal studies. Currently each of the County's twelve (12) impact fees has an adopted methodology for annual indexing. These indexing methodologies are based on combinations of several national inflation factors as well as a localized land cost. The index. or combination of indices, is specific to the individual impact fce. Indexing Study ES ~ Page 2 AI]cnC3 Item f'Jo. 1 ClA May 22, 2007 Paqe 2 of 42 During Fiscal Year 2006, Collier County updated several of its impact fees in order to keep pace with rapidly escalating costs as well as to meet the requirements of the formal three-year studies. During the public hcaring for the Emergcncy Medical Services Impact Fec Update Study on February 28, 2006, the Board of County Commissioners directed that thc indexing mcthodology for cach of thc impact fees be rcviewcd and reviscd, as appropriatc, to reflect localized information. Upon completion of the ongoing impact fee update studies, staff immediately began the Rcquest for Proposal (RFP) process in order to facilitate the hiring of a consultant to complete the study to localize the indexing methodologies. On Novembcr 14,2006, upon Board approval, a contract was executed with Tindale-Oliver and Associates, Inc. (Consultant) for impact fce consulting scrvices. The Consultant worked in association with Robert Burchcll, Ph.D. from the Center for Urban Policy and Research, Bloustein School of Planning/Public Policy at Rutgers to develop a legally defensible indcxing program, specific to Collier County. This approach is consistent with Section 163.31801, Florida Stalutes, which is the Florida Impact Fee Act 2006, rcquiring the most recent and localized data be used in impact fee calculations. The attachcd study, entitled "Collier County Impact Fee Indexing Study," identifies four revised measures to be used, alone or in combination, to calculate the annual index for cach ofCollicr County's impact fecs. Thc rcvised measures, as detailed in the report, are: land costs, building costs, building equipment costs and transportation costs. In the case of the land component, the index is developed from local information from the Collier County Property Appraiser and does not rely on national averages. The other measures are developed from national or statewide (transportation) indices that are then adjusted to be brought to the local level. Each of the indices is then fitted with a rolling average- linear regression. As stated in the consultant's repOli, the henefit of this approach is "that the change of the change is incorporated into the inflation analysis and the year-to-year change is smoothed by a linear regression." As discussed above, impact fee indexing methodologies have been developed for the County's individual impact fees are based on one or more of the following measures: . Collier County Property Appraiser's Oflice - Just Values . Engineering News Record (ENR) Building Cost Index · Consumer Plice Index - Miami/FI. Lauderdale . Florida Department of Transportation Price Trends Indcx The following chart provides a comparison between thc cstimatcd indexing pcrcentages that would he utilized based on the application of the adopted indexing methodology and the indexing percentages that would be utilized based on the proposed localized measures. As an attachment, the spccific current adopted methodologies for indexing each of the in1pact fees is also provided. Indexing Study ES - Page 3 Agenda ::S!11 No.1 Oi\ f\~8Y 22, 2007 3 of 42 Impact Fee Estimated Current Index Estimated Proposed Index 2007 2007 Community Parks 1 O.8(~/~ 16.3% Correctional Facilities 3.9%1 8.4% Educational Facilities 5.2% 9.7% Emergency Medical 7.1% 11.8% Services Fire Protection 30'* 5.9% In Government Buildings 5.2% 9.8% Law Enforcement 4% 8.5lj'O Library 5.1% 9.4% Regional Parks 14.2% 20.3% Watcr 30/0* 5.9(%** Wastewater 30/0 * 5.9%** Transportation 7.1% 29.7% * Based on the most current year-to. year period data available for the CPl.Miami/Ft.Lauderdale. ** The indexing methodology and use of most accurate and appropriate indices for \Vater and Wastewater Capital Facilities \\'ill be revic\ved by the County's rate consultant for \\/ater and Sevver Impact Fees A full study of the Transportation Impact Fec is cUl1'cntly bcing conducted, however, upon completion of the study and approval by the Board of County Commissioners, any additional increase in the Transportation Impact Fees, above that generated by the indexing, would be associated to components not addressed by the indexing or actual costs that exceeded those assumed in the indexing. In order to remain consistent with the statutory requirement to utilize the most current data, the indices will be calculated and revised annually. Additionally, in the event that the index for a specified impact fee exceeds 15 percent, the cost increase will be verified through bid data, land purchases and other available data, as recommended by the Consultant, in order to "ensure that new devclopment is not being overchargcd." Prior to the public hearing(s) for any impact fee rate increases, including indexing, all applicable infol111ation is presented to both the Developmcnt Services Advisory COll1mittee (DSAC) and the Collier County Producti"v'ity Con11nittee for their review and recommendations. Indexing Study ES - Page 4 ,[\g8n:a item r'Jo. 10A May :::2, 2007 4 or 42 FISCAL IMPACT: The following chart provides a comparison between the application of the current indexing methodology and the proposed indexing methodology and the dollar difference between the two indices for each of the individual impact fees for a 2,000 square foot (living area) single family home. Impact Fee Current Rate Rate After Rate After $ Diffcrcnce Adopted Proposed Between Current and Indexing Indexing Proposed Index Community Parks $1,027 $1,137.92 $],194AO $56A8 Correctional $213 AO $221.80 $23 1 AO 59.60 Facilities (SO. 1 067/sf living) (SO. J 1 09/sf living) ($0.1157/sf living) Educational 59,206 $9,684.71 $10,098,98 5414.27 Facilities Emergency $112.04 $119.99 $125.26 $5.27 Medical Services Fire Protection 5984 (lC) $1,008 (lC) 51,032 (lC) $24 (I C) Isles of Capri (IC) ($0.41 /sf roofed) ($0.42/sf roofed) ($0.43/sf roofed) and $1,680 (OFD) 51,728(OFD) 51,776(OFD) $48(OFD) Ochopee (OFD) ($0.70/sfroofed) ($O.72/sf roo red) (SO. 74\f roofed) Govenllnent 5807 $848.96 $886.09 $37.13 Buildings Law Enforcement $317.55 $330.25 $344.54 514.29 Library $506.25 $532.07 $553.84 $21. 77 Regional Parks $2,272 $2,594.62 $2,733.22 $138.60 Water 53,415 $3,5 J 7.45 53,616.49 $99.04 Wastewater $3,515 $3,620.45 $3,722.39 $101.94 T ransportati on $8,884 $9,514.76 $11,522.54 $2,007.78 TOTAL $31.259.24 S33, 130.98 $36,061.15 $2,930.17 (With Isles of Capri Fire) Revenue projections related to the indexing of the individual impact fees depend heavily on the permitting trends during the time period of the impact fee increase. Any changes in permitting activity and trends associated v,,"ith the size of new honlcs and/or commercial and other non-residential buildings being constructed in Collier County will Indexing. Study ES - Page 5 Agenda Item ~"IO. 'i OA r\1ay 22, 2C07 5 of 42 directly affect this impact fee revenue stream, Any permits that arc "in process" via a complete building pennit application are not subject to imposition of revised impact fees and in accordance with Section 163.31801, Florida Statules minimum 90-day notice is given after the final adoption of an impact fee or impact fee increase and the implementation of the fee, In effect, these policies and requirements cause a significant delay in recognizing the additional revenue associated to the increase in impact fees. As discussed above, the size and types as well as the intensity of use of the land uses being permitted directly affect the revenue generated by a proposed increase in impact fees and there is not always a direct relationship between the percentage of rate increase and the actual increased dollar amounts of collections. Therefore, a 100% increase in impact fee rates docs not immediately generate a 1 OO'Yo increase in revenue. Revenue projections are also provided as back-up material during the adoption hearings for all impact fee increases and are based on the most recent applicable data available in order to provide the most accurate projections, GROWTH MANAGEMENT IMPACT: The eoncept of annual indexing is consistent with Objective 1.2 of the Capital Improvement Element (CIE) of the Collier County Growth Management Plan (GMP), which states: "Flltllre development will bear a proportionate cost (~rraci/i(y il1lprol'emenL\' nece.)'sitated hy gr0l11h." Impact Fees generate funds to be expended for capital improvements to public facilities necessitated by growth. Rate indexing provides additional funding for capital projects, promotes predictability of the annual revenues, reduces costs for services of rate consultants, allows the development and construction industries to plan more accurately for scheduled increases and helps to avoid large rate cscalations caused by time lapses betwecn formal studies. Additionally, this approach is consistent with Section 163.31801, Florida Stalllle", which is the Florida Impact Fee Act 2006, requiring the most recent and localized data be used in impact fee calculations. LEGAL CONSIDER;\TIONS: consideration and approval. This request is legally sufficient for Board RECOMMENDA TION: That the Board of County Commissioners (Board) accept the findings of the report entitled" Collier County Impact Fee Indexing Study" prepared by Tindale-Oliver and Associates, Incorporated, in association with Robert W. Burchell, Ph.D., as directed by the Board of County Commissioners, and direct the County Manager or his designee, to finalize the study, prepare the necessary amendments to Chapter 74 of the Collier County Code of Laws and Ordinances (Code), the same being the Collier County Consolidated Impact Fee Ordinance, to incorporate the changes to the indexing methodologies and cOlTesponding changes to the impact fee rate schedules for consideration by the Board of County Commissioners at a future meeting(s). Prepared by: Amy Patterson, Impact Fee Manager Business Management and Budget Office, CDES ltemNumber: Item Summary: Meeting Oate: Page] 01'2 A'X~ild2 No lUll. 22 2[\07 (';)1,12 COLLIER COU~TY 80t;RO OF CQUt,TY CCMMISS:ONCF~S ~ry., "I",,~' ,1 [~rn Ie I", 1:8']; i d: 4.UC ~; rll f;'.-C(llnrli(;ndill'm, II' a, the "':;-iJ'd of County '''')fllT,c,:.ioilC'r,. ur:cepll'w lirKI:nJ':' 0: 1~'1" 'er,'ort C:I1:ilr;-d C~)"''''I r;OU~!V i'''i~aCl ~e<, Ildl?Kllg 'J,])' ~."::;meC: t.-y ',ntaie' '~ill''')1 ~-HI(1I","S:Y:lal"~ 1:::'-::01["") "w,j :;1 .JS,:( ,-:-Jt,eJ"1 \"'th Robert F'li.lc(;"8!. ~)I" D ,l~: :;Ire~[l'l' L)' t'i(: r,k 'lr(1 of :':;::,[I'lt-, Cornrr' '''''-)'IdS an;:: ;;1[('.8: tne C';"lt., Uar<HJH ur Ill:.' ()w;'gr>ee tu iil'al;,:'f' tho :"L;di r','f':;;,u',' :"1'-' rH"S"'5~"r\' '.)mFIl11l1"r~!s 10 ~:i IJPter 14 01 !nf' ~;.nIIIPr COL;l1ly C:cde 01 :..aws a IC (>-:jlllcif',CeS, :llP S"I'!1" tJewg the Coli,er '--')li'l1v:",'_lnSOlij,lledlrom:,Kil':GpQrdw.apce.tc-IIlU.l:r"'''''dlSt'18':ian:X)"toin", nde;,mg 'c'1hQry 1,1g'PS anJ corlec,K\T>n'J dd'\'J~S tv ~he ImpaCT fee ~,'i,s. sChedJles to' C(>1 ~'I:]e'il:IQIl oJ" ~ile '~()<Jrd of (;""UI'11' ,:",()rirn!~ ~:("n.,c~_:<1 '" 'ull.tl'f rll':st: 'D'S' i"'~)S"ph.( :;:'~:~1 "itl I'CHlllr',,:; r;;'or C> r:W:L;: II)' L'eve''ji,)ITlelll CJqri E r""''lln~''''E'llid! ':',"rvuc<' n"{I~'Q:l) ~\1:.':'."20( -. S.OO I\M Date Prepared By Amy PaHerson C'llnlT'ullity Df'\.'rlrJpn,,,,"t& Envlron""entnISr:rvices Imp"Clf--ee M'm~ger Fin~n~I,'1 Allmill. & Hou!>ing 412(;12(;0711:0:':21 I,M Date Appruved B}' Jeff Klnt~~ow C0unlyAtlorney ASsl5t~nt County AHor'1CY Cmmty {,ttorney (if/Ice 4!2(i,'2(J(l7 3:39 PM D~\e Approved By MarIN10St"WJr't ExeeU\IV{' SccrrL>ry 4'1J;12Q074:23PM Apllro~'cd By Communlt,. Dcndopmem & Comml.Jrllly Do'veiopment & En',irorlmenlaIS"rvlces En\-',romnc"tatScr-,-ices{,dmin. Judy f'uig 0pcratlon~ Al1aly,,1 Date Approved By Communit\' D~v"'ormf)n: & Commw,it\, [l""elopfT'en1 8. En"jconnwnl~1 "HvKns E:nvFronmcnt;,i SpcviclJ& I,clmm 4!2G!20074:40PM Jo sep~l K, Sc i-.nlitt COmFnLHlily D,,"ehpllwm & E:nvicon",enlal;';c'rvic"tr,dminstra [)~:e Commulliiy Dt'w-':(\rmcn~ 8. Community [j,'v"'''pmf':'l Ii. c:nvirclnr',cn:a! ;;(Or\"(;e~, f,dmin 4:26,'200'i 5:07 PM e,wimnmm1t,iiS"r-,-jGSS D~te Allllroved fly PniliT,fI(Idll T I ,In S P 0 r~.'1l i 0 Fl S e rv ice 5 f'lIn{lnJIPI,mner lr:<n,.p~".talion OI~n"i'1" 4i::i,~C07 8'11 I'M C),ite Approved By Bal., S,-id',ar r,mlocU[ililles Sl""'O' ~/;Jn"(Jom"',tlBudge: An,llvsl ~\!~)iic Utilitl"'.~ [lp"ratIP"s 4;1,/10071i45 AM D~te AI/proved By '~Gm~" 1I-IIde., P,j~,tlc Utililws ()~"'~tIO"" Director Puol'cUt:lit,cs C!p8raliotlS 4f:7.'20U7 !)57 AM Dale AI/prowd B)' (,Mrett Mullee ComrnlJcllty :::O[)v"i"prrwni & Et'vironlnonl"ISc,"vic,'s Finane,;) Op!)r~t'ons M"na~)er r'IfIJr;~"ii i-Icimin & Hou~tn9 ~.'2I,'1DJi 4:17 PM [JJte ,Approwdlly JJfIlOS W. DeLo'll' Puuli~ Uiiltt'es r'ut;ii{ ihi'iile" AU"lIr"str~!or .. ub!!~ UII'ille~ {J.cr:"r1is!r~ii"n 4!30;?007 ~,1S PM Lime Approved B}' tJorlT) E. F~oer At::P lransp,y,;:,ricIlS','c\'lces 1rnf1or>0rt~li0n DF"','''') ;"imin; ar,1tor , rJ""p"I1.~\Fon Service;. Acimin 51112007 'j'44 AM fht" Appro~'cd By OMB COO,'cill)(ltor Couo\y M,1r,;'lger'5 Office :,cil1ltrrrSlrilj.veA,s'$tilflt (/l-ic(!oi'r,~an"<:l"I11'mi &.Bu<iget 511i2GD7144PM Dille Allpron'd R)' M8r~ is~~hwn [JLJ,Jget r,"~ll'st :::OLHW,r':,,,:,,-,gl!r" ,:':'I,::e I~f,c,-, (',' :,~ ,)n""iemc,,,t <; ~,;_tj,,,et ';200,4',15 :"M l'ag.c.2 of2 'A ,\ppnl\ed By 1/, 'lW'::;,llyk', :;',",tyr,1"";;g.,-',,::!ffice ","",,!,'rn~tlt /-: Bwi:wt ~."rt~1or ~)"(e '\ppro,"cd By ~,'-";H, l:..,~"~r '.::'!lmt,' M"""W"-s C~:';l! :'1;,,,,, (,' r,~ "n~'.Ivtn~Il' I; [JL,j"",t ~'IO:~:i07 1r'.~' AM '\PIII"<l\cd By ,Jatl"'~ \'. ~;, u cld foa,-,r~ 01 c,(,unty "','''';;<,LOIl'''S :,VLI.:,' :',.1JtL"';:"lltd'I.-Th (j("'~ ~'n;li '~t ""Ie Olfef' 01 M"f1i'De,-n0n1 & P"~9"t 5"G,:oa-;4 40 DM ,';UUrlly \"al1"~I"r ,,,,Ie CCluntyr',j"n,,,,,,,'s'J'f:ce ~:1(t::'(J(r' ,;22 f'M }f)07 ,I :,1 COLLIER COUNTY ADOPTED IMPACT FEE INDEXING METHODOLOGIES Agenda Item No.1 OA May 22, 2007 Page 8 of 42 Impact Fee Current Adopted Indexing Formulas Increase in construction cost based on the Engineering News Record (ENR) Building Cost Community Parks Index weighted as 38% Df the index and increase in land values, published by the Collier County Property Appraiser's Office and weighted as 62% of the index. Land portion is capped at a 15% increase for indexing Correctional Facilities Increase in construction CDS! based on the Engineering News Record (ENR) Building Cost Index Increase in construction cost based on the Engineering News Record (ENR) Building Cost Index (5-year average) weighted as 79% of the index, increase in land values, published Educational Facilities by the Collier County Property Appraiser's Office (1 O-year average) weighted as 12% of the index and Jncrease in equipment costs based on the Consumer Price Index (CPI) _ Miami Ft. Lauderdale pO-year averane) as 9% of the index. Increase in construction cost based on the Engineering News Record (ENR) Building Cost Index pO-year average) weighted as 34% of the index, increase in land values, published Emergency Medical Services by the Collier County Property Appraiser's Office (1 a-year average) weighted as 33% of the index and increase in equipment costs based on the Consumer Price Index (CPI) _ Miami Ft. Lauderdale (10-vear averaqe) as 33% of the index. Fire Protection -Dependent Districts Consumer Price Index (CPI) AJlltems - Miami Ft. Lauderdale (10-year average) Increase in construction cost based on the Engineering News Record (ENR) Building Cost Government Buildings Index (5-year average) weighted as 89% of the index and the increase in land values, pUblished by the ColUer CDunty Property Appraiser's Office (1 O-year average) weighted as 11 % of the index Increase in construction cost based on the Engineering News Record (ENR) Building CDst Index (10-year average) weighted as 43% Dfthe index, increase in land values, published Law Enforcement by the Collier County Property Appraiser's Office (1 a-year average) weighted as 10% of the index and increase in equipment costs based on the CDnsumer Price Index (CPI) _ Miami Ft. Lauderdale pO-year average) as 47% of the index. Increase in cDnstruction cost based Dn the Engineering News ReCDrd (ENR) Building Cost Index (5-year average) weighted as 60% of the index, increase in land values, published Library by the Collier County Property Appraiser's Office (1 a-year average) weighted as 13% of the index and increase in equipmenUitems CDstS based on the Consumer Price Index (CPI) - Miami Ft. Lauderdale (1 04year average) as 27% of lhe index. Increase in construction cost based on the Engineering News Record (ENR) Building Cost Regional Parks Index weighted as 7% of the index and increase in land values, published by the Collier County Property Appraiser's Office and weighted as 93% of the index. Land pDrtion is capped at a 15% increase for indexing Water Consumer Price Index (CP1) - All Items -MiamifFt. Lauderdale less any rate of inflation included in the adopted rates Wastewater Consumer Price Index (CPI) - Atlltems -MiamifFt. Lauderdale less any rate of inflation included in the adopted rates Transportation FOOT Project Cost InflatiDn Index weighted as 72,2% of the Index, Righl-Df-Way costs weighted as 27.8% of the index (20.8% land and 7% Administration) A. Patterson Business Office - COES 04/25/2007 Agenda I~ern NO.1 OA i\'1ay :22, 2007 ?age 9 of 42 COLLIER COUNTY IMPACT FEE INDEXING STUDY Prepared for: COLLIER COUNTY May 8, 2007 Prepared by: Tindale-Oliver & Associates, Inc. 1000 N. Ashley Dr., #100 Tampa, Florida 33602 ph (813) 224-8862, fax (813) 226-2106 in association with Robert W. Burchell, Ph.D. Center for Urban Policy Research Blaustein Schoof of Planning/Public Policy Rutgers, The State University of New Jersey New Brunswick, New Jersey 08901-1982 (732) 932-3133, Ext. 542 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item No.1 OA May 22, 2007 fIRll\.F'rof 42 Table of Coutents I. Purpose ofIndexing Impact Fees I II. Indexing on a Natioual Scale 1 III. Impact Fee Indexing in Collier County Table I - Impact Fee Cost Elements 3 4 IV. Common Inflation Indices 5 V. Impact Fee Indexing in Florida 7 VI. Principle Threats to a Good Inflation Index 8 Observed Not "Constrained" Conditions 8 Tab]e 2 - Projects in an Eight Year STIP 9 Reflecting the Geography of the Region ] 0 Tab]e 3 - Multipliers to Convert Nationa] or Statewide Indices to South F]orida] I Reflecting the Triggering Points of Inflation II VII. General Methods of Calculating Inflation 12 VIII. The Rolling Average - Linear Regression Procedure 13 IX. The Revised Measures 15 A Calculating the Inflation Index - Land Costs ] 5 Tab]e 4 - Land Cost Index 15 B. Calculating the Inflation Index - Building Costs ] 6 Table 5 - ENR Building Cost Index 17 Table 6 - Turner Bui]ding Cost Index ] 8 Table 7 - RSMeans ]9 Table 8 - Average of Three Building Cost ]ndices 20 C. Calculating the Inflation Index - Building Equipment Costs 20 Tab]e 9 - Public Building Furniture 22 Table 10 - CPI - All Items 23 Tab]e II - Average of Two Bui]ding Equipment Indices 24 D. Calculating the Inflation Index - Transportation Costs (Roads) 24 Table 12 - FDOT Urban Construction Cost Increases 25 Table] 3 - Highway and Street Construction Index 26 Tab]e ]4 - Average ofFDOT and BLS Highway & Street Construction Indices 27 X. Conclusions/Implications Table 15 - Summary ofInflation Increases for 2007 27 27 XI. References 30 Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research Collier County, Florida - Impact Fee Inflation Index Calculations /;"oenda ite'Tt t\!O. 10A ~ Ik:y 22, 2007 bRJAFtof 42 I. Purpose of Indexing Impact Fees Impact fees are a mechanism for governments to provide an adequate amount of future capital facilities to new residents, Impact fee ordinances ensure that growth within a community bears a proportionate share of the cost or burden imposed on existing or new capital facilities. Impact fees thus make possible the extension of new capital infrastructure to previously unoccupied areas or redevelopment areas, as these areas become populated via various types of residential and non-residential development. Since impact fees are generally a one-time fee, assessed at the time a building pernlit is issued or a certificate of occupancy is approved and provide critical revenues to support new growth, it is important to keep the rates or detelminants of the fees as current as possible. Notwithstanding how often impact fees are re-evaluated or reassessed, the cost of new public facilities and services can change dramatically. This has the potential to provide an insufficient amount of fees to eover the costs of future development. Population growth, property value increases, consumer and producer price inflation, wage increases, and construction sophistication changes all have an effect on the cost of providing public facilities. The inflation index is necessary to adjust for the quantifiable changes in land values, wages, the cost of construction materials, and office/other equipment prices which must be accounted for when attempting to project the new capital costs related to new development. II. Indexing on a National Scale Consumer and producer pricing as well as other measures, are directly tied to in!1ation and can have compounding impacts on the cost of providing capital goods and facilities to the Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item hlo. 10A rv1ay 22, 2007 fJRJAF'fof 42 public. Some localities and counties have adopted legislation to promote impact fees for capital improvements with periodic adjustments for inflation. States which have adopted impact fee legislation include California, Oregon, Washington, Texas, ll1inois, Virginia (proffer), and F]orida. Impact fee use is growing in other southern and western states. Each state has a unique method for determining the rate for the impact fee, depending upon the level of government that is implementing the fee, as well as, the capita] improvements that are covered within the specification of the fee. Some localities and counties within states that recognize impact fees allow localities to maintain the fees at an appropriate level by indexing them with inflation. California adjusts their impact fees every 2 years with a Class B Construction Index as set forth in the State of California Cost Index (2005 California Mitigation Fee Act). The State of Nevada allows localities to either adopt an impact fee each year or to cumulatively increase the fee by: "the average percentage of increase in the Consumer Price Index for Western Urban Consumers for the preceding 5 years or by 4.5 percent, whichever is ]ower" (2005 Nevada Impact Fees for New Development). Some local governments in otJ1er states have more specific methods for calculating increases in inflation, using for instance the Engineering News-Record (ENR) Building and Construction Cost indices or other sources which reflect a national index of inflation in building or construction costs. These are usually only taken to the local level if there exists a local portion of a national index. When calculating the increasing costs of transportation infrastructure and capacity, a state's department of transportation is sometimes consulted for an historical account of road cost indexing. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 2 item i'Jo. 1 QA f",'lay 22, 20CJ7 iJRiAFTof 42 Collier County, Florida - Impact Fee Inflation Index Calculations III. Impact Fee Indcxing in Collicr County Collier County has a history of implementing impact fees and also updating them incrementally. Ccrtainly since the year 2000, thcre has becn a need to annually index fees to adjust for the significant increases in costs to undertake various types of capital projects. Impact fces in Collier County are updated every 2-3 years with annual mid-cycle indexing between major updates. During the mid-cycle years, the County adjusts the impact fee rates according to scveral inflation factors. Thc adjustments to the impact fee rates are made up of a combination of three cost elements: building cost, land cost, and equipment eost. A fomih element, transportation costs, is used for local road costs. As the cost of providing local capital facilities escalates with increases in wage and material costs, the inflation in costs must be accounted for to scale the impact fces that aid in their development. The following is a breakdown of the specific cost elements that are indexed for individual impact fees (Table I). Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 3 Collier County, Florida - Impact Fee Inflation Index Calculations .l\genda Item No.1 OA May 22, 2007 lPIRlAF'fof 42 Table 1 - Impact Fee Cost Elements Impact Fee Building Land Equipment Transportation Costs Costs Costs Costs Parks (Community & ./ ./ Rerrional) Libraries ./ ./ ./ Fire Rescue ./ Schools ./ ./ ./ Roads ./ ./ Jails ./ EMS ./ ./ ./ Government Buildings ./ ./ Law Enforcement ./ ./ ./ Water ./ ./ ./ Wastewater ./ ./ ./ (Source: Collier County Impact Fee Studies - 2005-2006) It should be noted that for all fees, with the exception of water and wastewater, indicated components are indexed using inflation factors specific to each component. In the case of water and wastewater impact fees, the same index (Consumer Price Index) is used for all components. Tindale-Oliver and Associates, lnc. has developed indexing procedures for several of the County's impact fee program areas in the past with the most recent studies undertaken in 2006. However, in the coursc of their investigations, it was noted that the two sources considered to index road and building cost increases, the Florida Department of Transportation (FOOT) Price Trends Index and Engineering News-Record Index, respectively, have inadequately captured the most recent increases in construction costs. For this reason the County recommended an independent evaluation of local construction cost increases on an annual basis until their Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 4 Collier County, Florida - Impact Fee Inflation Index Calculations Aoenda Item NO.1 O.A. ~ May 22, 2007 fJRJAF'rof 42 projected increment is viewed to be on a par with the observed increment. It is important to capture the rise in costs related to infrastructure and services on a local basis in order to produce the appropJiate amount of funds via impact fees to covcr futurc cxpenditures, Neither of the above sources of information are sufficiently specific to provide adequate accuracy in indexing local (South Florida) expenditure increases. FUJ1her, the FDOT Index used for their State TranspOJ1ation Improvement Program (STIP) appcars to be used more for planning purposes and may not be the most appropriate index to use to capture historical changcs in costs in an attempt to properly index transportation impact fees. IV. Common Inflation Indices Indexing for inflation is a common practice used to identify changes in a variety of industries and sectors of the economy. According to the Bureau of Labor Statistics, inflation is defined as "the overall general upward price movement of goods and services in an economy." Some of most recognized and useful int1ation indices on a national scale are the Consumer Price Index (CPI) and the Producer Price Index (PPI) both of which are produced monthly and annually and for which annual histories are kept. The Consumer Price Index (CPI) measures the day-to-day inflation in cxpcnses experienced by consumers. Ultimately, it reflects the increase in the cost of living over time or purchasing power, reflecting changes in the price paid by types of consumers for goods and services (2004 BLS). It involves both an aggregate measure of consumer increase (All Items) as well as individual measures such as various types of commodity increases. The cpr can also be tailored to specific regions oflhe United States. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 5 Collier County, Florida - Impact Fee Inflation Index Calculations ,^,genda Item No, 10A May 22, 2007 IJRJAFltof 42 The Producer Price Index (PPI), on the other hand, displays "the direction and magnitude of price change ."for finished goods" (2004 BLS). The PPI calculates the average change in selling price of goods and services from domestic producers. There are over 10,000 products and groups of products that are reviewed monthly, with new indices being introduced as various products in the economy evolve. The PPI most often uses individual measures of price increases rather than a single aggregate measure. The PPI usually cannot be tailored to specific regions of the United States. Other measures of cost inflation exist. These include building cost indices such as the Turner Construction Index, the Engineering News-Record (ENR), and the RSMeans Index by Reed Construction Data. The first is a strictly national index; the second and third involve an average of 30 cities for a national index and the individual results of these cities for local indices. The ENR does not include any Florida cities in its local indices for the South. It employs Atlanta, Georgia for this purpose. Land costs can be indexed by viewing market value changes in aggregate land prices from year to year in a particular jurisdiction assuming that there exists a procedure for nonnalizing assessed values during the successive years observed. Transportation costs can be indexed by comparing bid sheets on similar scale projects over time. Changes in cost can involve both wages and materials. Often adequate data exists for both changes in wages and in the costs of materials at a national or even state level; little infonnation exists on changes in the costs of materials below the state level. Tindale-Oliyer & Associates, Inc., and Center for Urban Policy Research 6 Collier County, Florida - Impact Fee Inflation Index Calculations Agen;~;a It8m No.1 OA fAay 22, 2007 l)RlAF'fof 42 V. Impact Fee Indexing in Florida In Florida, the state legislature adopted growth management legislation referred to as "pay-as-you-grow" to ensure a "source of revenue for a local government to use in funding the infrastructure necessitated by new growth" (2006 Florida Impact Fee Act). The subsequent Florida Impact Fee Act is a post-hoc response to the number of counties and municipalities in Florida which have already adopted impact fee legislation in response to the growth management legislation. The implementation of impact fees, reflecting established procedure, requires new development to provide its share of the costs of necessary capital improvements, which must be undertaken in advance of development, and which may fluctuate from year to year. According to Collier County municipal code, "the imposition of the impact fee is to provide a source ofrevenue to fund the construction or improvement of the public facilities necessitated by growth" (Article I See 74-104). The individual impact fees (roads, schools, EMS, etc.) are then updated through studies on the capital costs to provide such improvements as well as studies on the inflation which takes place from year to year. Other counties and municipalities in Florida also use indexing procedures to update their impact fees. Miami-Dade and Hendry Counties annually index their impact fee schedules with the change in Consumer Price Index (CPI) over the past year (2006 Miami-Dade County Code, 2006 Hendry County Code). In Lee County, the variation in year-to-year state transportation project costs are calculated using the Florida Depat1ment of Transportation (FDOT) Price Trends Index; building costs are indexed with the national Engineering News-Record (ENR) Building Cost Index; and other capital costs are updated with the Bureau of Labor Statistics' Consumer Price Index (CPI) (for Miami) as part of their impact fee calculation. Lee County also utilizes indexing in the transfer of impact fee credits created in the past using the CPI (2006 Lee County Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 7 Collier County, Florida - Impaet Fee Inflation Index Caleulations Agenda Item NO.1 01'. May 22, 2007 ffRlAFtof 42 Code). Charlotte County indexes impact fees based on a percentage change of the national ENR Construction Cost Index (different from building costs) from the prior to current year and the change in Average Just Value per parcel from the Charlotte County Property Appraiser (2006 Charlotte County Code). For buildings, impact fees in Manatee County are adjusted to account for the inflation rate reflecting the costs of providing facilities from year to year using the national ENR Construction Cost Index (2006 Manatee County Code). VI. Principle Threats to a Good Inflation Index When calculating inflation a number of issues and factors arise that challenge accurate calculations. These are as follows: (a) Insuring that time-data points reflect observed not "constrained" conditions (b) Insuring that time-data points reflect the correct geography of inflation (c) Insuring that data points rcflect the COlTect triggering points of inflation Observed Not "Constrained" Conditions Inflation numbers calculated by agencies of government are often captured by the unintended realities of their use. In transportation, a transportation intlation number if too high can limit the number projects that the agency proposes. It can further upwardly influence bids on a multi-year contract by a suggested inflation figure which is used by bidders to adjust future components of work. The bidder thus uses the agency's inflation figure to provide or justify a higher bid. For a state transportation agency to include a 15 percent annual inflation figure for roads could cut the number of projects in the STIP by over three quarters. This could happen as Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 8 Collier County, Florida - Impact Fcc Inflation Index Calculations ,A.genca item No. 'i OA !\iay 22, :'007 f)RJAFtof 42 follows. As an example, suppose that the agency has 10 projects which it plans that vary from a high of 5 1 million to a low of $1000. The most expensive projects are most critical to the agency. The agency has just over 53 million to spend for an 8 year STIP. It calculates its future obligations with a three-percent inf1ation rate as follows (Table 2): Table 2 - Projects in an Eight Year STlP in Order of Priority Projects Amount Projects Amount Innation Calc.(l) Inflation Calc.(2) Definitions O,K, ] S 1.00U.OOO (X) (, 5i90.()()O Interest at @: 3%, IntL'H.'st at ((I.;' 15'% Tcnns Qtrly. OK 2 $750.()()() (X) 7 S50,OOO S2,721.000 $2.721.000 Principal (X) ] $500.00U (X) R S~()J){)() (.OJ)(X:yrs)(Sclf Amort.) (.15)(Kyrs)(Self .Amort..) Intcrest/Tenn (X) 4 >200,000 (X) 9 S](J.()()(l + S350,OOO .,. Sl2.0()()JIOO Tntallntcrcst (X) 5 SIOO,OIlO (X) 10 S 1000 S3,071.()()O >4,721,000 Total Amount X indicates a callect/cd pmjeel due to including 100 high a rule nOIl(1arioll All projects start at the same time. For just ovcr 53 million, including a three percent inf1ation rate, the agcncy can build all tcn projects; at a 15 percent inflation rate it can only build two projects, By including the real rate of inf1ation, the agcncy actually cuts the number of proposed projects by 80% (assuming they arc prioritizcd in the saine order). If in addition to real inf1ation, bidders bid up thcir prices by an additional 15 percent, i.e" thc effcctive interest rate would be 30%, the bid amount would be 2,4 times the amount the agency has available to spend (about 57,25 million). There could be no projects, This type of situation is beginning to be seen in the State of Florida. Capital projects are cancelled because the incoming bid is a multiple of anticipated project costs, Due to the effects of the above, the Florida Department of Transportation recognizes that for 2005 and 2006 there have been annual increases of 10-15 percent in road costs but their projcctions can only acknowledge these enroule to hoping that these increases will retul11 to 7 percent for 2008 and to 4-5 percent for the years following 2008. This probably will not happen. The above statement on inflation has little to do with real cost increases and much more to do with kecping thc STIP whole, This cannot be the way future Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 9 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda item NO.1 0/\ May 22, 2007 l'JRJAFttof 42 inf1ation cost increases are calculated for impact fees. Otherwise, the fees that are charged will not be able to pay for future local/county construction costs. The FDOT Index will no longer be recommended as an inflation gauge for future road costs. Reflecting the Geography of the Region Very clearly an inf1ation index must reflect the geography of the area being projected for. In locations where wages are higher and development fonn is more urbanized, nonresidential building costs are higher because these structures are built to a higher level of sophistication and quality, and/or because the local pennitting process may require more extensive review than in lower wage locations or more rural communities. The above may even have more effect than materials pricing differences that certainly vary from one geographical area to another. One of the best ways of standardizing for geographic differences in the United States is to have a national index of increases in an item related to the change that one is looking for and indexing this to differenccs nationally versus locally in a component of costs - usually ratios of annual wage rate changes. Wages are important for two reasons. First they are a significant component of construction or material handling costs. Second, they are able to be tracked both over time and from location to location. One way to do this is to employ the Public Use Microdata Sample (PUMS) of the U.S. Census of Population and Housing from 1990 to 2000 and American Community Survey (ACS) from 2000 to 2005 to compare increases in construction industry wages for those who work in a region to increases in construction industry wages for those who work in the nation as a whole over the time period 1995 to 2000. Other types of wages (i.e., trucking, etc.) can also be compared in differing geographies. This ratio of change can be applied to a national building Tindalc-Oliver & Associates, Inc., and Center for Urban Policy Research 10 Collier County, Florida -Impact Fee Inflation Index Calculations ,.G,genJa Item No.1 OA May 22, 2007 lJR'AFTof 42 cost inflation index to obtain a more localized measure of building cost increases in the location whcre it is desired to be calculated, This procedure can also be used to take a statewide inflation pcrcentage to the local level or take an index for one place in a region to a more appropriate place. In all cases the procedure is made more accurate. Thcse ratios are calculated in Table 3 below. Table 3 - Multipliers to Convert National or Statewide Indices to South Florida (Ratio of wage increases for those who work in Collier and Palm Beach Counties to the StatelNation) Years of Comparison of Used for Types of Wages Ratio Comparison Geol(raphics 1995-2005 Nation to South Florida ENR Index Construction Industry 1.35 Turner Index 1995-2005 Nation to South Florida Public Furniture (PPl) Trucking Industry 1.72 2000-2005 Florida to South Florida FDOT Urban Road Construction Industry 1.15 Construction 2000-2005 Nation to South Florida IIighway and Street Construction Industry lAD Constlllction IBtS) 1995-2005 Miami to South Florida RSMeans Index Construction Industrv 1.90 1995-2005 Miami Fort Lauderdale to CPI Trucking Industry 2.32 South Florida Reflecting the Triggering Points of Inflation Clearly, there are some components of an index that drive up costs faster than other components of an index. The key is gelling to the right component to detCl111ine true cost increascs. For administrative building public cquipment cost increases one might use the Public Building Fumiture Index. Tbis is onc oftbe triggering forces of administrative public building equipment cost increases. Clcarly, tbcre are otber components of administrative public building equipment cost increases sucb as electronics or ot1ice machines, but business fumiture is certainly an index. An index exists in the national Producer Price Index to gauge annual cost increases of the fumiture found in public buildings. Tbese may also need to be localized to reflect circumstances in particular areas of the country. This could be done by viewing national Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research II Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item NO.1 OA May 22, 2007 l}RJAFifof 42 versus regional differences in trucking industry wages. As such, a national index of public building furniture increases and a procedure to make this index more locally sensitive should be used to calculate an inflation index for administrative public building equipment. In order to do the above, one must use a recognized national surrogate for public building equipment and employ this in tandem with regional to national wage variation (for trucking industry workers) to make this a locally acceptable index of inflation. VII. General Methods of Calculating Inflation Indexing or calculating inflation increases in impact fees is a relatively new phenomenon. Most methods usually do not have an adequately specific geography. Most procedures rely on available data bases and whatever level of geography these data bases pertain to. Most are national which do a disservice to high growth areas wherein construction laborers and construction materials are in high demand and both drive up construction prices. Most national data bases are used locally without a correction factor because the same infomlation (an inflation index) is not available at the local level. Indexing impact fees or calculating their rates of inflation further use simple averages of multiple years to obtain the next year's inflation rate. This procedure really does not capture what is going on in the change over time. What is clearly more on target is a procedure that uses multiple periods of change to create a change set of data points that can be extended into the future using linear regression. This provides a dynamic measure of change that can additionally generate information for several years in to the future. Further, inflation indices often pick-up data that are generated by a source that cannot for political or pure business reasons actually disclose the full rate of observed cost increases. An Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 12 Collier County, Florida - Impact Fee Inflation Index Calculations I\Cl8nca Item t-Jo. 10:'\ ~ May 22, 2007 fiRlAJ1Tof 42 example of this situation (i.e., transportation cost increases) is covered earlier in this report. One must be careful that the data on cost increases actually reflect true cost increases over time. If data do not reflect true cost increases they should not be employed regardless of how official they are or how easily they may be gathered. A good index of inflation should (1) be geographically specific, (2) be calculated in a way to best measure change, and (3) reflect the most accurate data on actual changes in the cost of the commodity being observed, VIII. The Rolling Average - Linear Regression Procedure When calculating inflation in indices one is constantly confronted by a dilemma of choice. In an eleven year run on statistics for a particular measure of inf1ation, which average do you use? Is it for all ten interval periods in which you are biased by history. or is it for the most recent period in which you are biased by more current trends? The answer is that you must use all of the information that is presented in the fOlm of a rolling average to create a series of data points (consisting of averages) that can then be extended into the future with linear regression, With eleven years of data, it is possible to create eight three year averages based on the 10 year-to-year percentage changes. The first three year average would use the percent change of year 1-2, year 2-3, and year 3-4. The second three year change would use the percent change of year 2-3. year 3-4. year 4-5, and so on. Thus 11 data points would give 10 change percentages which would yield 8 three-year rolling averages. These provide data averages which then can be subjected to linear regression and extended multiple years into the future. The benefit of this procedure is that the "change of the change" is incorporated into the inflation analysis. On top of this, the year-to- year change is "smoothed" by a linear regression. The continuous movement of the index over Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research ]3 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item NO.1 OA May 22. 2007 l)AAf'l'of 42 time is caught by this procedure and smoothed average is used for the next severa] years. Future extensions beyond the first year provide a basis for comparing a subsequent inflation calculation with a number that has been generated in the field for the following year. Current year bid sheets should regularly be compared to the past year impact fee times the new inflation number to provide a field tested estimate of the new impact fee. The rolling average-linear regression procedure appears to catch both history and current changes and uses both fairly to generate an inflation number for the most current period and also for two additional years into the future. The benefit of linear regression is that data from prior years are generating the current year value. The mode] is thus working; it is resulting in a figure very close to the past year values enroute to generating the current year. The rolling average-linear regression procedure will be used in calculations for the four basic components of the inflation determination: land, building, equipment and transportation costs. This procedure relies on sufficient data to generate enough points to fit a regression line. This is most often for three years. ]f sufficient data are not available, the interval of measurement is compressed (to two years) to again allow for a sufficient number of data points. ]f only four years of data exist, two-year rather than three-year averages serve to generate the data points as follows: ]-2,2-3,3-4. For each of the three-year and two-year average procedure, there is 75 to 80 percent of the number of original data points that can be used as averages to regress the data into the future. For impact fee purposes, the calculated indices will be revised annually to reflect the most current data. However, years 2008 and 2009 are included to provide guidance to Collier County in preparing its crr estimates. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research ]4 Collier County, Florida - Impact Fee Inflation Index Calculations J:..qenda item r-Jo. 1 GA ~ r\'~ay 22, 20(; 7 l)'R'AF'tof 42 IX. The Revised Measures A. Calculating the Inflation Index - Land Costs The land cost index involves local information and need not rely on national averages that have to be brought to the local level. The information is obtained from the Collier County Property Appraiser (Table 4). The index also has eleven years of infomlation which allows for the use of a three-year rolling average. Annual increases in land values measured by the total "Just Va]ue" ofland in the county range from a low of7.7% in ]996-1997 to a high of30.8% in 2005-2006. The rolling three-year average produces annual increases that vary from 1] .2% (1996-1999) to 2 J .3% 2003-2006. This allows a linear regression to be fit to eight data points to yield a 2007 rate of inflation of 21.2%. The annual rate ofland inflation for 2007 in Collier County is projected to be 21.2%. Values are also produced for inflation rates for 2008 and 2009. Table 4 - Land Cost Index 3 Year Fitted Year to Year Rolling Regression Year Land Valne oj" Chanoe Averaoe Results 1996 S21,751,280,540 N/A N/A N/A 1997 S23.436.330.545 7.70/0 N/A N/A 1998 S25,777,151,470 10.0% N/A N/A 1999 S29.830.939,079 15.7% 11.2% 13.1 ~Io 2000 $33,902.799,963 13.6% 13.1% 14.1% 200] $41,333,321,441 21.9% ]7.1% 15.1% 2002 $49,671.844,946 20.2~,'O 18.6% 16.1% 2003 $57,761,717,617 16.3% 19.5% 17.1% 2004 S64.236,986,518 11.2% 15.9% 18.1% 2005 S78.260,241,235 21.8% 16.4% 19.1% 2006 S I 02.357.800.980 30.8% 21.3% 70.2% 2007 I 21,2% 20081 22.2% 2009 23.2~1o (Source: CeJllicr Coumy Prupel1y Appraiser - 1996-2006) Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 15 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item NO.1 OA lv1ay 22, 2007 fJRJAFrtof 42 B. Calcnlating the Inflation Index - Building Costs The most involved calculations of inflation are for building costs, This is true because it is difficult to obtain a building cost index specifically applicable to the urbanized areas of the southern portion of Florida, Three indices of building costs can be employed at the national level: the Turner Building Cost Index (from the Turner Construction Company); the Engineering News-Record (ENR) Building Cost Index; and the RSMeans Building Cost Index, The first involves national averages with no local information; the second and third involve a 30-city national average with one of those indices using the City of Miami as a local average (RSMeans Building Cost Index). The first two national indices (Turner and ENR) are adjusted by the difference in construction industry wage rate changes for the nation versus a two-county South Florida urbanized area (Collier and Palm Beach Counties), The industry sector of construction is used to apply generally to building construction. Increases in annual wages for construction industry workers who are employed in Collier and Palm Beach Counties are compared to those workers who work in the construction industry nationally for the period 1995 to 2005. The ratio of annual wage increase for workers in these two Southern Florida counties is 1,35 times the national average. This infonnation is obtained from the U.S. Census Public Use Microdata Sample (PUMS) from 1990 to 2000 and from the American Community Survey (ACS), Public Use Microdata Sample (PUMS) from 2000 to 2005. A similar procedure is used for the RSMeans Building Cost Index to allow it to reflect wage change differentials in Collier/Palm Beach Counties as opposed to the City of Miami. Costs for construction nationally using the ENR construction increase and a simple annual average va.ries from a low of 0.8%, (1997-1998) to a high of 7.9% (2003-2004) (Table 5). Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 16 Collier County, Florida - Impact Fee Inflation Index Calculations ,!\oenda item ~~o. lOA ~ r\~ ')2 2"( 7 ,Jlay -'- , \.},j fiRJAFtof ~2 Costs for construction nationally using the ENR construction cost index (three-year average) vary annually from a low of 1.4% (2000-2003) to a high of 5.8% (2003-2006). This index, adjusted by wage rate changes reflecting the difference between South Florida and the nation (Adjusted Index - 1.35 multiplier of index change), and subjected to three year averages, vary from a low of 1.9% (2000-2003) to a high 01'7.3% (2003-2006). These eight numbers fit by a linear regression equation yield a 6.8% inflation rate in building eosts for 2007. Table 5 - ENR Building Cost Index Adjusted Year to 3 Year Actual Adjusted 3 Year Fitted ENR Year % Rolling Index Index Adjusted Rolling Regression Year Index Chauue Averaue Chanue Chanue Index Averaue Results 1996 3.203 N/A N/A N/A N/A 3.203 N/A N/A 1997 3,364 5.0% N/A 161 217 3,420 N/A N/A 1998 3,391 0.8% N/A 27 36 3,457 N/A N/A 1999 3,456 1.9% 2.6% 65 88 3,545 3.5% 1.5% 2000 3,539 2.4% 1.7fj~ 83 112 3,657 1.30/0 2.2% 200] 3,574 1.0% 1.8O/~ 35 47 3,704 ') '01 2.8% _.j /0 2002 3,623 1.4% 1.6~/o 49 66 3,770 2.1~'O 3.5% 2003 3,693 1.9% 1.4% 70 95 3,865 1.9% 4.2% 2004 3,984 7,9% 3.7~~ 291 393 4,257 4.8% 4.8% 2005 4,205 5.5~,'O 5.1%, 221 298 4,556 6,6% 5,5% 2006 4.369 3.9% 5.8~-o 164 221 4,777 7.3% 6.2% 2007 6.8~~ (Source: Engineering News-Record Building Cost Index -1996-2006) Costs for construction nationally using the Turner Construction Index and a simple annual average vary from a low 01'0.3% (2002-2003) to a high of 10.6% (2005 to 20(6) (Table 6). Costs for construction nationally using the Turner Construction Index (three-year average), vary from a low of 1.4% (2000-2003) to a high of 8,5% (2003-2006). Changes in this index, adjusted by construction industry wage rate changes reflecting the difference between South Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 17 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item NO.1 OA May 22, 2007 DRJAlNfof 42 F]orida and the nation from ]995 to 2005 (Adjusted Index ~ 1.35 multiplier of index change), and subjected to three-year averages, vary from a low of 1 ,8% (2000-2003) to a high of 10.6% (2003-2006). These eight numbers fit by a linear regression equation yield a 6.9% increase in building costs for 2007. Table 6 - Turner Building Cost Index Adjusted Year to 3 Year Actual Adjusted 3 Year Fitted Turner Year 'Yo Rolling Index Index Adjusted Rolling Regression Year Index Chanoe Averaoe Chanoe Chanoe Index Averaoe Results 1996 505 N/A N/A N/A N/A 505 N/A N/A ]997 525 4.0% N/A 20 27 532 N/A N/A 1998 549 4.6% N/A 24 32 564 N/A N/A 1999 570 3.8% 4.1% 21 28 593 5.5% 3.8% 2000 595 4.4% 4.3% 25 34 627 5.6% 4.2% 200] 613 3.0% 3.7% ]8 24 65] 4.9% 4.6% 2002 6]9 1.0% 2.8% 6 8 659 3.6% 5.0% 2003 621 0.3% 1.4% 2 3 662 1.8% 5.3% 2004 655 5.5% 2.30;0 34 46 708 2.9% 5.7% 2005 717 9.5% 5.1% 62 84 79] 6.4% 6.1% 2006 793 ]0.6% 8.5% 76 ]03 894 ]0.6% 6.5% 2007 6.9% (Source: Tumer Construction Company Building Cost Index - 1996-2006) Costs for construction using one of the 30 cities of the RSMeans national30-city average (Miami) yields cost increases (simple annual average) that vary from a low of 0.8% (1997-] 998) to a high of9.9% (2004-2005) (Table 7). Costs for this same index yields increases (three year average) that vary Ii'om a low of 1.2% annually (1997-2000) to a high of7.4% (2003-2006). These eight numbers fit by a linear regression equation yield a 6.9% increase in building costs for 2007. Changes in this index, adjusted by construction industry wage rate changes reflecting the difference between Collier and Palm Beach Counties and the City of Miami from] 995 to Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 18 Collier County, Florida - Impact Fee Inflation Index Calculations .~genda Item NO.1 O.A May 22. 2007 lJRJAF,!,of 42 2005 (Adjusted Index - ] .90 multiplier ofIndex Change), and subjected to three-year averages, vary from a low of 2.2% (1997-2000) to a high of 12.0% (2003-2006). These eight numbers fit by a linear regression equation yield an 11.4% increase in building costs for 2007. Table 7 - RSMcans Adjusted Year to 3 Year Actual Adjusted 3 Year Fitted RSMcans Year 0/0 Rolling Index Index Adjusted Rolling Regression Year Index Chan e Averaoe Chan(Je Chan(Je Index Avcra(Je Results ]996 95.9 N/A N/A N/A N/A 95.9 N/A N/A ]997 98.2 2.4% N/A 2.3 4.4 100.3 N/A N/A 1998 99.0 0.8%) N/A 0.8 1.5 ] 01.8 N/A N/A ]999 100.8 1.8% 1.7% 1.8 3.4 ]05.2 3.1% 1.1% 2000 ] 01.8 1.0% ].2% 1.0 1.9 107.] 2.2% 2.4% 200] ]04.6 2.8% 1.9% 2.8 5.3 112.4 3.4% 3.7% 2002 107.4 2.7% 2.1%) 2.8 5.3 117.8 3.8~~ 5.0% 2003 ] 10.5 2.9~,~ 2.8% 3.1 5.9 123.6 4.9% 6.3~~ 2004 ] ]5.6 4.6% 3.4~/~ 5.] 9.7 ]33.3 5.9% 7.6% 2005 127.1 9.9% 5.8% 11.5 21.9 155.2 9.7% 8.8% 2006 136.7 7.6% 7.4O,~ 9.6 ] 8.7 173.4 12.0% 10.1% 2007 1].4% (Source: RSMcans - 1996-2006) Combining the results of the three linear regressions yield an annual 8.4% increase in building costs in South Florida for the year 2007 (Table 8). Figures are also provided for the years 2008 and 2009. Tindale-Olivcr & Associates, Inc., and Center for Urban Policy Research 19 Collier County, Florida - Impact Fee Inflation Index Calculations Aaenda Item NO.1 OA - May 22, 2007 bRJAFtof ~ 2 Table 8 - Average of Three Building Cost Indices Turner Index 5.5% 5.6% 4.9% 3.6% 1.8% 2.9% 6.4% 10.6% ENR Index 3.5% 2.3% 2.3% 2.1% 1.9% 4.8% 6.6% 7.3% Year 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 (Source: Rutgers University CUPR calculations, 2007) RSMeans Index 3.1% 2.2% 3.4% 3.8% 4.9% 5.9% 9.7% 12.0% Average of Indices 4.0% 3.4% 3.5% 3.2% 2.9% 4.5% 7.6% 10.0% Fitted Regression Results 2.2% 2.9% 3.7% 4.5% 5.3% 6.0% 6.8% 7.6% 8.4% 9.1% 9.9% C. Calculating the Inflation Index - Building Equipment Costs The administrative public building equipment cost inf1ation index is probably the most difficult calculation. This is due to the nature of office equipment. Office equipment involves durables consisting of electronic equipment, furniture, appliances, and shelving/filing equipment. Equipment may be produced anywhere and shipped anywhere. It is very difficult to obtain local measures of cost increases. A Producer Price Index exists nationally for Public Building Furniture but it is very difficult to take this down to a local area. A Consumer Price Index exists for the local area but it includes extraneous expenditures on housing, food, clothing and entertainment. The best way to handle the above is to use a combination of the above two indices. There is a national Producer Price Index for Public Building Furniture. There is also infonnation on changes in trucking industry wages for those who work in a particular area of the State of Florida (Collier and Palm Beach Counties) versus changes in trucking industry wages for those who Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 20 Collier County, Florida - Impaet Fee Inflation Index Calculations Agenda Item No.1 OA f",'lay 22, 2007 lJ.R!AFTof 42 work nationally. These are for workers who work in these counties as opposed to those who work in other national locations. Trucking wage differentials are important because there is an essentially similar national market for building equipment and the delivered price differs largely due to variation in regional trucking wage ratios. The ratio of the change in trucking industry wages for those who work in South Florida (Collier and Palm Beach Counties) to those who work in the United States as a whole is] .72. Using a simple average. the Puhlic Building Fumiture Index increases from a low of -0.3% (2001 -2002) to a high of 4.2% (2004-2005) (Table 9). The three-year rolling average increases vary from a low of 0.0% (2000-2003) to a high of 3.7% (2003-2006). Changes in these numbers, adjusted for the wage increase difference in the above South Florida counties versus the nation from 1995 to 2005 (Adjusted Index), and subjected to three-year averages, vary from a low of 0.0% (2000-2003) to a high of 6.1 % (2003-2006). These eight numbers fit by a linear regression equation yield a 2007 inflation increase in Public Building Fumiture in the South Florida counties of 4.4%. Tindale-Oliver & Associates, Ine., and Center for Urban Policy Researeh 21 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda It"m NO.1 OA May 22, 2007 fliRJAF~of 42 Table 9 - Public Building Furniture Adjusted Producer Year to 3 Year Actual Adjusted 3 Year Fitted Price Year % Rolling Index Index Adjusted Rolling Regression Year Index ChanGe AveraGe ChanGe ChanGe Index Averaoe Results 1996 138.9 N/A N/A N/A N/A 138.9 N/A N/A ]997 141.4 ].8% N/A 3 4 143.2 N/A N/A 1998 141.6 0.1% N/A 0 0 143.5 N/A N/A 1999 142.6 0.7% 0.9% 1 2 ]45.3 ].5% 0.0% 2000 ]43.9 0.9% 0.6% ] 2 ]47.5 1.0% 0.5% 2001 144.3 0.3% 0.6% 0 1 148.2 1.1% 1.]% 2002 143.9 -0.3% 0.3% 0 -1 147.5 0.5% 1.6% 2003 J43.8 -0.1% 0.0% 0 0 J47.3 0.0% 2.2% 2004 147.9 2.9% 0.8% 4 7 154.4 1.4% 2.8% 2005 154.1 4.2% 2.3% 6 11 165.0 3.9% 3.3% 2006 ]60.4 4.1% 3.7% 6 ]] 175.9 6.1% 3.9% 2007 4.4% (Source: Producer Price Index - 1996-2006) The second index to be used is the Consumer Price Index (CPI) for Miami-Fort Lauderdale, Florida. The AlIllems CPI is used. This index shows simple average annual changes which vary from a low of 1.2% (] 998-1999) to a high of 4.9% (2005-2006) (Table 10). This index also shows three-year average increases which vary from a low of 1.9% (1996- 1 999; 1997-2000) to a high of 4.1 % (2003-2006). Changes in this index, adjusted by trucking industry wage rate differentials reflecting the difference between Collier and Palm Beach Counties and the Miami-Fort Lauderdale area from 1995 to 2005 (Adjusted Index - 2.32 multiplier of index change), and subjected to three-year averages, vary from a low of 4.2% (1996-1999) to a high of 7.7% (2003-2006). These eight data points, each representing a three-year average, are fit by a linear regression equation. This yields a 7.3% inflation rate in the Consumer Price Index for 2007 in Miami-Fort Lauderdale. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 22 Collier County, Florida - Impact Fee Inflation Index Calculations !\g~~;I:Ja item NO.1 G.A. May 22, 2007 lJRJAF'i'of 42 Table JO -CPI - All Items Adjusted Year to 3 Year Actual Adjusted 3 Year Fitted CPI Year % Rolling Index Index Adjusted Rolling Regression Year Index Chanoe Avcraoe Chanoe Chanoe CPI Index A vera e Results 1996 153.7 N/A N/A N/A N/A 153.7 N/A N/A 1997 158.4 3.1% N/A 4.7 10.9 164.6 N/A N/A 1998 160.5 1.3~'O N/A 2.1 4.9 169.5 N/A N/A 1999 162.4 1.2% 1.9% 1.9 4.4 173.9 4.2% 4.0% 2000 167.8 "I "IOj, 1.9% 5.4 12.5 1 86.4 4.3% 4.4% -'.j ,0 2001 173.0 3.1% 2.5~/o 5.2 12.1 198.5 5.4% 4.8% 2002 175.5 1.4% 2.6%, 2.5 5.8 204.3 5.5% 5.2% 2003 180.6 2.9% 2.5{Yo 5.1 11.8 216.1 5.1% 5.7% 2004 185.6 2.8% 2.4% 5.0 11.6 227.7 4.7% 6.1% 2005 194.3 4.7% 3.5% 8.7 20.2 247.9 6.7% 6.5% 2006 203.9 4.9% 4.1~'O 9.6 22.3 770.2 7.7% 6.9% 2007 7.30/0 (Source: Consumer Price Index - 1996-2(00) Combining the two linear regression results for the above two indices yields an annual tigW'e for inflation in administrative public building equipment in South Florida of 5.9% in 2007 (4.4% and 7.3%"" 2) (Table II). Additional figures are produced for 2008 and 2009. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 23 Collier County, Florida - Impact Fee Inflation Index Calculations Aoenda Item NO.1 OA - May 22, 2007 bRlAFtof 42 Table 11- Ayerage of Two Building Equipment Indices Year Public Furniture Index CPI Index 4.2% 4.3% 5.4% 5.5% 5.1% 4.7% 6.7% 7.7% 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 (Source: Rutgers University CUPR calculations, 2007) 1.5% 1.0% 1.1% 0.5% 0.0% 1.4% 3.9% 6.1% Average of Indices 2.9% 2.6% 3.2% 3.0% 2.5% 3.0% 5.3% 6.9% Fitted Regression Results 2.0% 2.5% 3.0% 3.4% 3.9% 4.4% 4.9% 5.4% 5.9% 6.3% 6.8% D. Calculating tbe Inflation Index - Transportation Costs (Roads) The transportation inflation index is based upon FlOlida Depmiment of Transportation reports of actual cost increases for a centerline mile of urban roads from 2000 to 2006. Urban roads are used because Collier County has not constructed anything else since 2000. The simple average of road cost increases varies from a low of 5.4% (2003-2004) to a high of 53.0% (2004- 2005) (Table 12). Rolling averages are used in this calculation and since there are only seven original data points, a two-year rolling average is employed which yields five new data points. When this procedure is calculated using a two-year rolling average, it generates incrcases that vaJ'y from a low of 5.6% (2003-2005) to a high of 43.8% (2004-2006). The above figures are statewide avcrages for road inflation costs. Changes in these indices must be adjusted by the 2000 to 2005 increase in construction industry wage differences from those who work in the state as a whole to those who work in developed urban counties of Collier and Palm Beach. This amounts to a 1.15 times the increase in this area versus the state as Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 24 Collier County, Florida - Impact Fee Inflation Index Calculations Aasnda Item r-Jo. 10.A. ~ May 22,2007 D-RIAF'tof t,2 a whole. This procedure alters the index changes by this amount. These changes, subjected to two-year rolling averages, vary from a low of 6.3% (2002-2004) to a high of 47.9% (2004-2006). After being fit by a linear regression equation on the new data, a 2007 inflation rate of 50.7% is produced. Table 12 - FDOT Urban Construction Cost Increases Adjusted FDOT Year to 2 Year Actual Adjusted 2 Year Fitted LRE Year % Rolling Cost Cost Adjusted Rolling Regression Year Costs Chanoe A veraoe Chanoe Chanoe Costs Averaoe Results 2000 S U 38,288 N/A N/A N/A NIA $1,138,288 N/A N/A 2001 51.248,607 9.7%, N/A 1 J 0,319 126.866 5 I ,265.154 N/A N/A 2002 5 I ,358,925 8.8% 9.3~/o 110,319 126,866 5 I ,392,021 10.6% 1.30/0 2003 51,437,025 5 iO/ 7.3% 78.1 00 89.815 5 I ,481 ,836 8.2% 11.2% . I /0 2004 51.515,125 5 .4 (~o 5.6'Yo 78.100 89.815 51,571,651 6.3% 21.1% 2005 $2,318,054 53.0% 29.2% 802,929 923.368 $2,495,019 32.4~1o 30.9% 2006 $3.120.983 34.6(~,'D 43.8~,'O 802.929 923,368 $3,418,387 47.9% 40.8% 2007 50.7% (Source: florida Department of Transportation, Long Range Estimates (LRE) Model. 2006) Another method for viewing road cost increases is the use of the Producer Price Index for Highway and Street Construction for the period 2000 to 2006. This index shows simple average annual changes which vary from a low of -2.1 % (2001-2002) to a high of 12.6% (2004-2005) (Table 13). This index also shows two year average increases which vary from a low of 0.1 % (2001-2003) to a high of 11.7% (2004-2006). Changes in these two data points are adjusted for the difference in changes in wage rates (2000-2005) between those who work in the construction industry in South Florida (Collier and Palm Beach Counties) and those who work in the construction sector in the nation as a whole. This multiplier is 1.40. These changes, subjected to two-year rolling averages, vary from a low of 0.1 % (2001-2003) to a high of ] 5.2% (2004-2006). Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 25 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item r,o. 10A May 22. 2007 ~Ftof 62 These points are then fit by a linear regression equation yielding a 19.0% change in inflation in highway and street construction for 2007. Table 13 - Highway and Street Construction Index Adjusted Highwayl Year to 2 Year Actual Adjusted 2 Year Fitted Street Year % Rolling Index Index Adjusted Rolling Regression Year Index Chanoe Averaoe Chanoe Chan e Index A vera e Results 2000 126.6 N/A N/A N/A N/A 126.6 N/A N/A 2001 136.5 7.8% N/A 10 14 140.5 N/A N/A 2002 133.7 -2.1% 2.9% -3 -4 136.5 4.1% 0.9% 2003 136.6 2.2% 0.1% 3 4 140.6 0.1% 4.5% 2004 148.2 8.5% 5.3% 12 16 156.8 7.3% 8.1% 2005 166.8 12.6% 10.5% 19 26 182.9 14.1% 11.8% 2006 184.8 10.8% 11.7% 18 25 208.1 15.2% 15.4% 2007 19.0% (Source: Producer Price Index - 2000-2006) Combining the two linear regression results to the above two indices yields an annual figure for inflation in transportation costs (roads) in South Florida (2007) of 32.0% (Table 14). Additional figures are produced for 2008 and 2009. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 26 Collier County, Florida - Impact Fee Inflation Index Calculations A:;enda Item [\10. 10A , May 22, 20r)7 J')R!AFtof 42 Table] 4 - Average of FOOT and BLS Highway and Street Construction Indices Year FOOT Costs Highway/ Street Construction Index 4,1% 0,1% Average of Indices 7.3% 4.2(~<<> 6.8% 23.2% 31.5% 2002 2003 2004 2005 1006 2007 2008 2009 (Source: Rutgers University CUPR calculations, 2(07) 10.6% 8.2~,~ 6.30/0 32.40/0 7.3~'O 14.1% 15.2% 47.9% Fitted Regression Results NlA 2.2% 9.7% 17.1% 24.6% 32.0% 39.5% 46.9<jo It should be noted that Tindale-Oliver & Associates, Inc. is in the process of updating the County's transp0l1ation impact fee. The study's findings also confirm the cost increase of 32 percent between 2006 and 2007. X. Conclusions/Implications Table 15 - Summary of Inflation Increases for 2007 Land Costs Building Costs Building Equipment Transportation Costs Costs 1007 11.2% 8.4'Yo 5.9% 32.0% (Source: Rutgers Uni"'::'fsity CUPR calculations. 2007) What do the previous calculations indicate about changes in the cost of capital goods over time (Table 15)? One indication is that the actual year-to-year change is certainly more than it has been estimated to be in the past. This is true for two reasons. First. multiple year rolling averages jj( by a linear regression should replace simple annual changes. Second, national and statewide index changes should be taken down to the local level. Often, measuring the change- Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 27 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item NO.1 0,1\ May 22, 2007 5RJA.Ftof 42 in-the-change is necessary to generate the most accurate inflation factor for the next year. Further, local situations, i.e., high growth and natural hazards provide increased competition for building materials and construction wages in South Florida versus elsewhere. At least wages must be taken into account in the inflation calculation. A second indicator is that the inflation calculation is more complicated than it has been in the past because other data sources (the rUMS from the Census and the ACS) must be used to adjust national averages to the situation in South Florida. This requires an extensive amount of srss programming to read the volume ofrecords of these new data sources. A third indicator is that data must be observed, not "constrained." Transportation road construction cost increases must be realistically reported to allow county and local governments to adjust their impact fees to reflect actual future costs. Observed road cost increases are multiple times the level being reported by the Florida Department of Transportation (FOOT) for its five-year projections. Measured cost increases should be used tempered by national cost increases. Both should be adjusted for South Florida wage conditions. A fourth indicator is that while there may be some slowing in residential construction affecting material prices (lumber), other materials are used in public building construction (steel and cement) that may not be slowing in price. FUliher, there is no indication that there is any slowdown in construction wages. Thus public building construction costs are increasing despite potential residential slowdowns. Finally, a fifth indicator is that land prices continue to escalate in South Florida and elsewhere in Florida. The continued demand for residential and nonresidential space in a fast growing state market, and even faster growing national and international markets, means that Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 28 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda item r'>lo. 10A rV:ay 22, 2007 DRAF'fof 42 Florida land will continue to escalate in price. Again this has little to do with cyclical changes in the national residential market. Overall, prices are increasing faster than has been anticipated in the past in land, building costs, equipment, and transportation. This should play heavily in the calculation of impact fees. However, it is also recommended that when the calculated combined index for a specific impact fee program area exceeds 15 percent, the County should verify the cost increase through an analysis of bid data, land purchases, and other available data. This will further ensure that the new development will not be overcharged. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 29 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item No. lOA May 22, 2007 flRJAF,!,of 42 XI. References 2005 Fire/Rescue Services Impact Fee Update Study. 2005. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. http://www.collicmov.net/index.aspx ?paue= I 7f2 Building Cost Index. 2006. The Engineering News-Record (ENR), McGraw Hill Construction. California Mitigation Fee Act. Uploaded in 2005. Accessed from Duncan Associates, State Impact Fee Enabling Acts. Web Access. http://www.impactfees.com/ Code of Laws and Ordinances. 2006. Collier County, Florida. Web Access. http://www.municode.com/resources/ gatewav.asp7pid= ] 0578&sid=9 Code of Miami-Dade County, Florida. Updated 2006. Web Access. http://www.municode.com/resources/gatewav.asp7pid= I 0620&sid=9 Code of Ordinances County of Hendry, Florida. Updated 2006. Web Access. http://www.municode.com/resources/uatcwav.asP?Did~ I 0908&sid~9 Code of Ordinances of Charlotte County, Florida. Updated 2006. Web Access. http://www.municode.com/resources/ gateway .asp7Did= I OS 76&sid=9 Code of Ordinances of Manatee County, Florida. Updated 2006. Web Access. http://www.municode.com/resources/uatewav .asp')pid= I 047 8&sid=9 Consumer Price Index (CPI). 2005 & 2006. U.S. Department of Labor, Bureau of Labor Statistics. Web Access. http://www.bls.gov/cpi/ Correctional Impact Fee Study. 2005. Duncan Associates with Dr. James C. Nicholas. Collier County Florida Impact Fee Administration. Web Access. http://www.collieruov.net/index.asDx 7Dage= I 776 Emergency Medical Services Impact Fee Study Update. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. http://www.colliergov.net/index.aspx 7page= 1 776 Florida Department of Transportation (FDOT). 2006. Construction Cost Inflation Factors. Web Access. httD:/ /www.dot.state.tl.us/planning/Do! icy /costs/intlation. pdf General Government Building Impact Fee Update Study. 2006. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. httD://WWw.collieruov.net/indcx.aspx 7page= 1 77 6 Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 30 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item r~o. 10A May 22. 2007 DR!AFTof 42 Impact Fees for New Development, Nevada. Uploaded 2005. Acccssed from Duncan Associates, State Impact Fee Enabling Acts. Web Access. http://www.impactfees.eom/ Just Land Values. 2006. Collier County Appraiser. Personal Communication Land Development Code County of Lee. Florida. Updated 2006. Web Access. http://www.municode.com/resourees/ uatewav .asp?pid~ J 2625&sid~9 Law Enforcement Impact Fee Study Cost And Credit Update. 2006. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. htill./ /www.colliemov.net/index .aspx "paue= 1 726 Library Facilities And Items/Equipment Impact Fee Update. 2006. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. http://www.collier~ov.nct/index.aspx?paue= I 726 Park 1mpact Fee Update. 2006. Duncan Associates With Dr. .lames C. Nicholas. Collier County Florida Impact Fee Administration. Web Access. htlp:/ /www.collieruov.net/index.aspx 0pagc= 1 726 Place of Work SOli: Annual Wages of Construction Workers (Industry or Occupation) Bureau of Census. Washington D.C. Produccr Price Index (PPI) for Public Building Furniture. 2006. U.S. DepaJiment of Labor, Bureau of Labor Statistics. Web Access. htlP:/iwww.bls.uov/ppi/ RSMeans Company, Inc. 2007. Square Foot Costs. Kingston, MA. School Impact Fee Update. 2005. Tindale-Oliver Associates, Inc. Collier County Florida Impact Fee Administration. Web Access. http://www.collieruov.net/index.aspx.Jpage=I726 The Florida Impact Fee Act. 2006. SB 1996 s. I s. 163.3180 I. Web Access. h tlp: / iwww.mvfloridahouse.goviScctions/Documents/!oaddoe.asp x '! F i I eN a 111 e~ s I I 96e2.ht111I&D0cumentTvpe=Bill&BillNu111bcr= I L?..0&~cssion=2006 Transportation Impact Fee Update Study. 2006. Tindale-Oliver Associates. Inc. Collier County Florida Impact Fee Administration. Wcb Access. http://www.colliergov.net/index.aspx ')page~ I 72 6 U.S. Census Bureau, 1990 Census of Population and Housing, Public Use Microdata Sample, United States: 1993. U.S. Census Bureau, 2000 Census 0fPopulation and Housing, Public Use Microdata Sample, United States: 2003. Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 31 Collier County, Florida - Impact Fee Inflation Index Calculations Agenda Item No. 10A l,1ay 22, 2007 Dlli\fl'of 42 U.S. Department of Commerce American Community Survey. 2005. Public Use Microdata Sample (PUMS). Web Access. hUp://factfinder.census.gov/home/en/acs pums ?005.html U.S. Department of Commerce. U.S. Census of Populations and Housing. 1990 and 2000 Public use Microdata Sample (PUMS) Place of Work sort. Bureau of Census. Annual Wages of Construction Workers (Industry or Occupation). Washington D.C. Water And Wastewater Impact Fee Study. 2006. Public Resources Management Group, Inc. Collier County Florida Impact Fee Administration. Web Access. hUn:/ /www.col1iergov.netlindex.as)lx?page=1 726 Tindale-Oliver & Associates, Inc., and Center for Urban Policy Research 32 Agenda Item NO.1 OB lviay 22, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommendation that thc Collier County Board of County Commissioners (BCC) approve a budget amendment totaling $250,000 from FY07 Fund 186 Reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. (Companion item to Community Redevelopment Agency approval of expenditure under 14A to be considered following action on 14A) OBJECTIVE: Recommendation that the Collier County Board of County Commissioners, contingent upon CRA approval, authorize a budget amendment totaling $250,000 from FY07 Fund 186 Reserves to assist with the establishment of a Florida State University (FSU) School of Medicine rural health training center in Immokalee. -- CONSIDERATIONS: On June 16, 2004, the Immokalee Local Redevelopment Advisory Board met to recommend that the Community Redevelopment Agency (CRA) utilize Tax Increment Financing funds to assist with the establishment of an FSU School of Medicine rural health training center in Immokalee. The purpose of the facility is to train nurses, social workers and other healthcare professionals who will, in turn, provide medical services to the Immokalee community. In 2004, the total cost for this project was estimated to be between $ I .3-1.5 million, however, the estimated cost has since increased. Most of the funding will be borne by the university and private donors. On June 22, 2004, the CRA gave "conceptual" approval for this expenditure, but requested that an itemized list of speeific costs be submitted for consideration before final approval of a dollar amount, not to exceed $250,000, could be made. To satisfy the CRA Board's request, Mr.Richard Akin, CEO of Collier Health Services, Inc. (a partner with FSU's School of Medicine), submitted a budget outlining the project's start-up costs. The budget is attached to this executive summary as Exhibit A. At the June 22, 2004 meeting, the CRA also requested that the County Attorney's office review the proposed expenditures to ensure consistency with the County's Redevelopment Plan and Chapter 163, Florida Statutes. The itemized budget and legal review requested on June 22, 2004, was brought back to the CRA on November 16,2004, where the CRA approved the expenditure of $250,000 in FY05 Budget Tax Increment Financing (TlF) funds. However, other necessary funding !()r the FSU Medical Facility was not realized and this expenditure was deferred to FY06 with budgeted dollars placed back into Reserve until the timing of this project was clearly defined. On January 18, 2006, the Immokalee Redevelopment Advisory Board again recommended approval of the expenditure of $250,000 from FY 06 Fund 186 Reserves to support this project. On February 14, 2006, the CRA and the BCC each approved the expenditure of $250,000 in tax increment funds from the FY06 Fund 186 Reserves, as set forth in Exhibit A. This project did not proceed in FY06 and no funds were specifically eam1arked for this project in FY07 due to the continued uncertainty of the project. -- After lengthy negotiations between FSU and NCH Healthcare System, Inc. a Florida non- profit corporation (NCH), on or about April 3, 2007, a warranty deed was executed between Commw1ity Health Care, Inc. (CHC), a not. for-profit corporation fonned by A;]enda Item No.1 US May 22. 2C107 2 of 15 NCH, and the Florida State University Board of Trustees, which transferred title to the property from FSU to CHC (see attached Gift Agreement between NCH and FSU and the warranty deed). Funding in the amount of $ ] ,200,000 is included in line 260, page 55 of the FSU Medical Center budget along with other capital expenditures set aside for the entire FSU Medical Center system. A one-time appropriation of $967,000 was made available for operations in the current fiscal year. Future operations of the center will be subject to annual appropriations which arc not guaranteed at this time, and it should be pointed out that there is a risk that the Immokalee FSU center will not be funded in future years. There is never a guarantee that recurrent funding will be approved by the State Legislature. Therefore, the BCC runs the risk of approving a medical center that potentially could close within one year due to a lack of operating revenue. Jt is also possible that the FSU Medical School could reallocate funding for this Medical School from the general appropriation if cost overruns occur somewhere else in the FSU Medical School budget. On April 18, 2007, the Immokalee Redevelopment Advisory Board again recommended approval of the expenditure of $250,000 from FY07 Fund 186 Reserves to support this project as outlined in Exhibit A. FISCAL IMPACT: CRA redevelopment efforts are funded primarily through Tax Increment Financing (TIF) revenue. In practice, revenue for this CRA is generated from a rate applied against the captured assessed value increment. This assessed value increment is the difference between the base assessed valuation within the Redevelopment Area, established in 1999, and the new higher assessed valuation. Jt is anticipated that the assessed value increment will increase each year during the Redevelopment District's life providing for moderate tax revenue increases used to finance redevelopment initiatives. The funds being requested from the BCC are for initial costs associated with the appraisal and general cleaning and repair of an unused 32,000 square-foot building in Immokalee now owned by FSU provided it remains a medical training facility and allows NCH to operate a rehabilitation/physical therapy clinic out of one of its offices free-of-charge. CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: The establishment of a rural health training center will further the implementation of the County's Redevelopment Plan. Accordingly Section 4.4 of the Plan (Community Objectives), economic development is emphasized in the area in order to "expand research opportunities in health care industry; nurture entrepreneurial business development and retention; and increase small-business startups and expansions." GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, and may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. LEGAL CONSIDERATIONS: As previously mentioned, the itemized budget and legal review were brought back to the CRA on November 16,2004, following the County 2 Agenda Item NO.1 OB May 22, 2007 Page 3 of 15 Attomey's office finding tbat tbe expenditures are consistent witb both tbe Redevelopment Plan and Cbapter 163, Florida Statutes; therefore it is legally sufficient for Board consideration and approval. ADVISORY BOARD RECOMMENDATION: As stated above, tbe Immokalee Local Redevelopment Advisory Board bas recommended and endorsed tbis project to tbe CRA, for the use of $250,000 of Fund 186 Reserves, contingent upon NCH and FSU agreements, on June 16, 2004, January 18,2006, and April 18, 2007. Tbe agreement has been finalized and tbe property sale is completed per tbe attached copies of the agreement and tbe warranty deed. STAFF RECOMMENDATION: That the Collier County Board of County Commissioners, contingent upon approval by tbe CRA, approve a budget amendment to approve tbe expenditure of not more than $250,000 in Tax Increment Funds from the FY 07 Fund 186 Reserves, as set fortb in Exhibit A, to assist witb tbe establisbment of a FSU School of Medicine rural bealth training center in lmmokalee upon receipt and acceptance of evidence of paid bills for uses limited to tbose sbown in Exhibit A. Prepared by: Thomas Greenwood, Principal Planner, Comprehensive Planning Department 3 Item Number: Item Summary: Meeting Date: Page 1 of 1 t',gend,'j Item No. 108 22_ ::D07 40115 COLLIER COUNTY BOARD or COUNTY CDMMie,SIONERS 'rif; . ~'I' ItW7\ TQ tk h.o.Jrd 81 4 "n p m Fi'lcomlTlendat!Dr. Un! tne C"lller C(1Lmty E'loarj 0: Coullty ~. ()1ll11'ISSI~"wrs '8C::: '-lpp~'ViO '" Ul.(lqel O'r;end''-Hjn~ tOtillil",g $~50 OJD from FY07 rund : 56 resC'rVi"f, to <l~,'IS' '.','Ith !tH" eotC:~:Jils::rnoI1\ nf H ;"!rjr'Ja Sldte :)'l'Ver3.1y S:,I'';Ooi 01 PJle::JI~:rle rur,11 tle81:h ~'a~n:'1g ce'1tH 11'I IrnnlDkulee (CoC'lp,mlon :terTI 10 Comllll.H1ity Pcdeveloprnellt ;'.U0r:cy i-Ir;pru."a: rj! O')THI-::!:iure Linder '14.:" 10 be cor ~'cen-)d i'olltl\\':f1,1 ,,~tiC)n ClI"; 14;\: .!Osc',ph K. ~,.:;r!ITlilt. AGmir>l5tratm C:0'11ml.l'"ty D""!F.'loprnen\ and E'nvT'.:mnenl:'l' SerVice, Di'vl:':I0IlJ 5.'2:;/:':;07 9 ~\C'()G/..rvi Prin(.lpalPlanllcr [lilte Prepared By T110ma~ Greenwo"d Communitv Development & EnvironmentalServicUfi ::::omr~lleflSlvePlamllng 51U.'~007 g,(J4:4RAM Date Allproved B}' Marlenu ~,\eVllIrl ~xUGutivc Secretary StUC0075:00PM Allprond By Commun'IY DevelOpmenT. & Commul1Ity Developmurlt & ftwironmentillS,crvices "nviro'lnlC'ntnIService>>Admin. JUdyPLlig Community DevI1lnpm"nt &. EnvironmenlalServices OreralionsAnalyst [);lle Community Development & EnVlronmQntaiServicesAdmm. 5/10120078:15AM D~te Apprnvl"d By R~nd",1I J. Cohen Community Development & Environmental S~rvices C01llmumlyPIJnningilnd nl'clevelorment Manager Compr"ho;,n,iv",PI"Uln;llg SI10:200711:52AM Mike 80S', AICP PrincipciPIJnner Pule ApprnVl"d By Commw-,itv Development & tr1vlfol1lnrmtJIS{.rvic<,s :()nillg& Lam! De'!eloprllent Review !;-'10/200, 12:18PM Date Appruvl"d By Milrjorie M. Stuck-n: Stirling r,s~jst'!nt CDunty i\HDnwy 5/10:200,12:24 PM Apllrnvl"d By County AltClrney County r-.ltompy Office JosephK_Scllmitt Community Devclorll,ell: & Env'ronmcn1aIS""Jices ConlmullLty D"vciopment& C::nvlronl11entcl Senril'e>> f~drnin&trator Date C<',nfllu",ty Developmo;,n\& En\iirollrnenl"iScrY'Ce5Admin 5/1\12007841 AM or,:f" COUtllnal0r A'-HTOInlS\r'aliv() A<.tii5t~nt Dale ApproH'd By Cnurlly f;'"oager'~ Olfiee Olliec 01 Ma"Jgunwn: 8. 6uti~"'t 5111;20~71(U5AM ApprOH.'d By Mark lsackson County M"I1"ger't,Office !:)"clget/'''ulyst Dilte Ol'ic~ of Mllrl"g,'mcnt & Budget 5.'11.'2G0710.55AM Sou n\~ t.~ iln dger [J"te Approwd B~' Ja"W5V. Mudd Board olCounly Com,nissio"ICrs CCiunt~ Mafldger's Office 51111200711;21 AM Agenda Item hlo. 108 May 22. 2007 EXH.lBrr ~ge 5 of 15 Community Redevelopment Agency FSU Project, Immokalee FL Appraisal $ 15,000.00 Building Inspection $ 5,250.00 Paint & Cosmetic Repairs to Exterior $ 72,512.00 Paint & Repairs to Interior $ 32,302.00 Phese I Environmental Study $ 2,200.00 Miscellaneous costs: leaking windows, soap dispensers, towel dispensers, cabinet repairs, ceiling tiles, removal of temporary wall, replacement of doors $ 32,586.00 Locksmith $ 1,560.00 Electrical $ 11,700.00 Cabinet Repairs $ 6,500.00 Plumbing Repairs $ 4,080.00 Flooring Replacement & Repair $ 5,511.00 Blohazardous Material Removal & Cleaning (mold) $ 8,900.00 Landscaping $ 14,805.00 Equipment & Furnishings $ 37,094.00 TOTAL $ 250,000.00 , , <.;..'} This instrument prepared by: Stephen C. Pierce, Esq. Goodlette., Col~man & Johnson, P_.\. 4001 Tamiami Trail North, Suite #300 Nap]~, Florida 341 03 (239)435-3535 4009934 OR~en42aDn EG:10284 7 P1CORDED in OFFICIAL RECORDS Ofa~~~Ocol1NTY, FL 04/27/2001 at 03:18PM DWIGHT E~'WtUc~,ocflE'kK RllC FBi 86.50 I '" Retn: GOODLETTE COLEMAN ]1 AL 4001 TAKIAMI TR N #100 NAPLES FL 34103 Parcel Tax Id. #49660000702 Grantee's Tax Id. #: WARRANTY DEED AND RESERV A nON OF FIRST RIGHT OF PURCHASE 3,.1 Ai>A.;l. TIDS WARRAi'\'TY DEED (this "Deed") is made this _ day of ~ 2007 by and between (i) COMMUNITY HEALTH CARE, INC., a Florida Not-for-Profit Corporation, now known as NCB HEALTHCARE SYSTEM. INC. a Florida non-profit corooratio!!, having a mailing address located at 350 7'" Street North, Naples, Florida 34102 (the "Grantor"), and (ii) THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate, having a mailing address located at 214 Westcott Building, The Florida State University, Tallahassee, Florida 32306 (the "Grantee"; wherever used herein, except as expressly limited by the terms set forth herein, the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, successors and assigns). -WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, alicns, remises, releases, conveys and confirms unto the Grantee, all that certain parcel of real property comprised of approximately 9.4l:t acres, more or less, situate in Collier County, Florida (the "Real Property"'), which Real Property is more particularly described on Exhibit "A" attached hereto and incorpordtL-d herein by this reference; SUBJECT TO: (i) taxes and assessments, if any, for the year 2007 and subsequent years; (ii) zoning, building codes and other use restrictions imposed by governmental and/or quasi-governmental authority; (iii) outstanding oil, gas and/or mineral interests of record, if any; (iv) matters that would be disclosed by an accurate survey; (v) restrictions, reservations, conditions and easements common to the subdivision; and (vi) the reserved rights expressly set forth herein which shall survive the execution, delivery and recordation hereof in the Public Records of Collier County, Florida, until such time as such surviving reserved rights are or may be terminated in accordance with the provisions expressly set forth below. By accepting delivery of this Deed, the Grantee commits to diligently undertake all reasonable steps to attempt to be able to commence operating and utilizing the Real Property and the improvements thereon for a comprehensive, rural medical senices training site for the Grantee's rural medical teaching program and establishing a comprehensive pediatric therapy program to address the healthcare needs of children and adolescents in the service area proxinmte to the Real Property with the goal of having a clinic initially staffed with (i) a pediatrician who is a faculty member of the Grantee to serve as the educational director of Page 1 of 10 OR:AJ22,Qll,G~ 2,a48 Hay 22, 2007 Page 7 of 15 such facility and to oversee all on-site educational and treatment activities and (ii) a nurse practitioner and to have those initial positions filled and the facility operational by June 1, 2008, triggering a right in favor of and reserved to the Grantor to re-purchase the Real Property on the terms set forth herein. In the event (a) the Grantee is unable to commence the initial operation of a comprehensive, rural medical sen~ces training site for the Grantee's rural medical teaching program and establishing a comprehensive pediatrie therapy program to address the healthcare needs of children and adolescents in the sen~ce area proximate to the Real Property by June 1,2008, or, (b) subsequent to the timely commencement (i.e., as of a date on or before June I, 2008) of the initial operation of such progrdITlS the Grantee ceases the utilization of the Real Property for such purposes for a period of twenty-four (24) consecutive calendar months, except as such period may be extended by IllJltters of force majeure or IllJltters not within the Grantee's control, or (c) elects lo sell the Real Property, the Grdl1tee hereby expressly acknowledges and agrees to provide to the Grantor writt<<'I1 notice of such fact or election, as may be applicable, and, in any of such events, the Grantor shall have and is hereby granted and reserved unto the Grantor, a flTst right to purchase the Real Property from the Grantee for an amount equal to the amount of all funds actually expended by the Grantee for the purposes of funding renovations to the improvements currently located on the Real Property and operating a comprehensive, rural medieal ser\~ces training program and comprehensive pediatric therapy program on such site, exclusive of any and all of the Grantee's personal property, including, but not limited to, documents, files, proprietaIy information and materials, furniture and equipment, all of whieh shall remain the property of the Grantee in all events, which reserved first right of purchase is personal to the Grantor only and is not assignable or transferable to any other person or entity by operation of law or otherwise. In such event, the Grantee hereby agrees to re-convey the Real Property (exclusive of any and all equipment and/or personal property the Grantee IllJlY have re-loeated to the Real Propenyl to the Grantor by means of a special warranty deed in the form attached hereto as Exhibit "B" and incorporated herein by this reference and containing the use restriction(s) set forth therein (the "FSU Deed") with the Grantor being liable and responsible for any and all costs, fees, taxes, assessments, ete, as may be necessary to effect the eonveyance of the Real Property from the Grantee to tbe Grantor, subjeet only to the matters noted in the FSU Deed. The Crrantor hereby aclmowledges and agrees that such granted and resen'ed first right of purchase shall automatically terminate in the event the Grantor either elects or does not close tile purchase of the Real Property within one hundred twenty (120) days following the delivery of such written notice from the Grantee, which delivery shall be deemed to have OCCWTed on the third (3"') business day following the date the Grantee delivers or deposits such "Titlen notice in the United States mail, eertified or registered, with postage prepaid, addressed to the Grantor's Chief Executive Officer and General Counsel at the Grantor's address first set forth above or to such other address as the Gmntor may hereafter provide to the Grantee by written notice, in which event the Grantee shall have the right to sell the Real Property to any person or entity on terms aeceptable to the Grantee, subj eet to the use the restriction and reverter (in favor of the original intended beneficiary thereof) provided for on Exhibit "B" attached to that certain Warranty Deed dated June 21,1991 and recorded on July 9, 1993 in O.R. Book 1843, Page 2278, in the Public Records of Collier County, Florida, TO HAVE AND HOLD the same in fee simple forever; TOGETHER WITH all and singular the tenements, hereditaments and appurtenanees thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law Or equity, to the Property, The Grantor hereby covenants with the Grantee that (i) the Grantor is lawfully seized of the Real Property in fee simple; (ii) the Grantor has good right and lawful authority to sell and convey the Real Property; (iii) the Grantor hereby fully warrants the title to the Real Property; (iv) the Grantor will defend Page 2 of 10 OR: 4220 PG' 2849 Agena8 item r'>lo. 'I Ui::$ May 22, 2007 Page 8 of 15 the title to the Real PropL-rty against the lawful claims of all persons whomsoever; and (v) the Real Property is free of all encumbrances, except as otherwise noted above. IN WITNESS WHEREOF, the Grantor has exccuted this Warranty Deed on the day, month and ycar first above written. Sign: Print: ;/IL "'{'oJ; ... COMMUNITY HEALTH CARE, INC., a Florida Not-for-Profit Corporation, now known as NCD HEAL THCARE SYSTEM. INe. a Florida non-orofit coroorati~~ / J/ ( . U/~i,J (yy~yp, Signed, sealed and delivered in the presence of: Coopl'e.' By: Allen S, Weiss, M.D. ChicfExecutive Offiecr Sign: Print: \) ~ -t4.oSl..o \J : c.."'-.t \-\... \ e.. ("Grantor") My commission expires: STATE OF FLORIDA COUNTY OF COLLIER / d A(#,I The foregoing instrument was acknowledged bcfore me this ~ day o{~ 2007 by Allen S. Weiss, M.D., as Chief Executive Officer ofNCH HEALTI:ICARE SYSTEM, INC, a Florida non-profit corporation, who is personally known to me, on behalf of the corporation. ~~+:;7!1~ EAi?(l..btffi f\J-avtJ VI Printed Namc ofNotaI)' Public bD 6 !.P{P/.pCA Notary Commission Number ....:::;.\"!~If>. ELIZABETH MARTIN {tK" ,-1 MY CO~ISSiON # DO 5666ro ",'.JIllk..., EXPIRES October 21, 2010 %~;,9};:ft:-ti." Bon::led Thru No".aty Fubl!C tJnoorwrl1ers JOINDER ACKNOWLEDGEMENT AND AGREEMENT THE FLORIDA STATE lJNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate, having a mailing address located at 214 Westcott Building, The Florida State University, Tallahassee, Florida 32306 (the "Grantee"), hereby acknowledges, joins in and agrees to the rescrved fIrst right of purchase provided for in the foregoing Deed and agrees to perform all acts as may be required to comply with and effectuate a conveyance of the "Real Property" to the "Grantor," as such terms are defIned in the foregoing Deed, if required by the terms set forth therein, all in accordance with such terms and those as sct forth in the attachments hereto. Page 3 of 10 OR: A~Z,~~ ![fg~)~!~O \~ay 22, 2007 Page 9 of i5 IN WITNESS WHEREOF, the Grantee has caused these presents to be executed in its name, hy its proper attorney-in-fact duly authorized, this \l~ay of~h, 2007. -1\6\IL.. Signed, sealed and delivered THE FLORIDA STATE UNIVERSITY in the presence of: BOARD OF TRUSTEES, a Public Body Corporate Sign: Print: By: T.K. ethercll President Sign: Print: e. ~ Viellc. f:,.- ("Grantee") STATE OF FLORIDA } COUNTY OF COLLIElt L G:pN #. 1t:J!, TIle foregoing instrument was acknowledged before me this .!l.:.:.. day of . 2007 by T.K. Wetherell, as President of THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate, who is personally known to me, on behalf of the Public Body Corporate. My commission expires: X".: .f LJ .Jr' d1.n If" -.J ,~\"J~, Uncia F. Thompson No~ Public r- fft'J:;~l Commission # 00259911 J.'/JOI!f T. IrJ.~MJ'S~~ "~'.~!\!f Expires ()::lober 20, 2007701. Printed Name of Notary Public 1f.J:',:l' _T..,F...,_'''' 000.38> ..:DJ:;>LS'1'1 J I Notary Commission Number Page 4 of 10 OR: t\i~n2aQ ,1~~)1~)al May n 2007 Page 10 of 15 EXHIB1T "}.." PAGE 1 OF 2 ?~Dperty TQX J. D. OG0585EOOO~ Collier Health Carel Inc. Descriplion of part of Section 28, Township 46 South, llumg~ 29 East, CoI1i:::- County, Florida fB=ril>~= P.D.D.) ('fhe Isabel collier P.ead ::mmmDY.al.ee Health Farl~ - phD.se 'J.'~IO) An tlla{ r..rt of Sc.c~ion 28, Township ~6 .soutll, TIa'1ge 29 Ea~:. Co)1ier CO\ln~r, Florio:!. <llld b~illg mote p::Lrlj~ularly descri!.:ed as feUD""":::; EcG1NNINO at the: ;~orl.hc:dYlIlos[ cornc:r of NeWllJ::tTkcl $uutJivision ~s reeonJcd in lJlnl Dook 1, p~gcs lOG through 105, puu!ic Recorus of Collier County, Flul"ida; ll~~llce along ill:: ~terl)' righ\-of-v.o:ay lb:: of Stale Ro:acl 29 (200' rigl~t~of-way) North 0"51'00" West 505.00 feet; li:::nce leaving ~aid rig.ltl-of-W2Y northerly, l:orthe..Slcrly anti c~!c.rly 39::n [ee.t ::.10:1g 1\1~ arc of a cLrculcrr curve concave to th~ south~:st, l:uving <I. ralljLl5 of :::S.GO fc.:::t, through.J. ccntr.ll angle (I[ 90"00'.00" :LUU beir,g subtended by ;:l, chord which l:~r5 Ncrtll 44~09'OO" E:J.s! 35.36 ftet; Lhellr.:c North 89"09'00" 21st 698.50 f~L; thence: South OJ"51'oo. ~t 54.7_S9:"f~~l lo..,a.-:poiru on the: south line of [il~ p~at of Ec:riu:gc Unit One 1lS recordc.d-Ir, Pldt:llooJ! 19.Jpllg~.G~ through 69, ColE(::[ Count)', Florid.a~ ,/,..\...~;:,-~------:::." r.).>, rhcllC:= a!.ong. saiJ tine, ~6u-U~-.8'9c09'OD" Wc:st 685.S3".'iifL t'o~'.tllc '\'1csterlymost con:cr or s;liu Hcrit2gc U:1H One. Fial ~Jnrl:a pclnt 0; the nllril;~;:J.51:::tly rigln~of-way line <Jf Madis'Jn Avenucl .n::lon:Ji.ng tp2~* plat'"i;lj:..said~~"Yn:arke1'~\lbd~yision; thcm:c: along sald ngh1-Qf-w:JY 1l::le:'-NorLh 45<t54'50" \Vc.st '53.G4 feel lO tlte ?oillt of . . . t .- \ I ' . Eegmnlllg; ! I .'~ '---:::;-', -]'-'0 ' ~ 'i7\ '1 conlaimng 9.41 ncr~s mDre or lessl (f J' ~ ) \ \,.'/ ) .suuj~ct to c.asc.r;:cnl:;;:md }cst.riHp:ons o~Tec?rd, J (I""" '{\). b~iJ'lgs me b:;!.s=-d on :h~liionhedst:::rl}} r!g.0;pr~wa\-~.jiJ\c oH l\,o:.dison-Av:lli.lC, VC:Ulg l"-lorth ~5054'50" -WC$L \(.....\ '7' ~I / P::/ I.,,'. . \ ~'L, I ,........,'; \' 'J' "ON 1 'I" -R DA n'PO' ,i & P--I' INC ''',0"," I .' -. , ... ~ ,~'.l..........l::., ~..... _. ~':.... '. .:.:.:.=. \." '",\"'\. I/~'-"/ ... ~ r - "', >..,. ,/ l... .........~,:~~;~':' :.~~:..-----.--- \/~> ~/: /'., ilj7 ('lV..I,:" llY( 1t- V/{(I [(A.:'1Dk-~';:;-I5'-q3 (:,1'" P. Maloney, P.L.S. #4~93 Not "'.:p.J{d UJ1I~Si embc!:s[:d willllhe Proiessional's seal. \1,'.0. 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" , '2~ ;~ i: '"':: .- o~ "= ~~ .~ .~ !l~ ~S 0,' ':'!.;jI iiH t(;:~ ..;tv ~: ~ :o.:;~ -', ~O -.' ~~: ~~M ,; ~ r ~:t ~ ,,-.,>w ~;:-:;:; l~8G :Dd OlGV :HO ~ -< G: CJ o :::,:;;;-;;: -,' '..Q!J,~Q.U ~ t:'~n "'~",":7~ -=,/"I=QI11..l ,'II 'rol.'~L '.0;- ., ...~IO"'" '.':'l~ 'I ."HHU"-..-': nu"",-,. ;.c, ~l~ .1-!)...1 "..~ "::G. ; \ i'nO'-11- e..". ~I~ /<1;:, ,r 1..";:; J~~ .. ~o ,-----;-- :;-;--_8 g I: ",),,\,),'Nt~/~':;~~. 'I (-..\- ---"'" ~....""~.. I '1>,'./--' '~,m;;j,:\ .- 1'-- . "-I, . ) I'~- ~~J.... ) ;'l__' '!,1::t:'~ti ..OO'C.~I,,~. \....__=-.>...."/ -... I i", ~~'V~lI \J'~\ ': I, ""1 lon.tRYJ U)::a.iIl-LU""'.I-, ~.- '\ 0 i ;;~.'3~\, !;:\ !::...w E:~!. _ -:"'__ ~ :;::-l-:, ~ -; fO~1 r- - --I, I-J*t;o,ao.et,,~ {','--., ~" '- 1_ - c "" I ' " - , ' "-, 'II, -1', ( I" "",,~.I,, ~o. .\ ~ 'I I ",,,,,,0<,,, ., I '" 1.,\ ~ r I"~ \Q ,;.?~.;.;g..:_, I ~\/,( L~( 'J'o>~<.-r,~r' " , .\_--- ~ ,... ---,~-- ~ 0_ , . " ,--( ~ ". '\' ~ ~ -; .....~-~--.' .. I (-j "', '/ ';':: 'j . -.:..~-~,:~:.. , .- " I r' . ~J o '0 7 ,'" 1.:..1 ~ '" ~7 = ~i I .,,1 S~ w ~ -< u "' 0, ':U3:'C!SV::[ ,'1.1-:'1':,,:' Z IG (:: J~)V,: "'!,, ~_H:l: ,,_ '" '" //-"~ 1/ I L <7l ~ , ~ ~ '" } I'E~ ~~ ~ :::~ .. ..... 15,>, ~_I ~ ~. I~~~b' ~ ::.~3 ; 12;....'-. :;: <: '", ~ L~:>.; Q~ _ :::l~!cr~~If-!iO ~ "\..dti:i~' 1- - <: ,>c~~. . .... I~"'!:(" = o :;,~~ e.::: " I" ~ 5 . ...."'~ ;;:; t _Ie.. ~v t ........'<: ~!~~ ....ll'l.l O,Q f ! ~ c ~ g k '5l ~ :~ 'i' ~," ~ t\l I::' !Ii U I . ~~~ ~ ~ ~ ~ ~-' ...::::: u.Jr:l ';>;;: UJ ;;~ :;!...J Q.."'t'i "';::: "< ,~ ~ ~....~ ~ ~ Z ~~ ~2 ~ Q:5.'g "'0 J-o Be: ~ ~~ .. ~; _ ~u [) <~ : '" -J ",i'; U"",N ...J ~~ -;-;;~ x:~~ ~:": ~g :.:-: o . . z;~ :.~~ ~ ~ ~:i :: ~ ~~; :. . e . i:: =i 8. g ~~ '0 "'::; .. ," .. oN , ~ 50 , T ~ o o (j ~, N [[0 ,"",",:'" ~i: ~I, s:::i~ "--'I' <::J..! ~'~ '-1q , ;~;81 "1::0:1 ~ ~! " :~:a gLL:~ "III i I 2 IEI!:I -I I -I'" ::) I ~ '~rr II g' i [~ ~ i;:.:~ ".." lro'~ .....u ~ C "'=>. ~i? ;! ~)~ ~ p.1i~ 21 ~i~ z OR: Ag4,~fdOltlH~o ~~.5 3 May 22, 2007 Page 12 of 15 EXHIBIT "B" FORM OF FSU SPECLt\L W ARR<\,NTY DEED This instrument prepared b)': Stephen C. Picn:e., Esq. GoodJctte., Coleman & Johnson, P.A. 4001 Tamiami Trall Nqrth, Suite #300 Naples, Florida 34103 (239) 435~3535 Parcel Tax Id. #49660000702 Grantee's Tax Id. #: SPECIAL WARRA.~TYDEED THIS SPECIAL WARRANTY DEED (this "Deed") is made this _ day of 200_ by (i) THE FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate, having a mailing address located at 214 Westcott Building, The Florida State University, Tallahassee, Florida 32306 (the "Grantor"), in favor of (ii) NCH HEALTHCARE SYSTEM, INC., a Florida non-profit corporation, having a mailing address located at 350 7th Street North, Naples, Florida 34102 (the "Grantee"; wherever used herein, the terms "Grantor" and "Grantce" includc all the parties to this instrument and their respective heirs, successors and assigns). WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other good and valuable consideration, receipt and sufficiency whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, relcases, conveys and confums unto the Grantee, all that certain parcel of real property comprised of approximately 9.41:t acres, more or less, situate in Collier County, Florida (the "Real Property"), being the same land and parcel conveyed by the Grantee to the Grantor by means of that certain Warranty Dced dated March ----' 2007 and recorded on April----, 2007 in O.R. Book . Page . in the Public Records of Collier County, Florida, which Real Property is more particularly described on Schedule "1" attachcd hereto and incorporated herein by this reference; SUBJECT TO: (i) taxes and assessments, if any, for the current year and subsequent years; (ii) zoning, building codes and other use restrictions imposed by governmental and/or quasi-governmental authority; (iii) outstanding oil, gas and/or mineral interests of record, if any; (iv) mattcrs that would be disclosed by an accurate survey; (v) restrictions, reservations, conditions and casements cornman to the subdivision; and (vi) that certain use restriction and remedy set forth on Exhibit "B" attached to that certain Warranty Deed dated June 21, 1991 and recorded on July 9,1993 in O.R. Book 1843, Page 2278, in the Public Records of Collier County, Florida, which use restriction and remedy in favor of the original intended beneficial)' of the revertcr provision are re-made and re-stated herein as if fully recited herein and which shall be a continuing restriction and covenant which runs with the land and is binding upon any and all successors in title to the Real Property. TO HAVE Al'i1l HOLD the same in fee simple forever; Page 7 of 10 OR: Aje4,6Pltg,~t~J~~4 I,~ay 22, 200? Pag'" 13 of 15 TOGETHER ,nTH all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the Property. The Grantor hereby covenants with the Grantee that: (i) the Grantor is lawfully seized of the Real Property in fee sinlple; (ii) the Grantor has good right and lawful authority to sell a'ld convey the Real Property; (in) the Grantor hereby fully warrants the title to the Real Property; (iv) the Grantor will defend the title to the Real Property against the lawful claims and demands of all persons claiming by, through or under the Grantor, but against none other; and (v) the Rcal Property is free of all encumbrances, all except for and subj ect to the matters noted above. . IN WITNESS 'WHEREOF, the Grantor has executed this Special Warranty Deed on the day, month and year fIrst above written. Signed, sealed and delivered in the prcsence of: THE nORIDA STATE UNIVERSITY BOARD OF TRUSTEES, a Public Body Corporate Sign: Print: By: Name: Title: Sign: Print: STATE OF FLORIDA COUN1Y OF COLLIER The foregoing instrument was acknowledged before me this _ day of 200_ by . as of THE nORIDA STATE Vl'oiIVERSITY BOARD OF TRVSTEES, a Public Body Corporate, who is personally known to me, on behalf of the Public Body Corporate. My co=ission expires: Notary Public Printed Name of Notary Public Notary Conmlission Number Page 8 of 10 scm::om..R "111 OR :Ag1~)a ~te~q~~ fo~5 5 May 22, 2007 Page 14 of 15 PAGE: ] OF .2 ]'ropcTty Tax I. D. OOOG8G8000G C:::'] licr IJ~i:11th Care, 1:1C. Dc::cripliofl or rim of Section :lB, TOWl:~hiil IJG S;,utlt, Ha";ge 29 E...1.Sl1 ColH::r County, f-Jorida (Ileri1<lgr;:. P.D.D.) ('J'he IGabcl CoJlier- Hel)u ImmmoJ.:alee Hcaltn rz::::k - p~lnr;e 'rwo, hll t:1J! i'lnrt of Sec1ioll :28, Towr:sriip "'16 SOLlth, [(anr.'~ 29 Ixt, Collier COllnt)', :=loriJi\ :mtl bt:irll: IIlnrc. lmnicltl:nly rh.:scrilleD 2'.:> follo\'.':>; BEGINN!NG at It:e.l\orllll:::rlYIllO$t c:.lrnc.r of Hr:::wmr\rkct Sllbdivisinl1 n:: rc.::vrJeJ in Pial Dook 1, p:!.gr:.s 104 lhrougll JU5, J't]uiic l{c.cords of C:;liHt:r COUllty, FlrJri~;l; thellce illDr:& lhc ~SIc.rJy righl-Df-way lin:: of St.::l.le Rood 29 ,:200' right- ni--\'.'L:Y) North 0<>51'00" 'Nc:sl 505.00 fecI; lhen:::c lr?2ving s;lJd :-]1.:111-0(-\\,;1)' IlOr1Ii!:r1y, 11~rthc:l.51Crly and ~tc:rly 39.27 fecl ~lhll!L. th~ :!rC or a cin;:L:l~ ::::urvc conca\'~ to Ihe soull1cas-t, havifl!; :l r[luius of 25.UO rc~.!, through OJ. c.::nt:-:lJ ullgl~ of 90"C<)'OO" :lOu being subt~;Hlc.d by ::! .::lwru which l1e.Jr.!i NerOI <14"'09'00" ~Sl 35,3G f::1::; Ilu':lICl: NOltil 89"U9',:;0" 21st G98.5U feet; 1hence South OO"S: 'C.:)" E.:1St 5q7.B~:_-f~rlO:-:;n};Ji)l~, on tl1~ :::outll Hn~ of tile: p~:ll 01 JIcliluac lJilil Olle ~IS rccord:d ill r]<i1.'JJbuj!:19,,'1J;.g';S'6? lhrou[;h 69, CoIEt.::- CU....I..~)', Florida; , '"1..,,\-,:' -.----.--....<:::.,\.-r-.>, lhellce ~Ollg s:iid Jlm:=1 S0\l[h'8'~<>09'OO" \V~SI (8).53 rC~\iO--t!lC "\','cstcrlymml corncr of sJ.id I!.~dwC~ Unit qrie. P,lZll....3!lU ~ paille of lhe. ;lOr1ht;:.:l~It:rl)' fighHlf-\'.':1)' lh,c of l'-~ildisDIl1\\'~nllc, ::Lcconling {?}!~ pJai'Df.-:;nid..l.'{r~Ylll~lIkd--'?llUd\::is.iaJl; thC~ICC al:ll1g s:lid rjgill-Df-Wil)' Iill-e:;,.!'lCl[lh ~5<>5.1'5(l" \Vcsl"53.(i~ feel 10 :llc Poilll uf , , ' I I l.'", 1 ,. . 13Cf:ll\lllW" ;, ,'~--:""""\ .~-::--. -::L-----. ~ ("~.\ 1 COIII.;~j!\i!~g 9.41 ;~rcs 11l0~C or ~C;ss( \J( ( '11 \, \I''"'D ) \, \ //"1 '\ ~l1l;jtct:n -c.ast::mCll:~ :llld iq!rid.tio~s oflec~f(l j ir.:-' \) \( r l.::C2rings me u::..scd on 111~:IlOVh~~3i.leri)"'Ifg~~o(-~_?!illC- onM':!t1i:,;un-AVC1l1.IC, being Norlll "5054'50" West '\~.- , " - ' 'V: " - . \. \, '-4__ I ":-'-/ , \ " I I ,~, " WILSON, MlLLEl~, BAirl'oN'"& PEEK/INC, "':.y;t I C-: <,'f-" 'L-I i~ '. I . ~. /) '.. (;.';'.-:-.--:--'~.~'l'\" \-' ny (:' /,j/'- r /?7r}/07~j/'D1E.I~\i~~{,;'~15-7;; ;1c 1:1 P. \:a1on0.)', P.L.::;, /!4<:9~ j\jOI t~l~ 1111 ess l:1i111,)~;.'_C \"i(h lilt:: r~Joie~::;J:Jnal's ~.~al. \~,r. Cl. He(: D:l~C: 5R0B ;-i-29 (JP;,.1:Lju) t!llQ 1.51 19~] cnr--L() ::00- -O~ NO o 'LD Zgj~ ;.: ~ Ql meuS? :::':2cr " ';2 a; '" <t """~ " /""':s?' / '" ~:->" /' ..("',J., \ ""r\~?~.. II ) '" ....',,:..., , ,<,.._3'~!' , if " ~- ,,,,/ ! I " " , " < ~'~ ~:.: ~ ., ;_= :,; g , 'f ~~ , ..;... :;;;" .,". ," :-;~~ ~! !:' ! ,~~i ~'~ ,~~; ~~~;~~SE-,;: ~tl~w~ !'.... h~.i: t} m~~ ~:5~ f ~ ~ ::::'..U~j ~~~~r:~ -J ~~;~~, ~~~>~ ~ ~ -< "-'<ol'''JV) '"'- ~ G a:: , ;:;0:; ._...~... . t! ~i~~~.~~f~= ~ ~ .u ", ..".., ~::":;, "'0", '''',<.J " "" ,'" c'- ,~,:~j : '1<''''''''0:> ,," .V ~ '" '\ \ ~' "'~ .Jj' " "i..:;. ~ '-:j~ -;;,'" i "'-' "- .'. \ ~1 " "'~"'", \ ---:1--- ----'., '~"~ \\ <'~. 1 c H: I "-~"~' >','''' ,j ~: I, I, ----------- ~:~>J ~ B " . -- ~ - - ~ : ":o~;~'::':~:~~~>~~;I' 0'" ~ ,,~""" 1l"","'J" j[j JJ""'. . "'''1' "v<I t \ ..,..,...-1:- ~i~ ~~ ~;~ 'I'" '~..J'. "-''':, . _,_.'i.~~~ ';';g "I " :\ 1 ). h (~, 8 I, . '''1:1", '(Z;;'Sg: " ,.1 '..'-~' "'~'::: ,:~*~~5 I ," 'I;"'::I'J/ -\~,~~(:f:~:,;~:::: :1--1 i.__.__.___....oc.~o.n" ---- .i' ',~.,' ,( ~.,'\' J. HY I _ \ ~ ".,,"" ~=I.,UI..".I--, ,[; :j~_"l\~, - ~-:'f<,.o%i;;;hif,~c-c::-~',~; "-, 1\ ,I I ( ! 1 1,-;;:';;...1.1 ' ~ ;:'" \1 (-7r' to i ; ~;:~gJ.l1 i :i i'c '"'--\21 \_~\::-. ~t~J; . } i j'--... .-- ! . <--"- '-7. : \ .~) ~ " , - ; ( .l ") -.~~\-.~\ \' '" '" ., ~ w w "- C--j 1"-- I , '" C' '.'1- f'; , ;,j' " ( I ,; I 3 '" I ell --, ., ~I! 10 e, C) 'If r L:I:1J1~:5V:i ,urnw I;"' G J::'/,{ uTI! :1"ln63t~ JtJOt g~R7. :8d 07.7.~ :BO JtJtJt 1 ! h =i 9~ 3: I " I I I" I I I 0; , o Vi :-. I 0J L ~'" u=" r-: I ~~~E ~ I ~ ~n~!.~ .... I - ~... i;tl) ~ 1;;;; _~;,.; ~~ ~ ~ 12~~il~ <. i~.(<',L ''''~UI: __ l:,rH~:rhi c 1M ~'<..iL C " I~ "::'R::: ~ ~"<:?;!t J. ~ "- '1l0r=-- >- ~;.. ld u.. :'5123,;1 Ii ~ :;j~ q :4 ~ Ij'~lj ~lj ~ ~ ~ :$- E ~ x: ... '" :=.G: ::. ~ u.J ~~ '" Q: l.JJ"'''' ... ~5 - ~!~ ~ 3~ :z: ~~ '" ~ u :::: ~~ ~ ~ ~- ~ .~ ,...., ,~8 . '" ~, -~. H' ~ ":.., - ~ BF~ ,,;; I!Z~ ,:.:;:.. :: "~ ~~~ i: ~~ ~:'~ Rg :.:~ z~: ';:..: c~ i:.!'::i'. =~ ::z : '" :i " , .. l~;; ... ~ o o Cj ~ . "' " " ~!E :~I~ ----:-: '.;f- ~ ;, ~i~ ....:n \~P ''''11 'iQ ~ o E ~ I,ll I ,i~1 i?- '''''''I " m::'! "+- 'I'~' ~, C' (':;, ~,I"- !~,:Y:I ~ _L:~~ " I' ! _J ! 1_ '"- ,:C._I - 'n..:C1.' ~!_ JT: 1::.1 i I I'; 31 : 1'1 ~i I .~ fi: i<<'~ I "',;:0: - " "0 ~'t...' ~. -'Ql-"" -!~ ~1':;:hJ; :": ~ .-, ;-:-16:l d~ Q, s,~I~ 1":1<<: L::: ii'U'.l1.1 Agenda Item t;Jo. 10C May 22. 2007 Page 1 of 47 EXECUTIVE SUMMARY The County Manager's Zoning Department staff would like to discuss with the Board of County Commissioners (BCC), the impacts of the current requirements of the Land Development Code as they relate to the Mixed Use Project (MUP) approval process permissihle in the Bayshore and Bayshore Triangle Overlay Zoning Districts, specifically as they relate to the Arboretum Village project which was approved by the Board of County Commissioners on September 12, 2006. They also request affirmation that a 3 or more year time frame for physical construction of this project, as now proposed hy the developer and as evidenced by the initial SDP submittal for administrative review, does not conflict with the intent of the Board when they approyed this project in terms of the awarding of density bonus units, and furthermore that it docs not conflict with the Board's potential plans to build a parking garage in the Bayshore redevelopment area as discussed at the public hearing approving this project. OBJECTIVE: To initiate a discussion and get Board direction regarding the intent behind the Board of County Commissioner's approval of applicable sections of the Collier County Land Development Code associated with the MUP approval process and to provide assurance to staff that an extended time line for this project meets the Board's intent for redevelopment in the Bayshore area at the time it approved this project. CONSIDERA TIONS: On February 28, 2006, the Board of County Commissioners approved the Land Development Code (LDC) provisions (Ordinance No. 06-08) which allowed certain properties in the Bayshore Overlay Zoning District to develop as mixed use projects with approval through a public hearing, Board approved site plan review process commonly known as the Mixed Use Project (MUP) approval process. The first MUP project was approved by the BCC on September 13, 2006 for the Arboretum Village project which incorporated 232 density bonus units from a reallocation of units that had already been approved in the coastal high hazard area in the year 2000, and which are available in a limited number within a "density pool," available for use by qualifying developments on a "first come tirst serve" basis. The Arboretum project, as presented to the Board, consisted of a mixed use project with a development potential total of 447 dwelling units and] 50,000 square feet of commercial use. After a project conceptual master plan receives approval trom the BCC, LDC provisions require submittal of an official Site Development Plan application to County statT for sufficiency review and final approval; a plan which is supposed to implement the Board approved master plan. The site development plan is required to be submitted within 6 months of the date of approval of the MUP. The first submittal for the site development plan for Arboretum Village was received by {\,genda Item hJo. 1 DC May 22, 200? Page 2 of 4? Community Development and Environmental Services Division (CDES) just prior to the 6- month time expiration, These plans submitted for staff review do not show any representation of structures. The development plans are essentially comprised of an access drive to a sales center which will be located in an existing building, the layout of the future site circulation and the enlargement of existing lakes that are already present on site. Further discussions with the developer's representative after the submittal, revealed that the project will be phased, with construction of buildings to be approved and to possibly commence no sooner than 2 years from now (late 2009), which is approximately 3 years after plan approval by the BCe. No LDC provisions exist which require submittal of a development timeline as part of the application packet for MUP review, nor was one approved by the BCC for this project, although discussion occUlTed at the hearing relative to time lines associated with a potential future parking garage. Additionally, there are provisions in the code that would allow an applicant to extend the SOP approval timeline for a lengthy period of time by making nominal submittals to keep the SDP in the review phase without getting final approval. Based on the testimony at the public hearing and the discussion by the Board, staff was left with the impression that the Board had an expectation that this project was to function as an immediate catalyst to spur economic development in the Bayshore area. Approval of the project resulted in the acquisition by the developer of a significant number of then available "density bonus units" which and until the project is actually developed, will remain encumbered and unavailable for use by others. Furthennore, commitments were placed on the record indicating that the developer would formally enter into an agreement with the County, prior to the SDP, allowing the County a two year time franle upon which to make a decision as to whether or not the County wanted to pursue developing a parking garage on site. To date, no such memorandum of agreement has been received by County staff and additionally, a delay in project commencement would likely result in a delay of the County's ability to pursue a parking garage, if the BCC so desired. Staff respectfully asks for affinnation from the BCC that the developer's proposed time frame does not conflict with the intent of the Board when it approved the LOC amendments related to MUP approval and for when it granted approval of this project. Staff also requests afIinnation that a 3 or more year time frame for physical construction of this project, as currently proposed by the developer and as evidenced by the initial SOP submittal, docs not conflict with the intent of the Board at the time it approved nor does it conflict with the Board's potential plans to build a parking garage in the Bayshore redevelopment area. FISCAL IMPACT: The policy direction by and of itself, will have no fiscal impact on Collier County. GROWTH MANAGEMENT PLAN IMPACT: This request will have no impacts on the Growth Management Plan. ,t\';tenda item NO.1 OC May 22, 2007 Page 3 of 47 AFFORDABLE HOUSING IMPACT: This request will have no impacts on affordable housing. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this request. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Council was not required to hear this item. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDA nON: The CCPC was not required to hear this item. LEGAL CONSIDERATIONS: Legal considerations are not applicable. The statT is not requesting that the BCC take any action relative to the approvals associated with the Arboretum Village project. RECOMMENDA nON: This executive summary and the issues contained herein were initiated by staff for purposes of clarification and notification to the Board. This request is not an attempt to seek dismissal or gamer approval for a rejection of the project. Should the Board of County Commissioners elect to revisit the project, that action would have to occur at a regularly scheduled and legally noticed public hearing. Staff is recommending that the Board of County Commissioners provide, if they deem necessary, poliey direction and guidance for any needed amendments to the Land Development Code and provide assurance to the County Manager, or his designee, that an extended time line for this project meets the Boards intent. PREPARED BY: Susan M. lstenes, AICP, Director Department of Zoning and Land Development Review Item Number: Item Summary: Meeting Date: COLLIER COU~TY BOARD OF COUNTY COMMISSIONERS 1:1C rI,e COLlnty rf.ilr'" .~""rs ~'orrng Dep8rtfll0nl ~lDtI would H<.f- JISCUSS w'ih ilK, [j"ard oj COI-"ity ~:()rntnISS'<Jners ttle Impa~:s oj tl,e currenl reOUllell1ents ot me Land Development Coo!'; as IllPy re\atc 10 thi,- Mixed Use F'1[)jeC rMJP., apr'roval P'O~"5S ;:'(mnls~'l)ie irl tile Baysllc:re "nd baysh:)ri< Tr;:Jr1qle Overi3-y ZOI',ng UISI':cts, spe~lf'~ally as tley relate 10 1111" Ar:wre:uITI '/ill:H!C p:'1jeCI 'id\lcll W3~, i.lpprovf'd hy the Buaro 01 CO'J:lly ComlTlis'S'or1f!f'; 0'1 :'.,eOlembel "2 :::'OOf Tlli:'yai,orequestafj,rrna:lonHl<Jt,12,orrwJmy,,"artnTl[etr0rneforfJllyS'.:al ~'0'lStrL'Cl.011 .~IIIIS P"'i"ct, as now nopoo'.d :::.y the dpvEOioDer and as E'II::Je1~,p[j by 111e 1n':lal ~;DP SU:Jlll:t:al 'UI c;drnwIO,trd1IVe 'evlew 'Joes rlnl CC['.;i:cl with tilE- intEnt D! tile ['.nard W!'ien 1'le:>, C1~'VU'1E:~! till" pru!'-.'c, In \E'rms uI ;l1e C1'td<['j,,':g Oi -:t:or.'5':y l,urlus '11'1115 anc- rUn~1<lWlDre t1Jt rJoP~, nol ~[J1fil~' Witt": tll': ~:i03r(j" potel~'lal [Olin!; t.:" r,~,,!,j :) r,,3[f:In-] g:-1r8.~e :n Ihe ['l'lvsllur,' r,;cJevP!O;Jrnenl arB'" do d'S('.ll';SeO ill Ihe p'.!l;!;.:, Id2<v:n,:, opprO'v'n;;thl~. proJect I.JosC'p'll< ~,~nlT>;t, 1,(Jnmllslrdlor ComnllJnity Deve!cpn>ert, & E.nv'ronmcltal Se:vlces Dl'vl:'leJn) :>!::'2/2CJO, 800.0f! !<M Dale Prepared By Susan Murray AICP Community Devt'lqJnHmt It. EnvlronmerllalServices 2<m"'g & L~nd Developmclll Director Zon;ng 8. L~mj D<JveloprnentRevipw 4117.:7.0071:38;14PM D~(e Approved Hy Marlene Stewart Community Dcvelopment & Environmental Services ExeeutlveS,.,erctary Community DeviClopment& [nvironmentaISNVic()f,Admin 5.'212007 B:13AM Date Approved By Judy Puig Operations Anaiyst 5W2Q0710:2SAM Apllro\'cd By Community Devt'lopment & C""tmlHllty Development 8. EnvlronmcntalServ,ces Environn-Icmal Services Admin Jo,ephK. SCl1mitt CommUrtJtl'Development& Env,ronmcn\,ll Serv,co~ Aamlnstrator DJte CO'lHl1lmily Dev",:epmen~ & Commur1!ll' DcveioplllL''lt & Environ",enlaI5<.'rvicesA'lmin 5.'2/2007 f,17PM Envi'onrnentalSeoices O"te Apllro\'cd B)' OMS Coordin~tQr County Mnnnger'" Office 1>.dmimSlr<lliveAssistant Oflree of M;magc'11ent& Budget 5i412007't47 AM rj;ari.ls3ckson D~te ApprondBy County ~\an3ger'5 Off,cc Budget Analyst C)ffice of ~L1n,1geln'mt & Budget 5,7:Z0C7B:08 M~ '''Jlllru~'ed By ,J"mesV Mud,1 80Jt-d DfC'Iunt;' Com'niss,o'lers C" unty ~!: an" ger D".tc County ~1all"ger'$ Ollice 5,;1,12007840 AM ,l'\genda It8m ~~o. 10C May 22, 2007 Page 5 of 47 September 12-13, 2006 COMMISSIONER COYLE: That's right, that's right. CHAIRMAN HALAS: Commissioner Coyle, I don't think so. Item #8B RESOLUTION 2006-238: PLANNING DEVELOPMENT INCORPORATED REPRESENTING ARBORETUM DEVELOPMENT, LLC, REQUESTING APPROVAL OF A MIXED USE PROJECT (MUP) IN THE BA YSHORE DRIVE OVERLAY DISTRICT, PROPOSING 447 RESIDENTIAL UNITS AND 150,000 OF COMMERCIAL FLOOR AREA TO BE KNOWN AS ARBORETUM VILLAGE. THE SUBJECT PROPERTY, CONSISTING OF 37.26 ACRES, IS LOCATED AT THE NORTHWEST CORNER OF BA YSHORE DRIVE AND THOMASSON DRIVE, SECTION 14, TOWNSHIP 50, RANGE 25, COLLIER COUNTY, FLORIDA - ADOPTED W/STIPULATIONS MR. MUDD: Commissioner, that bring us to item 8B. This item requires that all participants be swom in and ex parte disclosure be provided by conunission members. Planning Development, Incorporated, representing Arboretum Development __ COMMISSIONER FIALA: Arboretum. MR. MUDD: -- LLC -- COMMISSIONER FIALA: Arboretum. MR. MUDD: Arboretum, I got it -- Arboretum Development, LLC, requesting approval of a mixed-use project, MUP, in the Bayshore Drive overlay district, proposing 447 residential units and 150 -- 150,000 of commercial floor area to be known as Arboretum Village. The subject property consisting of 37.26 acres is located at the northwest comer of Bayshore Drive and Thomasson Drive, Section 14, Township 50, Range 25, Collier County, Florida. Page 165 Agenda Item No.1 DC May 22. 2007 Page 6 of 47 September 12-]3,2006 CHAIRMAN HALAS: Thank you very much, County Manager. At this time, all those participating in this item before the Board of County Commissioners, please rise to be sworn in by our court reporter. (The speakers were duly swom.) CHAIRMAN HALAS: And we'll start off this time with Commissioner Henning. Do you have any ex parte as far as disclosures in this particular item, sir? COMMISSIONER HENNING: Yes. I received some emails on this topic, some phone calls, some unsolicited information from Mr. Fernandez, and I did not talk to staff on this. That's it. CHAIRMAN HALAS: Thank you very much. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had meetings, correspondence, emails, calls, spoken to staff, and I sat in on a couple CRA meetings while they were discussing this. CHAIRMAN HALAS: Okay. Myself, I've received correspondence, emails, and some phone calls on this, and all of my information is here for public -- for public viewing. Commissioner Coletta? COMMISSIONER COLETTA: Yes. I've had meetings and received email. CHAIRMAN HALAS: Commissioner Coyle? COMMISSIONER COYLE: I have met with representatives of the petitioner and staff, I have had correspondence, and I have received emails. CHAIRMAN HALAS: Okay. Thank you very much. Staff? If you would -- MS. VALERA: Caroline Valera, Principal Planner with the Department of Zoning and Land Development Review. Since this is a very new process, I would like to give a brief overview of what it is and how it came about. Page 166 Agenda item No.1 [lC [\~ay 22, 2007 Page 7 of 47 September 12-13,2006 In the Bayshore/Gateway Triangle redevelopment overlay, our Future Land Use Element identified 388 units that are available within the overlay. Last year, through the amendment process, the board approved the MOP, the mixed use process. By this process, the board can relocate some of these units that are available and as an incentive to redevelopment -- for redevelopment of the Gateway overlay. This is not a rezone process. The zoning has already -- is already there. There's commercial, there's residential. So we're not rezoning. It's not a process to rezone property. It's a process by which an applicant can achieve two things; one, to be able to redevelop commercial with a mixture of residential and, two, to be granted units in addition to the underlying zoning that they have. So those are the two basic items that the board can n will allow a petitioner to have. And so with that, I will let the petitioner give you an overview of what they're proposing. CHAIRMAN HALAS: I have a question. MS. VALERA: Sure. CHAIRMAN HALAS: Couple of questions. In regards to the density, is there any way that we can limit the amount of density? That's number one. Number two, what was the amount of units that was stripped off of the Botanical Gardens, and that's my understanding, that's where the density's coming from? MS. VALERA: That is COlTect, 388 -- CHAIRMAN HALAS: And the third part ofthe question is, why didn't this go before the Planning Commission? MS. VALERA: Okay. CHAIRMAN HALAS: All right. MS. VALERA: Three hundred eighty-eight units do come from the Botanical Garden. Those the ones that are available for reallocation to any petitioner that qualifies for the mixed-use process, Page 167 Agenda IIem No.1 OC May 22. 2007 Page 8 of 47 September 12-13,2006 and those are properties that are both neighborhood/commercial, that I identified as neighborhood/commercial and waterfront. Those are the only two types of properties that can qualify for this mixed-use process. In regards to -- I'm sorry, the -- the other questions? CHAIRMAN HALAS: The other question is, why didn't this go to the Planning Commission. MS. VALERA: Oh, okay. The Planning Commission did review this mixed-use process as part of the amendment last year and recommended to the board approval of this process knowing -- they didn't know at the time that it will be a process that will go directly to the board. Now, keep in mind that once you -- if the board approves any mixed-use process, they have to meet the Growth Management Plan. They have to meet the Land Development Code with their design. So they're not asking for any additional units. They're not asking for any -- additional units that are within the overlay. And they're not asking for deviations from the code or the GMP or exemptions from the code or the GMP. CHAIRMAN HALAS: And the third question and I think you probably -- probably answered it is, I believe this particular project has two units -- or excuse me, 12 units per acre, and we -- do we have the ability to lower the density on this? MS . VALERA: You may allocate -- you can grant up to 12 units per acre, but you can -- yes. I mean, it is up to the board to decide how many units they will grant to the petitioner -_ CHAIRMAN HALAS: Okay. MS. VALERA: -- but the GMP, actually, that's why we have the number, the number 12, because that is the number of units that the Growth Management Plan will allow for those -- for the Gateway overlay to have. CHAIRMAN HALAS: Okay. But we do have the discretion to Page 168 Aoenda item No.1 OC ~ May 22, 2007 Page 9 =>f 47 September 12-13, 2006 lower it if we so desire? MS. VALERA: Yes. CHAIRMAN HALAS: Okay. And you said there's a total of 388 units. How many units is going to be stripped from the 388 that are going to be used on this project? MS. VALERA: Two hundred thirty-two. CHAIRMAN HALAS: Two thirty-two, okay. Are there any units out there that are also using the units off of Botanical Gardens, or is this the only PUD that's come forward so far? MS. VALERA: We have, in process, one more MUP, and that petition, so far they have not asked for any additions -- any units from the pool of units. CHAIRMAN HALAS: Okay. Thank you very much. MS. VALERA: Y ou're welcome. MR. FERNANDEZ: Good afternoon, Chairn1an Halas, Commissioners. My name is Michael Fernandez for the firm of Planning Development, and I'm here to represent and present to you the Arboretum Village mixed-use. As stated by Carolina, this is the first MUP to come before you, and I'm very happy to do so. We think we have an outstanding project, and I'll get right into it. It might be best at first to start with the context of where this is located. This is essentially a square parcel that includes an existing five-acre SDP commercial piece that has no buildings on it at this time, and the Bayshore Club Apartments, which has 200 apartments on it, and a six-acre water -- or water feature, which was actually and originally a borrow pit. It's surrounded by roadways. To the east it has Bayshore Drive, to the south it has Thomasson, to the west is Pine Street, and to the north is the main entry drive to Winds tar, thereby eliminating a lot of conflicts you have potentially with adjacencies and compatibility. The six-acre borrow pit that's located on the site currently Page 169 Agenda Item NO.1 OC May 22. 2007 Page 10 of 47 September 12-13, 2006 provides no water management for the site. It has a perimeter elevation of three. And during large rain events, it tends to spread out. It wasn't designed as a water management lake. The 200 apartments from the Bayshore Club were built approximately 25 years ago. They are not compliant currently with the flood elevation requirements nor with the hurricane building code. They have served a useful life, and those that may have gone through or who have lived there know that they're in need of significant repair and reinvestment. Originally this parcel was looked at as a condo conversion, however, the CRA staff and advisory board talked to the current owners and suggested to them that they may benefit and the community may benefit in tem1S of looking at it as a potential mixed-use project. They retained our firm, and we have developed a master plan jointly with the CRA advisory board, with CRA staff. This particular application has been reviewed by the CRA advisOlY board in six meetings, two that were solely for the purpose of discussing this project. It's had a significant public participation through that process. In addition to that, we had 15 meetings with staff. We also held, as required, a neighborhood information meeting, which was well attended and generally favorable. This is a true mixed-use project. By that, what I'm talking about is that there's a true integration of residential and commercial. The vast majority of the buildings here -- in fact, all but the ones in the far comer adjacent to Windstar are mixed use in nature, and by that I'm saying that they have a combination of residential and commercial. It's also a very open project. It's essentially a non gated community except for those 40 units, again, that snuggle up to Windstar back in the northwest comer of the site. The lake that currently exists is proposed to be reconfigured into two separate lakes, approximately three acres apiece. It will be Page 170 ----.-.. ---,_._-- -- I ,l\,oenda It 8m (\]0. 10C ~ May 22, 20G 7 Pclge11of47 September 12-13,2006 reconfigured and designed so that it would be able to maintain the water management requirements that are required by our community for a 25- and 100-year storm. The elevations of the project will be brought up to the required elevations of the new flood code. When we met with staff originally, they said, if you 're going to build in the coastal high hazard area, we really strongly recommend that you consider building those residential units above the flood elevation and even more so above the -- above parking. We have done so. Every unit that we are proposing to be built on this site will be above parking or above a commercial level, except potentially for one unit that may be required to meet the ADA code. That will place the units well above the flood elevations. And, of course, they will be built to the current hurricane standards. This project will also includes 150,000 square feet of neighborhood commercial. The neighborhood commercial will be just that. It's not proposed or anticipated that it would support a Baby Gap, Victoria's Secret or those kind of national chains. It doesn't relate to pass-by traffic as projects do on U.S. 4 l. Instead, it's located interior to the community and it will be absorbing trips and it will be serving the neighborhood, its own neighborhood, and the adjacent neighborhoods. The largest unit, commercial unit, on this proposed development is proposed to be 30,000 square feet as a maximum, and that's approximately half the size of a neighborhood Publix, and we are targeting a neighborhood grocer for that purpose. The rest of the commercial is integrated throughout the mixed-use project in units that are approximately 3,000 square feet and can be further broken down. And so we are looking at accommodating neighborhood uses in terms of offices such as real estate, insurance agents, doctors, dentists, people that would work and live in that particular community. There will also be some restaurants. If we have nationals, or Page 171 -'--..-.-.---.-.. Agenda Item No. 10C May 22,2007 Page 120147 September 12-13,2006 national chains, they'll probably be in terms of coffee shops and the like. The project has been designed to be uniquely stratified from -- in terms of compatibility and also intensity. In the far northwestern comer ofthe site, as I indicated, is the singular project or the singular building of singular residential, and then -- and these will be the largest and the most expensive units, and then they'll gradually go down in size and in price until you reach the comer. So we're looking at a nice economic mix. Prices starting at the low end just below 300,000, and at the high end, starting around $800,000, with a good variety in between. As part of the commitments we made going through the process and negotiating with the CRA advisory board, we won their unanimous favorable approval for the mixed-use project and nearly unanimous approval for the allocation of the 232 bonus density units we are requesting. We had originally proposed 30 units for gap housing level at 150 percent of the median income. They request 15, and we met that request. We've had further conversations since that point with them as well as some commissioners, yourselves, and we're here to also propose that we would provide $1,000 per unit above existing 200, so that would generate potentially as much as $247,000 in addition to that 50 cents per square foot which would generate an additional -- of the commercial, it would generate another 75,000. We've talked to COffilac Giblin upon suggestion. And one of the reasons our client feels comfortable in making these proposals is that these funds would be targeted or earmarked for the people that live there who may be displaced. There's 200 residents -- or 200 units right now. Some of those will probably meet the requirements of affordable or gap housing, and those funds would be first prioritized for their use. And we're going to Page 172 Am,nda Item No.1 DC ~ May 22.2007 Page 13 of 47 September 12-13,2006 be working with Cormac to create that fund and to make sure that allocation works appropriately. So in addition to that, we'll have the 15 percent of the gap -- of the bonus density units; at 232, would be 35 units would be in that housing range. We've gone beyond the traditional look of looking at affordability, and we've also, as I said, stratified the project in terms of cost, and that's reflected in, perhaps, also the amenities that we are offering. For instance, the lake amenity that's going to be closer and more -- closer proximity to the more expensive units will also have the largest proportionate share requirement of the association fees. And as I had stated earlier, most of those units -- or all those units are going to be raised; 382 of those units are designed to be above parking, above the secured reserve parking. Those units will have also a larger association fee to be paid. So we're looking at the smaller units and the more affordable units, the ones that -- the ones that are closer to the more intense areas oftlle development to be designed in telms of walk-up or 10ft units where essentially we can limit common facilities and thereby lowering the cost of the association fees. So there's a nexus between that price range and those association fees, therefore, addressing another issue that isn't cUlTently addressed by the programs that Collier County has. This project also is very unique in that it is going to extend the public realm, and I think that's one of the reasons it's been very, very well received. And that's because it has opened itself up, it's non-gated, there's no large parking lot, and, in fact, the grid system that's been designed into the project actually allows closure of the small park, which would allow it to facilitate art events, craft shows and the like, something that we need in our conul1unity. This board will hear, we believe next month, a petition or a Page 173 Agenda Item 1'"0, 10C May 22, 2007 September 12-Ff'3; 200tl resolution to proclaim this an arts district. And I think this is one project that's going to help facilitate that theme for this entire district. The art show that -- the Haldeman Creek festival that's previously been held there on Bayshore has a unique oppOliunity to move its -- move that event to this location and also to have winter festivals, fall festivals and the like. In addition to that roadway, we also have designed the project, and if someone has seen the iterations or the changes that this has gone through, you will notice that we have a larger area here that is available for public happenings for larger stage events. So we're looking at this to be not only be a unique mixed-use development, but one that becomes the heali of this particular district, a real anchor. This particular site -- and I think one of the reasons that we had the support of the advisory board is that this particular site was identified as one that they wanted to see all anchor occur on, a catalyst project, if you will, and a facilitator. One of the other items that the CRA advisory board requested of us is potential accommodation of a garage. We looked at the opportunity, we studied it, we modified our plan slightly, and we've been able to identify a location for that potential garage. In this graphic in this corner, you can see the -- two areas of the public use. One is the linear system, the boulevard that can accommodate the art festivals, and then the square that's closer to the corner had -- potentially would accommodate a parking garage of about 150 parking spaces per level. The Bayshore overlay would require such a parking garage to be above commercial. Our client would be providing the commercial and the county would be looking at doing the garage above that. We have agreed to allow two years for the county to make the decision on whether or not they wanted to pursue a garage. And my understanding, the idea of the concept is that you would have a series of garages from this site northward that then would be linked by some Page 174 Aoenda Item No. 10C - May 22, 2007 September 12-"r3~ W06' kind of facility, as far as transportation facility, that would accommodate events and basically transporting people from one area to another, facilitating, again, the concept of the arts district. fil~~~~.tI'lI!~~mi'itime,l~jll~irtll~_~B@blJi<\f@l'B'lally 1:.~,,1}~1J1~liar~r-e'~ef~ith..t11}~t}0i1i:1:li~,LQ11:il'1.l!l!11~_llral(: 1iSr:kel\1;tm~it1'iFt~tt't~tw~Yieal>;lperi0d"" Ifthe county does not elect to do it, then we have those additional stories to provide some ofthe residential units above those considerations. This, as I had mentioned, is a grid project, and that's one that is really suppOlied and encouraged in the Bayshore overlay district, and as such, allows for a lot of interconnection. We've proposed that the county's CAT system can utilize that same interloop; would be a nice place for them to locate a facility to allow people to get off and load, that is off the basic boulevard. So, again, it's facilitating good transportation. The mixed-use that we're proposing here is very conscious or it actually is velY good in terms of capturing trips. The trips that will be utilizing the commercial component of this are trips that would ordinarily probably have to go out to U.S. 41. So we're facilitating -- maintaining the comm -- maintaining the trips along 41 by having them redirected internally into the project. We think it's a very special project, it's well located. We're happy to address any issues that you may have. I guess one last point would be the name of Arboretum. We chose that name, our clients came up with it, because of it's adjacency and their commitment to vegetation and trees and being adjacent to the Botanical Gardens. There's a further commitment in our MUP application that we will provide a minimum of 40 percent open space on the project with a full 133 percent of the required 30 percent. So that shows -- in addition to the graphics that we have provided, that shows the greenways and pedestrian ways within the development, our Page 175 Agenda Item No.1 OC May 22. 2007 September 12f'r~ wot57 commitment to a project that has significant green space, open space, and pedestrian-friendly atmosphere. With that, I'd be happy to answer any of your questions. CHAIRMAN HALAS: I have one question. MR. FERNANDEZ: Yes, sir. CHAIRMAN HALAS: On this diagram that you have in front of us, where is the gated units going to be located? MR. FERNANDEZ: The only gated units are the 40 units -- CHAIRMAN HALAS: And on that diagram, could you show me? MR. FERNANDEZ: On this diagram? CHAIRMAN HALAS: Yes, sir. MR. FERNANDEZ: Back here. This is Windstar and this is Pine Street. It's-- COMMISSIONER FIALA: Move it down a little. CHAIRMAN HALAS: I can't see it. MR. FERNANDEZ: I'm sorry. It's this section right here on the other side of the lake. It's only those 40 units. They do not interfere with the general grid circulation system of the rest. CHAIRMAN HALAS: Okay. So you've almost got like a mote there, huh? MR. FERNANDEZ: Yes, sir. CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: Drawbridge. MR. FERNANDEZ: And that's less than 10 percent ofthe overall units. CHAIRMAN HALAS: Okay. Commissioner Fiala. COMMISSIONER FIALA: Yes. The propeliy is, what, 37 acres; did you say? MR. FERNANDEZ: Thirty-seven point two six, yes. COMMISSIONER FIALA: A11d you were saying like 40 percent is green space. I would guess green space includes the lakes. Page 176 A:;Jenda i;em ~0o. i0e May 22. 2007 September 12?PS~ ;2'(J('y6' MR. FERNANDEZ: Open space, yes, ma'am. COMMISSIONER FIALA: Open space. I'm sorry. MR. FERNANDEZ: Correct. COMMISSIONER FIALA: Yes, open space. And I'm wondering, if 40 percent of the 37 acres is dedicated to open space, how many acres left will you have to put~nits on? How tall will those buildings be? MR. FERNANDEZ: Well, the provisions in the code allow for total of four stories. We are providing three stories of residential for the residential component as a maximum. We're limited by the Growth Management Plan to four stories. Weare also limited by the Growth Management Plan to the relationship between the residential and the commercial, the commercial being on the first or second level. Over 50 percent of the parking is actually below the building, and that is how we really free up a lot. And it's actually, again, very consistent with what staff and FEMA have recommended and that those units be built above parking facilitating green space. COMMISSIONER FIALA: Let me see if! understood what you just said. So the parking is underneath the buildings -- which is a great idea, by the way -- would be pati of the consideration for open space? MR. FERNANDEZ: Excuse me? COMMISSIONER FIALA: The parking underneath -- MR. FERNANDEZ: Yes, ma'am. COMMISSIONER FIALA: -- the buildings would be considered open space? MR. FERNANDEZ: Oh, absolutely not. They're very much covered. We have a diagram here on sheet five of five that's in your packet. There's actually four diagrams. Y ou'll see in the second diagram over here with all the green space, and that's open space, green space, public open areas. There's a significant amount of open Page 177 l\aenda Item I~o. 1 DC - May 22. 2007 September 12.Ef'3~ ~6 space on this site. Again, it's a commitment to 133 percent of what the minimum requirement is for a mixed-use project. Weare not asking for any variances relative to building heights and we couldn't be granted any anyway because the Growth Management Plan specifically limits us to four stories. COMMISSIONER FIALA: Let me just ask one more question. I'm sorry. CHAIRMAN HALAS: No, no, that's good. COMMISSIONER FIALA: So from the ground were I'm standing, not FEMA or anything, from the ground to the tippity-top (phonetic) of the elevator shafts and so forth, what is that height? MR. FERNANDEZ: I could -- let me show you this graphic that actually comes out of the Land Development Code. This is actually in the Gateway overlay. And it's showing a total of four levels. And essentially what we're allowed to do is 56 feet for a four-story building, 42 feet for a three-story building to the tippy-top to, you know -- COMMISSIONER FIALA: All the roof accouterments. MR. FERNANDEZ: Roof accouterments as much as 70 feet would be the total maximum building height including any kind of roof forms. COMMISSIONER FIALA: Ah. MR. FERNANDEZ: What we have done -- and I'll show you a sketch of this. CHAIRMAN HALAS: I'd like to say that, you know, one of the things that we did change in the Land Development Code was that we wanted truth in advertising. MR. FERNANDEZ: Yes, sir. CHAIRMAN HALAS: And so I think instead of showing where you can put -- what the zone is, the real thing when you bring things before us, you can use the zone, but also be up front and tell us exactly what the real height of the building is. I think this is very important. Page 178 .I\genda Item I~o. 10C May 22. 2007 September 12~'1'3'; 100ti' MR. FERNANDEZ: Truth in advertising, I agree. CHAIRMAN HALAS: Exactly, okay. MR. FERNANDEZ: And we're not -- we're looking to meet the code requirements, and it's 70 feet for a four-story building; 56 feet for a three-story building. As you can see from that sketch, we actually have some lower commercial components to individual buildings, and then you have the residential components that are pari of that same building located behind it. This project and the way it's designed actually is very fluid in the way that it distributes commercial and residential. Again, it's a very true mixed-use development, and it allows for a significant change. It will avoid any kind of canyon effect that you would normally see. And we're committing to 96 feet between the closest buildings on either side of our boulevards that we've provided for. And in that regard, it's a very sensitive design. If you look at projects across the way, the Botanical place, that's the same standards they lived with as far as the building heights. Ours will actually be more varied in that we're looking at having one-, two-, tlu'ee- and four-story buildings. So you'll have modulation throughout the project. CHAIRMAN HALAS: Jfthere's no other questions, we'll have staff make their presentation, and then we'll open it up for public comment. MR. FERNANDEZ: Thank you very much, Commissioner. I'd like to reserve the right to come back and answer any of the additional questions or any issues that may arise from our comments from the public. Thank you very much. MS. VALERA: Again, Carolina Valera, Principal Planner with the Department of Zoning and Land Development Review. As noted in our executive summary, the proposal of this mixed-use development or the petition is for two things; one, to allow the mixed use and one to -- they're requesting 232 units from the pool Page 179 Agenda Item NO.1 DC May 22, 2007 September 12E1'3'; 200t1 that exists for the overlay, for the Bayshore overlay. This process, as I said before, it's unique, and it's only for this area. We -- and you, the board, have approved this process as a way to create incentives of redevelopment in that -- in that area. We looked at the criteria that we have for the mixed-use process, and -- which are outlined in pages 3 and 4 of the executive summary. And as noted in the executive summary, we are recommending approval of this MUP. With that, if you have any questions, I'll be glad to address them. CHAIRMAN HALAS: Okay. Commissioner Coyle? COMMISSIONER COYLE: I have a couple questions and the petitioner might have to get involved in answering these questions. First, how do we get a commitment on the price ranges for the affordable housing? That is a big issue here, and they've committed to having them starting at less than 300,000. How do we get a commitment to do that? MS. VALERA: I'll let the applicant respond to that. MR. FERNANDEZ: Commissioner, it is -- we are happy to enter into any kind of agreement or to amend the approval resolution that basically would state, we will have 15 percent of our gap housing, or 15 percent of the bonus density units allocated to be at a price point no more than 150 percent of median income, and then that provides a definitive number depending on when they come on-line, whether it's this year or next year or the following year. COMMISSION.gR FIALA: How much is 150 percent of the -- COMMISSIONER COYLE: And you're talking about 150 percent of median family income, which is roughly $75,000, I believe? MR. FERNANDEZ: If! remember correctly, and Cormac's here, and he can probably address it better than I can. That 150 percent came out to around a $300,000 unit, and that's what we're committing, that they would start at that price range. But none ofthose 15 percent Page 180 I'.aenda Item 1"0. 10C ~ May 22. 2007 September 12~'1'3~ ~oo8' would exceed 150 percent of that number. COMMISSIONER COYLE: Okay. Now-- CHAIRMAN HALAS: Are you saying -- excuse me. I'm sorry. COMMISSIONER COYLE: No. Go ahead. I have -- CHAIRMAN HALAS: Are you saying that somebody that's making $75,000 can afford a $300,000 mortgage? MR. FERNANDEZ: No, sir. I'm not saying that. I'm basically making a commitment to that] 5 percent of those units being allocated no more than] 50 percent, which would meet your gap guidelines. COMMISSIONER COYLE: What he's really saying is 150 percent of the median. So 75 plus 150 -- 50 percent of75 is going to get you up to about 110,000. And generally the guideline is that you can afford a house that is about three times your annual income. So that gets you up to about $330,000. MR. FERNANDEZ: I think: Cormac might be best to address that. COMMISSIONER COYLE: Yeab, yeah. CHAIRMAN HALAS: And that's including insurance, especially in this area. MR. GIBLIN: Good afternoon, Commissioners. Cormac Giblin, your Housing and Grants Manager. I put on the visualizer our current income limits. And this applicant has agreed to provide 15 percent of the bonus units, so 35 units -- let's just say the number -- as gap housing. And we typically -- this is not a new concept. We typically have requirements in many PUDs that -- we monitor them to be sure that they are sold to people meeting those income limits that I've put on the screen at the 150 percent adjusted for family size. The price of the unit and what insurance is or what taxes are need to be taken into account by the seller to be sure that it's priced within the affordability range of people in those incomes. CHAIRMAN HALAS: With the insurance? Page 181 Agenda Item NO.1 OC May 22, 2007 September] 2-Ff'g:; ~t1 MR. GIBLIN: Yes, sir. MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: And taxes. Now, if! could continue with a couple of other questions. Let's talk about the parking building. It's two -- it's a possibility of two to three levels over commercial. MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: How tall is that going to be? MR. FERNANDEZ: It would need to meet the same requirements of 56 feet. It could be no higher than 56 feet and by -- you know, as far as the actual height, that is 70 feet by the code. COMMISSIONER COYLE: Oh, wait, wait, wait, wait. You can't tell me you're going to have a three-story parking level over commercial that's going to be 70 feet. MR. FERNANDEZ: No, sir. I don't really anticipate that. I would not anticipate that we're going to hit that 56 feet, as far as the zoned height either. That's just the maximum. That project -- that pariicular building, of course, hasn't been designed. Especially when you go to parking, those parking levels will probably be, including the structure, about 10 feet floor to floor. So you would have three floors at 10 feet, which would be 30 feet, plus the first floor, which has a minimum ceiling requirement by the overlay district of 12 feet. So say a minimum -- so you'd end up maybe with 15. So about 45 feet measured height would probably be something that's a reasonable -- COMMISSIONER COYLE: Let's back up. MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: The top floor isn't covered, so you've only got two gaps, 10 feet and 10 feet. That gives you three levels, okay? MR. FERNANDEZ: Yes, sir. Now, the code, I think, would require us in this particular' area to meet the architectural design standards that are applicable. It probably would have some kind of Page 182 JI.oenda Item No. iOC ~ May 22. 2007 September 12?rg; 2'006 architectural finish and some roof form that would actually provide something. So it might go a little higher in this particular -- in this regard. COMMISSIONER COYLE: Okay. So we're talking about maybe 45 feet? MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: Max. Now, what is the setback at that point? MR. FERNANDEZ: The setback -- that paliicular building we're showing is approximately 80 feet off the property line. COMMISSIONER COYLE: And what do you do with respect to vegetative buffers? MR. FERNANDEZ: In that particular area, we have a 20-foot buffer, sir. COMMISSIONER COYLE: Okay. MR. FERNANDEZ: The actual code for this Bayshore overlay district actually does not require us to have a buffer along the perimeter roadways; however, in this project, we understand the sensitivity. We also understand that there's some issues with transportation. What we've done is intemalized that movement, and that allowed us to provide a 20-foot buffer at that edge. COMMISSIONER COYLE: Okay. Now, the -- is that going to be a type B buffer? MR. FERNANDEZ: No, sir. In our application, I believe 011 one of the sheets we actually detail what that is in terms of number of shrubs, numbers of trees and so forth, and that's articulated in there, and it's far above what the code requirements would be. COMMISSIONER COYLE: I would just like a comparison of between what you're providing and, let's say, a type B buffer. MR. FERNANDEZ: I think it's probably closer to a type D buffer, which is what's required adjacent to right-of-way, and it will exceed that requirement. Page 183 Agenda Item NO.1 OC May 22, 2007 September 12.Pp~~ ~6 COMMISSIONER COYLE: Okay. And that -- that's all clearly spelled out? MR. FERNANDEZ: Yes, sir, it is. COMMISSIONER COYLE: Staff happy with that? MS. VALERA: Commissioner, they do need to meet the minimum code of the overlay. They have to. They cannot -- we cannot allow them to -- the code wouldn't allow them to ask for any exemptions from minimum code. Anything above that, we'll being happy to take. COMMISSIONER COYLE: Y eah. You understand that I'm not interested in minimums. MS. VALERA: Understood. COMMISSIONER COYLE: This should be a quality development, it should be well screened. Y ou're going to have some pretty tall buildings. What's the height of this building? MR. FERNANDEZ: Again -- sorry, Commissioner. Again, what we're locking about is depending on whether or not it's a parking garage, or a parking garage that the county elects. And the county doesn't have to elect to put three levels either there. And if there is no garage, then we're probably look -- we're just looking at two stories, not -- COMMISSIONER COYLE: So you're not going to take the option of building those two or three levels if the county refuses to exercise the option? MR. FERNANDEZ: No. There's a slight possibility we might do one level, but not two. We have right now the ability to accommodate all our parking on grid, either below the existing buildings or along the edges. COMMISSIONER COYLE: Is that specified in the PUD, Staff? If the county fails or refuses to exercise its option for the two to three levels, that the number of parking levels there will be restricted Page 184 Aaenda Item No.1 OC - :,1ay 22,2007 September 12frg; 1006' to one parking level? MS. VALERA: I don't believe it is. Again, I mean, when they come for site development plan, they will have to show that they do meet all the requirements, including parking. But again, I mean, we caIIDot attach any conditions that will be different from what the code would allow unless it's above what the code requires. COMMISSIONER COYLE: Sure, we can. MS. VALERA: Above what -- COMMISSIONER COYLE: We attach conditions all the time. The deal is that you're going to give the county an option to build two or three levels. If the county doesn't build the option, what are you going to do? MR. FERNANDEZ: We'll limit it to tln'ee stories maximum, Commissioner. COMMISSIONER COYLE: Three stories maximum. MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: And that could be residential? MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: Which is fine, you know. Nothing wrong with that. MR. FERNANDEZ: Correct. COMMISSIONER COYLE: So would you specify that in the PUD -- or MUP? MR. FERNANDEZ: We're more than happy to make that as a condition of approval. COMMISSIONER COYLE: Okay. MR. FERNANDEZ: We'll stipulate to that. MS. VALERA: If I may-- COMMISSIONER COYLE: So if the county doesn't agree to build the parking levels -- MR. FERNANDEZ: Yes, sir. COMMISSIONER COYLE: -- or exercise the option to build Page 185 Agenda Item NO.1 DC May 22, 2007 September 12~'1'3~ 2'006' the parking levels, you have the right to build another level of residential there. MR. FERNANDEZ: It would just simply be a reallocation from one area to another, but no more -- COMMISSIONER COYLE: It wouldn't be increased density? MR. FERNANDEZ: No, it would not, sir. COMMISSIONER COYLE: Okay. All right. CHAIRMAN HALAS: Commissioner, I'd like to see us -- see if there's any possibility of any rental units that may be in that development. Not everybody can afford to jump into buying a unit there. Is there any possibility that there would be some rental units that would be available? MR. FERNANDEZ: We did look at that possibility and we discussed that at length with the advisory board. It does get problematic. It's very difficult in a mixed-use development like this, and we decided to only have condominium units in this one as opposed to rentals. CHAIRMAN HALAS: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. The last I'd heard on this subject actually -- and this is what I was going to ask as well is -- I understood that you were setting aside a few units, I think five at the time -- and I realize it's been a while since we spoke -- that were going to be rental units for -- hopefully for artists in the area. That's what I had remembered seeing. And, of course, you can't just stipulate artists, but they were saying that, and they were going to be a fixed rate rather than, you know, to be able to be sold and resold and resold to the point where nobody could afford them anyway. MR. FERNANDEZ: We did look at a variety of options, and we did discuss that, including with the eRA advisory board. The discussion of an artist community certainly was something that was Page 186 PG~;nda Item t~o. 10C - May 22, 2007 September 12f13'; 2006 considered and certainly something that they considered. Again, it became very challenging when somebody came up and staIied saying, well, who determines who is an artist? What is an artist? COMMISSIONER FIALA: I heard that conversation, yeah. MR. FERNANDEZ: And what are they going to do? And it became -- to the point where it's like, no, we don't want to get into that business, whether it's the CRA -- because at one time we had said that some of that allocation would be allocated actually to the CRA if they wanted to utilize the space above that garage and put some residential units above that. We were giving them that opportunity or that option. But we didn't want to get into the business of trying to determine who's an aIiist, who's not an artist, if they're practicing or not practicing. If that was an option that was desired, we were more thaI1 happy to provide that option to the CRA for them to construct some of our allocation over the garage, and that was something we looked at. But the CRA advisory board, I think, recognized, once we got into that discussion, some of the challenges that would entail. COMMISSIONER FIALA: That would have been good at a fixed rate rent. Second thing is, I know CRA has a -- has an architectural design and have -- I think you and I spoke about it in the past. And you're moving along in that direction to set the tone there for the area? MR. FERNANDEZ: Absolutely. And as you know, one of the architects is David Humphrey, who you're aware of, and we're ';X;~~'l'!~"ui.,;,h.. h . ,~.1,,,LC'J,~_:,d'Q,"~_-1,,,;\1@"""!/!n;Jj,..,<;IIl'~1iilI>,,,,,,,,,,,;k"'-~_ t'_WliFi>~~i~_l!;VM'llP,S1u~11~l(2Ii!I1e~~~);1~(I;~i~ I k ~"_ .;,t."~~"""I'~~<"'~'-~"-m;:,~,," 00 , ., "'~'.' ,'" ,," ",;<,'l!\\f.~l4'il;li!lii"i "'~' '~~"";\l!I.~.ilife!OO1~IIlli',.('r""i'" , ~~~, ..' Ef-' .~,-" COMMISSIONER FIALA: Great, thank you. CHAIRMAN HALAS: If there's no further questions, we'll open this up for public comment. MS. VALERA: If I may, Commissioner, I would like to just claI'iJy something real quick. Page 187 Aaenda Item NO.1 OC - May 22. 2007 Septcmbcr 12-PPg~:;roo'6' CHAIRMAN HALAS: Okay. MS. VALERA: Thank you. This is not a PUD, and because of that, we catU10t attach at1Y conditions that are above code to the document because there's no such document. We will put it in the resolution. Just wanted to clarify for the record. CHAIRMAN HALAS: Okay. MS. FILSON: Mr.-- MR. WEEKS: Commissioner? CHAIRMAN HALAS: Mr. Weeks, did you have something? MR. WEEKS: I sure do, Commissioner. David Weeks of your Comprehensive Department. Just need to advise you of a couple of changes that are needed to the resolution. For clarification, there's some possible discrepancy or issue between staff and the petitioner as to how many base dwelling units are assigned to this property. This does not change their request for 232 bonus units from that density pool. The concern is that the petitioner's asking for a total of 447 dwelling units. Staff believes that may be a little bit high by as much as 21 dwelling units. But we're not ready to -- we haven't resolved this and we don't need to do this in front of you. But what I would like to do then is change the resolution as follows: The title of the resolution on the seventh line from the bottom -- page 8 of your packet. Again, the title ofthe resolution, the seventh line from the bottom contains the number 447. Right before that I would like to insert the words, quote, up to a maximum of, end quote. On the next line behind the word units, insert, quote, as determined through the SDP process, end quote. CHAIRMAN HALAS: What is that now, again? MR. WEEKS: Behind the word units, insert, as determined through the SDP process. SDP stands for Site Development Plan. Their next step in this process. Page 188 Aaenda item 100" 1 DC - May 22" 2007 September 12:1'~ ~O'W And then under the second whereas paragraph following the title, again, right before the word -- the number 447 -- that's the next to the last line in that paragraph -- inseli the words, quote, up to, end quote. What this is doing is simply clarifYing that what you are doing today, if you approve this as requested, is granting the 232 bonus units, but that the total number of dwelling units will be determined at the time ofthe Site Development Plan stage, but it will not exceed 447 dwelling units. It simply may be less. CHAIRMAN HALAS: Less sounds better. MR. WEEKS: The other information I simply wish to put on the record -- I'm not raising an issue here. I just simply want the commission to be aware that the original density pool, as has been noted earlier today, is 388 dwelling units. A handful of units -- and I can't tell you how many exactly -- but I would say roughly 10 dwelling units have recently been approved from that pool by one or two previously approved Site Development Plans. They predated this mixed-use project process. CHAIRMAN HALAS: So what does that leave us in the pool? MR. WEEKS: Subtracting the 232, that would leave us approximately 146 dwelling units. CHAIRMAN HALAS: And minus the other ones that have been taken from this pool, right? MR. WEEKS: That included those. CHAIRMAN HALAS: Oh, it did. MR. WEEKS: So the 388 minus approximately 10, minus 232, leaves a balance of approximately 146 bonus pool units, and those can be assigned through this process, you know, subject to your approval, through the qualifYing propeliies either within the Bayshore mixed-use district, which this property lies within, but also applies to the Gateway triangle mixed-use development as well. Thank you. CHAIRMAN HALAS: Okay. I don't --I understand the process of where these units come from in regards to the Botanical Gardens, Page 189 Agenda Item No.1 OC May 22, 2007 September ] 2Er~ ~006 but I have some real concerns, especially this being in a coastal high hazard area. And so we're addressing this as we're going through, but I hope we don't get ourselves in another bind like this later on down the road because of the fact that -- MR. WEEKS: If you'll allow me to respond-- CHAIRMAN HALAS: -- especially with the advent of -- excuse me n more and more population coming in here to Collier County, I think we're going to have some other issues to address later on. MR. WEEKS: Briefly, Commissioners. The genesis of this zoning overlay goes back to the year 2000 when we adopted an overlay into the Future Land Use Element of our Growth Management Plan, and that overlay included this creation of this density pool of388 units. I can tell you that when we first transmitted the Growth Management Plan amendment that proposed to allow for additional density for mixed-use projects within this Bayshore/Gateway area, the Department of Community Affairs objected because it did not start out as a pool. We were simply going to allow for a density increase. But their very issue was, Collier County, you're raising density within the coastal high hazard area. Generally speaking, that's a line in the sand that they do not want crossed. At the adoption stage then is where we created this density pool, which the Department of Community Affairs did not object to because it is reallocation of units that had already been approved in the coastal high hazard area, not an increase. CHAIRMAN HALAS: Okay. Thank you very much. At this time we'll open n did you have something? COMMISSIONER COYLE: Yeah. I just want to emphasize that point. If we were increasing the density in this area, I would not support this project. But we're not increasing the density. We're keeping the density exactly where it was in the beginning. Page 190 I\aenda Item 1'<0, 10C - May 22, 2007 September 12"''1'3~ '210f)8' And so in that way we are being true to our coastal high hazard area zoning and sensitive to evacuation because those density units had already been approved and they were already a right to somebody. And so as long as we don't increase them, I feel comfortable. But if we were merely using these units to increase density, I wouldn't be supporting it. CHAIRMAN HALAS: Well, I understand where you're coming from. Let me just add, in the prior subject matter that was before us, we discussed in regards to the size, the width of the streets, and that type of an issue, so that's where I'm leaning in this. And I understand where you're coming from. It's just the idea that we want to make sure that we don't impede the ability for people to get out of that area. COMMISSIONER COYLE: That's right, yes. CHAIRMAN HALAS: So I guess now we're -- if we don't have any more comments from the -- MS. FILSON: Mr. Chairman, I have five speakers. The first one is Robert Crim. He'll be followed by David Jackson. MR. CRIM: I'm going to talk about miists. Can you see that? Not very well. My name is Robert Crim. I've been here before. Most of you recognize me, I think. I live in the Bayshore Club at 4460, number 234. Have been there in my CU11'ent location about a year, and was there previously in another apmiment, about two years previously to that. You might wonder why the little train there has relevance here. Everything you see in black, I statied with. Everything you see in brass -- doesn't come up very well -- I put on there with a gas torch. I'm the artist. I'm the person they're kicking out. So the idea that this is going to be some kind ofrich man's life among the artists, I think there's something a little bit -- on the sly there. Page 191 Agenda Item 1"0. 1 DC May 22. 2007 September 12..'}j; ~'O6" I don't know of any artist, other than maybe Tom Clancy or Danielle Steele who could have afforded the original proposal, which was between 500,000 and $900,000 per unit. Apparently they have come down a little bit on some ofthem. A good friend of mine, the man I'm replacing temporarily from one of my jobs, has a unit for -- they're currently selling for about three and a quarter in Lely, which is a duplicate of my apartment at Bayshore Club, except it's newer, it has a gate, it has a garage. They're not really giving up anything by coming down to 300,000. That's basically what the market says these units are really worth. Everything else is the exclusivity of putting it deeper into the unit or surrounding it with a mote. Now, all of this is kind of interesting because when I went to the plaIming and zoning commission over on Horseshoe Drive, they gave me a document which indicates that the eligible density bonuses for the CHHA include only affordable housing density bonus. That density bonus, as I understand it, is six units per acre. If they go from what they have, which is 200, up to what they want is to double it, more than double it, it seems to me that the affordable housing should be that extra amount. They found a way to get around that by going to the power broker, Mr. Jackson, who's your next speaker, and getting him to transfer all of these unincumbered units from the Arboretum. Now, this is a policy decision on the part ofMr. Jackson. He is determined that we're not going to have affordable housing in this area. We're going to have instead a rich man's place for whatever artist can afford it. It's certainly not going to be me. Now, for this reason I think that this is a totally improper process because it's not just that they're transferring units and keeping the density the same -- I don't know whether that's legitimate or not. I wasn't here when that was actually debated or done and have nothing to do with any of the other state agencies. Page 192 Agenda Ilem NO.1 DC May 22, 2007 September 12-1'3J;2D067 But I guarantee you that a policy decision like this is really a zoning change. It requires a supermajority vote from this commission. And I deny that Mr. Jackson or his agency or any of the others -- CHAIRMAN HALAS: Sir. MR. CRlM: -- have any authority -- CHAIRMAN HALAS : Your time -- MR. CRlM: -- to do that on their own. You need to do it yourselves. CHAIRMAN HALAS: Thank you very much. MS. FILSON: Your next speaker is David Jackson. He'll be followed by Karen Beatty. MR. JACKSON: Good. Thank you. David Jackson, Collier County Redevelopment Agency. The advisory board has had numerous meetings with the applicant, and it also had community meetings in which they were open to the public, and we had many people come to those meetings and feud what was going on. And in that conversation and in that process, a lot of things changed and a lot of things moved around. I'd like to cover a couple of items. We did recommend rentals, and that was a process where they looked at where they would be and what they would do and how they would fit. They offered to the CRA to have about 30 units that we would manage, but we're not in the housing management process. So we let that one go. The parking garage. We looked at it as a great opportunity for the CRA to provide public parking spaces for large events and activities above and beyond what they've met in the requirement. Commissioner Coyle, that two levels, we didn't expect to go more than two levels in the parking garage, maybe even only one would be required. A lot of it has to do with cost, and also what we wanted was the option that if, within the next two years as the area gets built out, if there is a commitment and a requirement for it, that Page 193 Agenda Item NO.1 OC May 22, 2007 September 12J'f""'5; :ro"0@, we would step up to the plate and do that. The developer would build it for us. We would just fund it. And we'd have to, obviously, bring it to the CRA board and look for approval on that. The 388 density bonus units, I am very glad that Mr. Weeks and Commissioner Coyle did point out, you are not increasing the density in the area. Every one of the 388 units came out of the flood zone, the coastal high hazard area. They're all going to go right back into it. And why? Because the entire CRA boundary is within the coastal high hazard area where they can go. All you're going to do is you're going to spread them around. We have no problem in the CRA advisory board and me as your executive director for the CRA' letting them have up to the 232 units. And the reason is, it builds a very good project. It is needed in there. It reduces trips. It keeps people in the area. They don't have to now get out on 41 and AirpOli-Pulling to go to a store, to go to the services that they require. You're looking at it in the coastal high hazard -- I mean outside in the area there of providing those kinds of services. Well, this does there, and it keeps it in there where people can walk, bike, live, walk, play. And it's a very good project. We do support it wholeheatiedly, and we have no problem with the 232 units. The remaining, as I now found out, is 146 instead of my computation of 156 units left. If you did the math on that, you know, taking away one in the coastal high hazard when you have four units authorized by land, take one away, you have three. You do the math out of it, we would have to have another 20-acre project in order to use up the rest of those units. There isn't 20 acres available out there that have a commercial component on it. We have two five-acre parcels that may ask for a portion of it. Page 194 Aoenda !tem ~~o. 1 DC ~ May 22. 2007 September 12:F~; ~67 So by just the fact of land, the way it's built, and the parcels out there, you're going to see that the rest of the units are going to get spread out into the Gateway triangle area and along Bayshore, so that kind of a density will not be happening. CHAIRMAN HALAS: Okay. Thank: you very much. MS. FILSON: Next speaker is Karen Beatty. She'll be followed by Steve Main. MS. BEATTY: Chairman and Commissioners, I am on the board of the Community Redevelopment Agency Advisory Board, and I've lived in the Bayshore Drive area since 1984. I am thrilled to death about this Arboretum Village. I think it's a wonderful thing and it's a long time coming. The principals of the Arboretum Village have had many options of what they could do. They bought this propeliy in -- eight years ago before the CRA was even developed, and they had original intentions, from what they've told me, to make this a condo conversion. That would mean the corner propeliy that was for sale by Poteet Propeliies for a long time would have gone to someone else and it would have been separated. They also could have done many other things. They could have made it into a gated community or possibly applied to have it almexed into Windstar. There's a number of things that they could have done. What they chose is very congruent with the redevelopment agency, the Botanical Gardens. It rounds off and balances out that corner very well. It integrates with the community. It -- as David said, it keeps people in the area. I'm very excited about having local grocer and other small stores there. I think it's a great concept. They're creative thinkers. They have come up with an architectural theme there. It's out of the box. It's not in the box. It's not cookie cutter, and it's very green, which is wonderful. That COlmects very well with the Botal1ical Gardens next door. Page 195 Agenda Item No. 10e May 22, 2007 September 12-''t~; w(l)(57 So I vote a big yes for this, and I hope that you're congruent for it, too. And I'm glad that Mr. Coyle mentioned about the density and the evacuation and how that ties in. I see that that's true, and I'm glad that you brought that up. That's a very important idea to bring up to everyone. CHAIRMAN HALAS: Thank you very much. MS. FILSON: Next speaker is Steve Main. He'll be followed by Bill Neal. MR. MAIN: Thank you. My name is Steve Main. I'm also a member of the CRA Advisory Board. We have been working through several of our meetings, have been many neighborhood information meetings and other meetings that took place with the developer. I, too, am extremely thrilled about the opportunity that we have here with this parcel of property and what it can do in terms of providing sort of a beacon and a catalyst project for the redevelopment of our area there. I'm also a business owner in the Bayshore area currently on Bayshore Drive and moving up to U.S. 41. So I hope that you, too, will support this project in the way that we have. Talking a little bit about the parking garage. We had looked at that as a great oPPOliunity. The builder and developer has been extremely open with this and providing that opportunity if we take it and avail ourselves of the opportunity to have parking there for some of the things that we see in the future for the area. So, again, I urge that you suppOli this project and help us with the redevelopment in the Bayshore area. Thank you. CHAIRMAN HALAS: Thank you. MS. FILSON: Next speaker is Bill Neal. MR. NEAL: Thank you, again, Commissioners, I'm Bill Neal, your Advisory Board Chairman. I could almost sing the same song and second versus up here Page 196 I\:Jenja Item No.1 OC ~ May 22, 2007 September] 2-"1"3; :27G(1)(57 again. As I said earlier, the things that we're doing in Bayshore is the dream and the plan that we have to improve that area. I don't think any of you live in Bayshore, and I don't say that derogatory. I say that we live there. We're trying to improve our area. And everything we bring to you is brought to you based on the rules and regulations that we have to operation under. And again, not to beat a dead horse, but density, we're not violating the density program that we have. As a matter of fact, we're bringing to you some propeliy that we're going to ask for your help to turn into a park that will reduce density. This is coming to you later. So we're still looking at the big picture. I encourage you -- as I said earlier, each of these individual projects is forcing us to not look at what we're trying to accomplish in the Bayshore area. Please try to keep that vision that we have that we've submitted to you, the overlay and all the things that we want to make this a better place for all of us that live there to live in. Thank you. CHAIRMAN HALAS: Okay. MS. FILSON: Mr. Chairman, that was your final speaker. CHAIRMAN HALAS: Okay. Commissioner Henning has a question, and then I'd like to take a break for our comi reporter. She's been here almost -- pretty close to two hours, okay? Commissioner Helming? COMMISSIONER HENNING: Oh, not a question. I'm just, you know, remembering, we did approve a lot of affordable housing in this area. What I see is what's being proposed is a great mixture of the community. And I personally think it's a great plan. I'll support any of the commissioners that are familiar with the CRA in favor of the project. CHAIRMAN HALAS: Okay. Commissioner Coletta, and then we'll take a break. COMMISSIONER COLETTA: Okay, sir. Thank you. Ijust Page 197 Aaenda Item No.1 OC ~ May 22, 2007 September 12."Pg; ~g want to say that I had great concerns over the -- how this was going to work out, the fact that we were having units built, that so much high-end development's been taking place in this area, about the people that have to service the area. What put me at rest was the fact that the petitioner has come forward and is willing to come up with a fund that will be able to help some of those people that aren't being displaced. CHAIRMAN HALAS: Okay. At this time we'll take a 10-minute break, and I ask my commissioners if they hopefully hold -- COMMISSIONER COYLE: Be prompt, right? CHAIRMAN HALAS: Yeah, be prompt, please. We've got a lot to do. Thank you very much. (A brief recess was had.) MR. MUDD: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a hot mike. CHAIRMAN HALAS: Thank you, County Manager. If everyone would take their seats. Before we proceed, we're going to -- MR. MUDD: Commissioner, let the court repOlier take her seat. CHAIRMAN HALAS: Oh, I'm sorry. The most impOliant person. MR. MUDD: Yes, sir. CHAIRMAN HALAS: Before we carryon, Ijust want to let everybody know that I'm sure that we're going to be rUlming into tomorrow, so we'll probably cut this off at 6:30 tonight in regards to this because we've been here since nine o'clock this morning. So we're going to work through tins as diligently as we can, and at 6:30, we're -- or thereabouts, we're going to recess until tomorrow morning. So I just want to let everybody know at this point in time. So I believe we're in the process of discussion in regards to the item that we just heard. So at this point in time, is there any further discussion on our -- Page 198 A,qenda !tem No.1 OC , May 22, 2007 September 12lf'3; ~{)0(57 from commissioners in regards to this item? (No response.) CHAIRMAN HALAS: Ifnot, I entertain a motion. COMMISSIONER FIALA: This is Commissioner Coyle's district. CHAIRMAN HALAS: Okay. COMMISSIONER FIALA: Maybe he wants to -- CHAIRMAN HALAS: Well, can we find where Mr. Coyle is? MS. FILSON: I know where he is. CHAIRMAN HALAS: You do? COMMISSIONER FIALA: He'll be here in a minute. CHAIRMAN HALAS: All right. Commissioner Coyle? COMMISSIONER COYLE: You called? CHAIRMAN HALAS: Yes, sir. COMMISSIONER FIALA: What an entrance. CHAIRMAN HALAS: We just discussed that we're to the point now -- COMMISSIONER COYLE: Yep, I got it. We're going to adjourn at 6:30 or thereabouts -- CHAIRMAN HALAS: Yes, sir. COMMISSIONER COYLE: -- and then we will continue. CHAIRMAN HALAS: That's correct. And we're -- at this point we're out of discussion and so we're looking forward to a motion one way or another, on the item that we just discussed before the break. So I -- COMMISSIONER COYLE: Could we review that, please? CHAIRMAN HALAS: Short memory. Okay. Does anybody have a -- COMMISSIONER COYLE: Motion to approve. CHAIRMAN HALAS: Okay. Do we have-- COMMISSIONER FIALA: Second. CHAIRMAN HALAS: All right. We have a motion on the floor Page] 99 Agenda item NO.1 OC May 22, 2007 September 12.f}~i' 20067 COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN HALAS: Yes. COMMISSIONER HENNING: Does the motion include the changes to the resolution, the header-- COMMISSIONER FIALA: By David Weeks? CHAIRMAN HALAS: Yep: COMMISSIONER COYLE: Yep. COMMISSIONER HENNING: -- that was put on the record by David Weeks? CHAIRMAN HALAS: Okay. COMMISSIONER COYLE: And it also includes the commitments that were made by the petitioner on the record -- MR. FERNANDEZ: Yes. COMMISSIONER COYLE: -- with affordable housing, and the parking levels. MR. FERNANDEZ: Excuse me, Commissioner. The assistant county attorney asked me to read into the record these items, if you would like me to, that we made a commitment to. Is that all right? CHAIRMAN HALAS: Good. Yes, please do, that way we'll make sure we get it in the record. MR. FERNANDEZ: It's so it can be attached to the resolution. Item one, a minimum of 40 percent open space. Item number two, a 20- foot type D buffer with CRA hardscape along the Bayshore and Thomasson Drives we're abutting the garage structure on the corner, or potential garage structure on the corner. Item number three, 15 percent of the bonus density unit shall have price points of less or equal to 150 percent of the gap definition of median income or appropriate for them as worked out with the county's housing staff. Number four, $1,000 per unit above the base 200 units and 50 cents per square foot of developed commercial due at closing or per Page 200 Anenda Item NO.1 OC , May 22. 2007 September 12.?pg; 20067 the housing program that will be developed jointly with the county to addressing the needs and targeting those individuals that are residents of the current development. Number six, if no public garage in the corner is developed with the county, then that structure shall be limited to three stories. CHAIRMAN HALAS: Okay. County attorney, did we cover all items of interest in this motion? MS. STUDENT-STIRLING: I believe you did. CHAIRMAN HALAS: Okay. Is that in your motion? COMMISSIONER COYLE: It is, but I'm not sure that you mentioned the limitation of 447 units, up to. MR. FERNANDEZ: We concur with the amendments that were put on the record earlier by staff. COMMISSIONER COYLE: Good, good. Then I think that covers everything. MS. STUDENT-STIRLING: I thought Commissioner Henning had alluded to that, but I may have been in error. Thank you. CHAIRMAN HALAS: And that's in your second, Commissioner? COMMISSIONER FIALA: Uh-huh. CHAIRMAN HALAS: Okay. Yes, County Attorney. MR. WEIGEL: Thank: you. In regard to the affordable housing and all that's been stated thereupon, if the county should develop and approve an affordable housing or mitigation fee related to affordable housing, I would ask that the board recognize or consider that everything that has been stated by Mr. Fernandez on behalf of the client be taken into account in regard to crediting toward any fee in case there's disparity that should come into play in future months here. CHAIRMAN HALAS: Okay. C01'viMISSIONER COYLE: Okay. CHAIRMAN HALAS: Do you agree with that? MR. WEIGEL: Margie says she thought that was already stated, Page 201 Aaenda Item NO.1 OC ~ May 22, 2007 September 12-'t~; ~W but -- MS. STUDENT-STIRLING: I thought that was already stated. I thought that had been said by Mr. Fernandez. CHAIRMAN HALAS: Ijust want to make sure we get everything in the motion and it's on record. MR. WEIGEL: Thank: you. COMMISSIONER COYLE: Good. I'm okay. CHAIRMAN HALAS: Is there any further discussion? (No response.) CHAIRMAN HALAS: Hearing none, I'll call the question. All those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN HALAS: Opposed, by like sign. (No response.) CHAIRMAN HALAS: Motion carries. MR. FERNANDEZ: Thank you very much, Commissioners. Item #8C ORDINANCE 2006-41: PUDA-2005-AR-8832, CREEKSIDE WEST, INC., REPRESENTED BY D. WAYNE ARNOLD, AICP, OF Q. GRADY MINOR & ASSOCIATES, P.A., AND R. BRUCE ANDERSON, ESQUIRE, OF ROETZEL & ANDRESS, L.P.A., REQUESTING A PUD AMENDMENT TO THE CREEKSIDE COMMERCE PARK PUD. THIS AMENDMENT PROPOSES TO REDUCE THE AREA OF THE CREEKSIDE PUD BY APPROXIMATEL Y 2.32 ACRES AND REZONE THE AREA FROM CREEKSIDE COMMERCE PARK PUD TO NAPLES Page 202 .Clgenda item NO.1 OC May 22, 2007 Page43 0147 RESOLUTION NO. 06-~ A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING THE ARBORETUM VILLAGE AS A MIXED USE PROJECT (MUP) IN THE BAYSHORE DRIVE MIXED USE ZONING OVERLAY DISTRICT, NEIGHBORHOOD COMMERCIAL SUB-DISTRICT (BMUD.NC), COMPRISING 37.26:!; ACRES PURSUANT TO lAND DEVELOPMENT CODE SEC. 2.03.07 1.3.; PROVIDING FOR DESIGNATION AS "MUP," AND APPROVING UP TO A MAXIMUM OF 447 RESIDENTIAL DWELLING UNITS INCLUDING 232 BONUS DENSITY UNITS AS DETERMINED THROUGH THE SOP PROCESS AND 150,000 SQUARE FEET OF PERMITTED COMMERCIAL USES; AND PROVIDING FOR CONCEPTUAL SITE PLAN APPROVAL, FOR PARCELS LOCATED AT THE NORTHWEST CORNER OF BAYSHORE DRIVE AND THOMASSON DRIVE. WHEREAS, Arboretum Development. LLC (herein referred to as "Owner") owns two parcels comprising approximately 37.26 ! acres, described below, that are located within the boundaries of the Bayshore Mixed Use Overlay District ('BMUD") and within the Neighborhood Commercial Sub-district (BMUD-NC), all comprising a portion of tha Bayshore-Gateway Community Redevelopment Area (CRA), located in Collier County, Florida at the northwest corner of Bayshore Drive and Thomasson Drive; and WHEREAS, Owner. through its agent, Mlcheel R. Fernandez, AICP, of Planning Development. Incorporated, In accordance with Section 2.03.07. 1.3., of the Collier County Land Development Code ("LDC") has petitioned the Collier County Board of County Commissioners ("Board") pursuant to Petition Number MUP-2006-AR-9898, for approval of a Mixed Use Project ("MUP") in the Bayshore Drive Mixed Use Overlay District, proposing up to a maximum of 447 residential units and 150,000 square feet of commercial floor area for the subject lands to be known as Arboretum Village; and WHEREAS, Owner has timely submitled a sufficient MUP Application ("Application") for the Arboretum Village MUP plan for the lands described below; and WHEREAS. Collier County Staff has reviewed the Application, Including a Conceptual Sile Plan demonstrating compliance with LDC Section 10.03.05. G., along with support documentation and information required by LDC Section 2.03.07. 1.3., and determined that the Application and Conceptual Site Plan are sufficient; and WHEREAS, the Board has determined that the LDC notice and neighborhood information meeting (NIM) requirements applicable to the Application set forth in Section 10.03.05 G, have been complied with; and that Arboretum Village MUP has been recommended for approval by the Bayshore-Gateway CRA Advisory Board. POlgD 1 013 .Agenda Item NO.1 OC May 22, 2007 Page 44 of 47 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMISSIONERS OF COLLIER COUNTY. FLOR'DA that: 1. The foregoing WHEREAS clauses are hereby adopted as if set forth fully herein. 2. The lands described in attached Exhibit "A," consisting of approximately 37.26 + acres are hereby designated as a Mixed Use Project ("MUP"), and be-officially designated as "MUP" on the Official Zoning Atlas M.p. subject to the Conceptual Site Plan atteched as Exhibit "B," and subject to compllence with the requirements of LDC Section 2.03.07. I. 3. d., i. through Iv. The requirements of LDC Section 2.03.07 I. 4" have been met and the Arboretum Village MUP is approved for, and hereby allocated. two. hundred and thirty-two (232) Bonus Density Units. The Conceptual Site Plan for the Arboretum Village MUP attached hereto as Exhibit "B" is hereby approved with the following conditions: 3. 4. a. The developer shail provide a minimum of 40% open space. b, The developer shall provide the landscape instailation as required for a Type D Landscape Buffer pursuant to the LDC, within a 20 foot wide buffer width for those segments along Thomasson and Bayshore Drives fronting the structure(s) identified by the MUP Master Plan as designated for accommodation of the potential CRA parking garage. This width may addltionaily accommodate CRA hardscape requirements for these public roads. c. Fifteen (15%) percent of the bonus density units shail heve a sales price point which is equal to or less than the sum associated with GAP Housing, at 150% of the median income basis. d. The developer shall contribute $1,000.00 per unit developed above the 200 existing replacement units. These funds shall be targeted toward meeting the relocation and housing needs of the eligible residents of the Bayshore Club Apartments who will be displaced by the proposed project. Such funds shall be contributed no laler than the lime of closing of the individual unit sales, provided that the developer shall receive credit for any contributions made prior to that time 10 such eligible tenants, under the terms to be cooperatively agreed upon wjlh the Collier County Operations Support and Housing Staff. e. The developer shall contribute fifty ($0.50) cents per square foot of commercial building. Such funds shail be contributed at or prior to the issuance of the associated commercial or mixed use building permit, In Ihe amount directly associated with such individual building permit commercial square footage. The developer shall receive credit for any contributions made prior to that time to such eligible tenants, under the terms to be cooperatively agreed upon with the Collier County Operations Support and Housing Staff, \. The structure(s) identified by the MUP Mester Plan as designated for accommodation of the potential CRA parking garage, shall be limited to a maximum of three (3) stories should the CRA not elect to exercise its optlon to fund a garage over the proposad commercial base. g, Should Collier County develop and approve an affordable housing fee or mitigation fee. funds contributed by the developer pursuen! to 'tems Pago2of,J l\genda Item No, 10C I\iay 22, 2007 Page 45 of 47 Paragraphs 4d. and 4e. above, shall be credited toward that fee, in the case of any disparIty. 5. Once the property owner, through the MUP approval process, commences constructfon of the proposed development project under the provisions of the Mixed Use Subdistrict, those lands shall only be developed in compliance with all provisions of the BMUD Overlay and shall not revert bar.k to the underlying zoning district. BE IT RESOLVED that this Resolution relating to Petllion Number MUP-2006 AR-9a9a be recorded In the minutes of this Board. THIS RESOLUTION ADOPTED this 12th day of September, 2006, after a Motion. second. and majority vote. ArrEST: DWIGHT E BROCK BOARD OF COUNTY COMMISSIONERS COLliER COUNTY, FLORIDA \!,~ 01-~I.k~ .0000w be ,tt~.t. IS. "" Cll~ lnoan, [leput)' Cierk """"~.'llll~.' By: ~~ -l'~-,' FRANK A. HALAS, Chairman Approved as to form and legai sufficiency: -ff\Cl;J;j ,-,~n, . /Xcc,ou,d" - !)1:"tl..',-..:.~ Marjori' . Student-Stiriing J Assistant County Attorney NAPLESlll1lJ7,QI I"age 3 of.~ Agenda Item NO.1 oe May 22. 2007 ,-'- dr>".c 'N ACCORDANCE WI11I F.A.C. 6IG15-l0.003. TIlE PARCELDESCRII'rION PROVIDED HEREIN IS FOR1NFORMAT'ONAL PURPOSES 0l'll:Y. THE_ ENGINEER OF RECORD AND PLANNINO DEVELOPMENT INCORPORATED ARE NOT RESPONS'"LE FOR ANY INACCURRANCIES NOR FOR THE RELIANCE OF ANY TIUltD PARTY ON THE INFORMA nON PROVIDED. THIS LEGAL DESCRlPTION IS CONSIDERED CORRECT AT THET'ME OF INCLUSION ON THIS DRAWING. CONFIRM THE SUBJECT DEVELOPMENT PARCEL(S) LEGAL DESCRIPTION WITH THELASTEST BOUNDARY SURVEY WHICH MAY INCLUDE UPDATES AND/OR AMENDMENTS. THE LEGAL DESCRIPTION FROM SURVEY BY CONSUL TEeT SURVEY & MAPPING, INC.; ROBeRT J. BILLS, PSM. 4698, DA TED 04.26.U6: LEGAL DESCRIPTION PARCEL I: LEGAL DESCRlPTION FROM OFFICIAL RECORDS BOOK 2393, rAGE 390, PUBLIC RECORDS OF COLLIER COUNTY, FLORlDA, COMMENCING AT TIlE SOUTH Y. CORNER OF SEcnON 14, TOWNSHrP 50 soum, RANGE 25 EAST, COI.L1BR COUNTY, nORlDA, SAID POINT BEING THE SOUTllWESTCORNER OF LOT 5. OF NAPLES GROVE AND TRUCK CO'S LITILE FARMS NO.2, ACCORDING TO THE PLAT TIlEREOF AS RECORDED IN PLAT BOOK I, PAGE 21, OF TlIE PUBUC RECORDS OF COLUER COUNTY, FLORlDA; TIlSNCE ALONG TIlE NORTH AND SOUTH y, LINE OF SECTION 14 AND ALONG THE WEST LINE OF LOT 59 TO SAID NAPLES GROVES AND mUCK CO'S LITTLE FARMS NO.2, NORTH 0"13' I 0" WEST 50,0 FEET TO THE. NORTH RlGHT.OF~ W ^ Y UNE OF S.858, {ffiOMASSON DRfVE); THENCE ALONG SAID NOR111 RIGHT-OF-WAY LINE NORTH 89045'16" EAST, 30.00 FEETTQTHE EAST RIGHT OF WAY LINE OF PINE STREET AND THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; llIENCE ALONG SAID EAST RIGHT~OF-WA Y LINE, NORTIl OGI~'IOh WEST 12&2.27 FEET TO TIJE NORTH LINE OF LOT 56 OF SA.ID NAPLES GROVE!. AND TRUCK CO'S UTTL~FARMS NO. 2; THENCE ALONa SAID NORTH LINE, NORTH '89~41 '31" EAST. 1265.08 FEET TO THE WEST RIGHT OF WAY LINE OF S-858 (KELLY ROAD); THENCE ALONG SAID WF.sT RlOHT~OF.W A Y LINE, SOUTH 0"17'5 I" EAST, 800,00 FEET; THENCE sOUTH 8904"31" WEST 45\.16 FEET; TIIENCE SOUTH 0"17'51" EAST 483.12 FEET TOllm NORTH RIGHT-Of-WAY UNE OF SAID S-B5S (THOMASSON DroVE); THENCE ALONG SAID NORTH RJGHT-OF-WAY tiNE, SOUTI-189l:-4S'16"WEST 815.00 FEtITTOTHE PLACE OF BEGrNNfNG. llGlNG A PART OF LOT 56, A PART OF LOT 51, A PART Of LOT 58, AND A PART OF LOT 59 OF SAID NAPLES GROVE AND TRUCK CO'S UTrLE FARMS NO.2, COLLIERCOUNTV, FLORIDA. AND: PARCRL 21 COMMENCING AT TIlE SOUTH V. CORNER OF SECTION 14, TOWNSHrP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 59 OF NAPLES GROVP. AND TRUCK CO'S LIlTLEFARMS NO.2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 27, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH AND SOUTH Y. UNE OF SAID SECTION 14 AND ALONG THE WEST LINE OF LOT 59 OF SAID NAPLES GROVE AND TRUCK CO'S LlTl1.E FARMS NO. 2, NORTIl OO'Ino" WEST, 50.00 FEET, TO TH~ NORTH R1GHT-OF-WA Y LINE OF S,858 (THOMASSON DRlVE); THENCE ALONG SAID NORTH RIGHT-OF,WAY LINE, NORTll 59045'15" EAST 845.00 FEET, FOR rLACE OF BEGINNING 01' THE PARCEL HERElN DESCRlBED: THENCE NORTH 00.17'5 l" WUST, 483.12 FEET; TliENCE NORTH 89041'3\" EAST, 451.16 FEET. TO TIlE WEST RlGHT-OF-W A Y LINE OF S'85B (KELLY ROAD); THENCE ALONG SAID WEST RlGHT.OF-WA Y LINE, SOUTH I>:l'11'51" EAST, 433.61 FEET: THEN CONTINUiNG ALONG SAlD RrGHT.Olq:l,'AY LINE, sounlWESTERLV, 78.5& FEET ALONG THE ARC OF A crRCULAR CURVE, CONCAVE TO THn NORTHWEST, RADIUS 50.00 f"EET, SUATENDED BY ^ CHORD WHICH BEARS SOUTH 44043'42" WRST, 70.74; THENCE ALONG THE NORnr RIGHT.OF.WAY LINE OF $-858 (THOMASSON DRIVE), SOUTH'8~"45'16" WEST 401.76 FEF.T TO THE PLAC2 Of" BEGINNING. . . BEING ^ PART OF LOT 58 AND A PART Of LOT 59 OF SAID NAPLES GROVE AND TRUCK CO'S urrLE fARMS NO, 2, COLLIER COUNTY. FLOR'DA. CONTAIN1NG 500 ACRES, THE ABOVE DESCRIBED 2 PARCELS CONTAIN 31.26 ACRES EXHIBIT A or--l'-- ....,07 ;:0...... ,"J 0 o "f'-- Z~"T E>-~ Q)~ ..,.., =.2::cL CU " ill .:J> <t """",,- -- -~..s..- __IN_____ hlfK' V4:/I'01I m.rtK ., u.m. :wlIa trrQ.!n:l "It -..--..- . -..-..- t;l~'UI<::IlI'r~DNt'l'l{iIIIYU"lo'33MOlUl,llNjl1S!<<:QJTGrIdOla.lOO 031~Od'tlDJN! lN3tvd013t\3a DNfNNV7ti ~ I ~. 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'" "Efj" ~ Agenda item NO.1 OD May 22.2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners accept an interim report from the Habitat Conservation Plan Advisory Committee and provide the Committee direction for future efforts OBJECTIVE: To have the Board of County Commissioners (BCC) accept an interim report from the Habitat Conservation Plan Advisory Committee (Committee) and provide the Committee direction for future efforts CONSIDERA nON: The BCC adopted Resolution 2005-174 establishing the Habitat Conservation Plan Ad,hoc Advisory Committee with the primary purpose to assess the feasibility of a Habitat Conservation Plan (HCP) to address red-cockaded woodpeckcrs (RCWs). Subsequent to this resolution, the BCC adopted Resolution 2006-41 to add additional members to the Committee and to broaden the scope of an HCP to be a multi-species plan that, depending on geographical scope, would need to address more listed species than just RCW s. Resolution 2006-41 identifies the following functions and duties for the Committee: A. To serve as a fiJrllln fiJl- community review and discussion rcgarding Habitat Conservation Plans ....-. B. To evaluate thefeasibility o(using Habitat Cmlse/1'ation PlallS to protect endangered species in Collier Coun(v, excluding the Rural Lands Stewardship Area, and in particular to cxplore the ramifications o(multi-.\pecies HCPs, including thefi!lloHing elcments: 1. Issucs of geographical scopc and coverage of HCPs 2. 17/e species u.\.....,odatcd levith the geographical scope 3. Types o( impacting activitics, including County infi'astructurc needs; 4. Financial impacts ofnndti-,Ipecies HCPs 5. Community support ofHCPs and 6. Altcrnatives to HCPs ifHC?s are not deemedfeasible C. To provide a rccommendation 10 thc Board of County Commissioncrs regarding the development and implementation of Habitat Conscrvation Plans On February 28, 2007, the Committee voted unanimously that a multi-species HCP addressing all of Collier County is not feasible, but that a more limited geographic scope may be feasible. The Committee is now conccntrating on assessing the feasibility of an HCP to address the Immokalce Urban Area. Other areas that the Committee has identified include the Rural Fringe Mixed Use District and North Golden Gate Estates. The Committee had previously rejected an HCP addressing the County's Coastal Area. Development of an HCP will likely take at least 5 or more years to accomplish. In light of this time frame, the Committee has also identified alternatives to an HCP as part of the process for evaluating the feasibility of an HCP(s). The Committee has limited its cvaluation of HCPs in order to accomplish its mission as directed by the BCC through Resolution 2006-41, specifically Item No. /iOO May 22, 2007 Page 2 of 3 function and duty 8.6 as noted above. The Committee finds, however, tJ1at there is likely a benefit to further identify and evaluate the feasibility of alternatives conculTently with its task of evaluating the feasibility of an HCP. As such, the Committee requests that the BCC allow the Committee to spend more time and effort on evaluating alternatives as it proceeds with its feasibility analysis. FISCAL IMPACT: The Committee has been meeting approximately twiee per month. The cost to provide meeting minutes is approximately $250 per meeting. Stalf time has averaged around 40 hours per month for FY07 to support the Committee's efforts. GROWTH MANAGEMENT IMPACT: The County will continue to rely on Objectives 7.1 and 7.2 and their attendant policies within the Conservation and Coastal Management Element for the protection of wildlife and listed species. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the recommendation for legal sufficiency. RECOMMENDATION: That the BCC accept the Committee's interim report and direct the Committee to concurrently evaluate alternatives that will serve as interim guidelines or progran1s while determining the feasibility ofHCPs. PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director Item Number: Item Summary: Meeting Date: Page] of I COLLIER COUNTY BOAR[; OF COUNTY COMM\SSI:)N~;RS ;00 h ('or,lI1lHlds'.I:)r' "r,at Ilw Goard o~ '::'c:.ntv C(Jn"H'I"SSIOn~r" 3C (.'pl an W'u:rr :(;:)or: Irall1l~'le Ilab",,: C:~)I'IS,w,"tIO!l Pia," .c.,dvl"OIv Cun',: 1'tW'-, ,]r a ~w.1Vide tlw : :,rri'TI;Pf!( ,j,re.:.:t,or, for LJ!Uf'f', elerts fJ:J',,'pl' I' S~!'.mitt i ,l:lllr':SHatcr >)mm~'Il;t,. Lv,',",' ;;<pmenl ,', ::.Iwi:oi';rnental ,';"lv,ces ~:wlc,i(J:'1i ~;./;':'I;Oc- 'J.O(: ()IJ .'\M C"V'rDnmentJrServrce<; DinO'c1.or Date Prepllretl By Will,am D. L.or!)"l Jr., P,E Communily Deve!"pmcrt' Ii Env,ronmentalServlces E'f1v,wnmentaIServices 412712rl07 417:~:1 PM E~eelJt;v~, S",cret~ry Date Allprovcd By M~rlelle St"wart CommUrl'ty Or:velopmen1 Ii; Envlrl)nrHent~1 Services CommUflIty Development & Env'[onmental S"rv,cebAdrnin 5!1/Z0074:29PM Opcratwm;Analysl Date Appro\lctl By .)udyPuig Community Development &. Community Developmllnt & Enviror"l1"ntlll SHrviC[)5 Admm 511/2007437 PM Envirof1menlatSC'r\lICe5 Dille Appru\led n)' Joseph 1<, Schmitt Community Dev"lopmcnl 8. [;nvironnlenlal Scrvice~ Ahnllnstralor Env;rollmontaIS'"rvices (;olnnlUnity Dovcll'l'rnCt11 &. CommLlLlItl' D'Jvelopmet1t Ii; EnVlrO'''''el1taIServic"sAdmin 5;212007812 PM Approved By O~'.B Coordinator ::':ounty Mana\l"'"~ Uffice l',dmmisl'f"tivf!Assistant Dale Otliceof ManagerTwn:. & Budget 514:2007 l\',UI i\M L~"dget AtHllys\ Date Al1llrovcd By M~rk 1$/jCk~on County Manall!lr",~ O:t,ce ')fficeo,Manap(HTWIl! I; Budget 51712007 r~2 t,M CounlyMan;\fler Dn!" Approved By .);::mesV. r'\iH.ld Poard 01' Cm.mty COlTImisc,"mers Count,. M'In'l>le"s Office 5i1LlOD7[2~ PM 1temNumber: Item Summary: Meeting Date: Page 1 of 1 Aqenc1i1 Item No WE May 22, 2007 p,)CJc: 1 of i8 COLLIER COUNTY BDAf~u OF COUrlT\' C:)MMISStQNERS ~J, I,,', . ')''-'([1(> Linllln 1", ?P:', "o\le im .i'~lr?Hn'cni f"l "all' Cl'D F'ur,::h1'se ",':(11 Geur\)c' f:i l_3llaiord O~; Trusw, d tnc R p, L;me 11'10;1 'Uled tl:e '151 dily nt :)e~(-Hllber 1;:'9(' to' 5,,?C d,'res l'r,d",-tI'iC:'::;rlSlOl'I'311:Jn';O-;u;' d"\d!lc:)uisiilonF'rogr;'lf11,31acy.!t]olloHxC'oed : 1C,Cf\,,' :Ie, ild'; f'lr':T f\.:Jl1m)!',:ril,or, A:Jlllil-"$tfC'itl"'.' :;P.fvICe~i ;"~'?1200 (, DVOC h'.l/; S("--w]rPr('P,,rty l,cqul,,;li'H1 ;:'pc;r;Ji'>;l Dnte Preparetl By CindyMErb Administrlltiv"~,crvi(,'e5 ~D,Ci!i1IU"M;J'Dg"nH'"t 511fl!l1074105f PM Ate~andra J_ ~;lIie"ki S"n,o'bwirQon'''''la!Soccral'sl Dale Approved By AdministrativeSeu;eQS r'acll:ties Management 51::11~0(l7 ~49 AM Approved By Skip Camp, C,F,M Admin;strative ~,e'v;ces <Ie ilt'et Managernent(),re"tQr Ullte ra,:ilili8!, Mana(]('''H\t SI4/2007::'-42 PM ,;'s~i5:a": Gount); i.HonleY Ovte Approved By Jennifer A, S"lpc,l<o County Attorney CCllml)'A\tome\")ffice sm2007JlOPM Mary Beck [xecubVL S"cr~t"ry Date Approved By AdministrabvI'Sur'Jices fid[J1'I'"st;'ati\l!> S,'rv,ce:, Act'nin 51R/20079'46 AM Approved By Len Gotden Price Administrat,vuS(;r',ices A{;n,i"",t"nl'\I'" Sec','''''''" gdln,nis!,,,,ior Oa1", kC"'r1FF'F!st..a!lve S"""i(,;',-, A'imin 519i?O(l110::'5AM ,"'dmFn,~lrM'\IrA;;,,15t(\,'t Da'e ~..-- Approved By OMBCoordlnalor County Man"gm"t, ;)!fice O',iC€'ot M",,<>)c'l1ent<:- Budqet 5f')12007;" 2E PM ,.~,'n,,(w"',"'1! & B;II:1gN J'''1,;ysl Dnle Approved Uy Lllura[)llvisson County M"nage(~ Office Oft,~,,"l M,.!lag,,'nrml t Reld')"t 511412007;2:1<1 PM Michael Sm,I".ow~kl li,~,,">W"'<)n:.& Bud',)et:JiruC!Of D"re Approved H}' CountrManagcr" OWe", Cfficu i)t ManClW_H1l<'111 Ii. BtJd"d 51141211072'47 PM Approved By JllmesV, MutJd BO(lrclof Cou"ty Comm!SSionet'5 C"unlv r:,;Jn"fW' [J~le c.cunt,;, r,',;Jn~gc~"~ Office 511412U07 3:0:: PM - .Agenda Item NO.1 OE I'/.ay 22, 2007 Page 2 of 18 EXECUTIVE SUMMARY Recommendation to approve an Agreement for Sale and Purchase with George P. Langford, as Trustee of the R. R. Land Trust dated the 1" day of December, 1998 for 55.35 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $10,687,700. OBJECTIVE: To obtain approval from the Board of County Commissioners for execution of the attached Agreement for Sale and Purchase (Agreement) between the Board of County Commissioners (Board) and George P. Langford, as Trustee of the R. R. Land Trust dated the 1" day of December, 1998 (Seller). CONSIDERATIONS: On January 23, 2007, Agenda Item 10A, the Board approved a Collier Conservation Land Acquisition Advisory Committee (ccLAAc) recommended Active Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties under the Conservation Collier Program. The Seller's property is made up of 16 parcels and contains a total of 55.35 acres. These parcels are located easterly of Old U.S. 41 on the south side of the proposed EastlWest Livingston Road extension and is across the street from the existing Conservation Collier Railhead Scrub Preserve. In accordance with the approved Conservation Collier Purchasing Policy, the purchase price of $10,650,000 was based upon the average of two independent, state-certified general real estate appraisers, one giving value at $10,500,000 and the other at $10,800,000. The purchase price is higher than the estimated value of $9,000,000, shown on the Active Acquisition List which was approved by the Board on January 23, 2007, Agenda Item Number 10 A; however, there are several factors that contribute to the higher purchase price, such as current comparable sales, and the property's potential for development. The attached Agreement provides that should the County elect not to close this transaction for any reason, except for default by the Seller, the County will pay the Seller $10,000 in liquidated damages. The ccLAAc approved this transaction on May 14, 2007, and voted to recommend Board approval and execution of the attached Agreement. Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided herewith. The Agreement has been reviewed and approved by the County Attorney's Office. FtSCAL IMPACT: The total cost of acquisition will not exceed $10,687,700 ($10,650,000 for the property, $12,700 for the appraisals, and approximately $25,000 for the title commitment, title policy, and recording of documents). The funds will be withdrawn from the Conservation Collier Trust Fund (172). As of May 14, 2007, property costs for Conservation Collier properties, including this property and those under contract, total $56,625,533. GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal framework for property acquisition for the Conservation Collier Program. The process for acquiring this property falls within the legal framework of Ordinance 2002-63. RECOMMENDATIONS: Staff is recommending that the Board of County eommissioners: 1) Approves the attached Agreement and accepts the Warranty Deed once It has been received and approved by the County Attorney's Office; and 2) Authorizes the Chairman to execute the Agreement and any and all other eounty Attorney's Office approved documents related to this transaction; and 3) Authorizes the County Manager or his designee to prepare related vouchers and Warrants for payment; and 4) Directs the County Manager or his designee to proceed to acquire these parcels, to follow all appropriate closing procedures, to record the deed and any and all necessary documents to obtain clear title to these parcels, and to take all reasonable steps necessary to ensure performance under the Agreement; and 5) Approves any necessary budget amendments. PREPARED BY: Cindy Erb, Senior Property Acquisition Specialist, Real Estate Services, Department of Facilities Management Aaenda item No.1 OE .~ I~ay 22. 2007 Page 3 of 18 Conservation Collier Land Acquisition Program Project Design Report Date: April 26, 2007 Conservation Collier R R Land Trust Location Map o . u . o SANM I 3 > o , . " > . o " " <JZ . ~ . m o . z . u n Z < ROYAL COVE OR ~I \-_,~ Legend - R R Land Trust Location Map , \\~:'~',.-I r -ColllerCountyRoads II!!ICo'lservatlOnLand [2ZJ R R Land Trust prop~r1les SOO 1,000 Feel Folio Numbers; OO'S2920009; 00lS3400007: 00154360007; 0015284(1008: 00152680006: 0{)152640004: 00154440008; 00152720005:00152780007:00152880000:00153080003; 00153040001:00152800008:0('152600002:00153000009 001544000116 llal.So~n'" Pmrc"l._ com"rCo..nt)' Prnp"r1yApp,ai..r C..al." By, GIS', CD~S ~nyl"'~"'a"'DI S.....ic... G..,CDn~..tv.II"ne..lllet2002\ IseR, 41hcycl..\....ngtotdlt..n.ln~d G"CDn&.."",tiDnColli.r2002',ISCR.,4thcycl..\LanptordTr~.n.jpg Dat.:'.21.0i Coliic~-COlmt}1 Property Owner(s): George P. Langford, Trustee, RR Land Trust Location: North Collier County, south of the Conservation Collier Railhead Scrub Preserve and adjoining the future Veteran's Memorial Blvd. in Section 15, Township 48, Range 25. Total Size: 55.35 acres Appraisal/Offer Amount: $10,650,000 History of Project: Received Selected for the Approved for Purchase offer Offer Accepted application Active Acquisition purchase by made to owners List by CCLAAC BCC August 14, 2006 December] J, 2006 January 23, 2007 March 27, 2007 April I 0, 2007 Aos:ida item No. i CiE ~ r\'1av 22. 2007 pc:i'ge .4 of i 8 Foliolsl and acreaQe: 16 separate folios with acreages as follows: Folio Property Surveyed Appraiser Acreage Acreage 00152920009 2.35 263 00153400007 2.8 3.04 00154360007 1.36 1.49 00152840008 3.79 4.31 00152680006 5.27 4.03 00152640004 3.54 2.71 00154440008 1.36 1.47 00152720005 4.86 3.78 00152760007 5.69 4.51 00152880000 362 4.17 00153080003 2.34 2.66 00153040001 2.94 3.39 00152800006 5.54 4.55 00152600002 4.43 3.44 00153000009 5.14 394 00154400006 4.97 5.23 Total 60.00 55.35 Purpose of Proiect: Conservation Collier ProQram Qualifications: This site met 5 out of 6 initial screening criteria, including presence of native habitat, having human resource values, biodiversity and connectivity (noting the future Veterans Memorial Blvd. will separate these parcels form the Railhead Scrub Preserve). The one criterion not met was that it is not within another agency boundary and so would not offer opportunity for an acquisition funding partnership. The property is located near U.S. 41 and old 41, between Imperial Golf Estates to the south, two manufactured home communities to the west, the future Veterans Memorial Blvd. and Conservation Collier Railhead Scrub Preserve to the north. Two future school sites are located east of the project site along the Veterans Memorial Blvd. right-of-way, the school farthest east is due to open next year and the closer one in 2016. Access to the parcels will not likely be provided until 2016 unless the Transportation Department and Conservation Collier can work together to clear the right-of-way east of the project to provide unpaved access. A proposal to rezone the project from non-agricultural acreage to PUD (Railhead 55 PUD) was brought to the Collier County Community Development Division for pre- application review in 2005, but subsequently abandoned. A 130 foot Railroad parcel runs north-south and splits the project in two nearly equal halves. This parcel is owned by CVX, a national railway line and leased to a local railroad company, Gulf Seminole Railway. The tracks are not active at this time; however the leaseholder advises staff that there is potential to make to rail line active again in the future. Providing some kind of crossing of this parcel anywhere on the project site would be expensive. Florida Power and Light (FPL) maintain a 50-foot easement running north-south on the western half of the property, 30-feet in from the west property line. Collier County maintains a 30-foot stormwater drainage easement directly adjoining the FPL easement on its east side. Agenda Item NO.1 OE May 22, 2007 Page 5 of 18 The parcel contains a habitat listed by the Conservation Collier ordinance as unique and highly preferred for acquisition - xeric oak scrub. Four other native plant communities identified by the Florida Department of Transportation's Florida Land Use Cover and Forms (FLUCCS) (1994/1995) classification system were observed (cypress, freshwater marsh, scrubby pine flatwoods and pine flatwoods) indicating that intact native plant communities exits on the project site. Acquisition of this project will offer human social values including access for recreation when the future Veterans Memorial Blvd. is constructed and enhancement of the aesthetic setting of Collier County due to the frontage along the future road and proximity to two Collier County School sites. This property contains both uplands and small patches of wetlands. Wetland dependent species of wildlife, including state-listed bird species were observed. Approximately 25% of the soils mapped on the site are wetland soils. Vegetation observed in these areas corresponds with soil types. An upland/wetland survey was accepted in 2000 by South Florida Water Management District identifying approximately 5.61 acres as jurisdictional wetlands. These wetland areas may accept some surface waters during flood events, protecting surrounding developed properties. The project area is mapped as contributing moderately to recharge of the surficial aquifer. While this project site is mapped by the Florida Fish and Wildlife Conservation Commission as having low potential for biodiversity and surrounding existing and planned development limits connectivity to other natural areas (except the Railhead Scrub Preserve until the Veterans Memorial Blvd separates them) it does contain at least 3 state-listed plant species, gopher tortoises (State-SSC*), and it does provide habitat suitable for other listed wildlife species, including gopher frog (State-SSC), eastern indigo snake (State- T**), red rat snake (State-SSG), alligator (State-SSC, Federal- T), wood stork (State-E***, Federal-E), bald eagle (State-T, Federal- T) and numerous other bird species. Proiected Manaqement Activities: The RR Land Trust property will be joined with the existing Railhead Scrub Preserve for management purposes. Activities anticipated include removal of prohibited exotic plant species and development and maintenance of a low impact trail. An Interim Management Plan has already been developed and approved by the Board of County Commissioners for the Railhead Scrub Preserve. A Final Management Plan for the Railhead Scrub Preserve is currently being developed and is due by the end of June 2007. The RR land Trust parcel will be included in that plan. The site will be appropriately used for recreational and educational opportunities associated with its environmental attributes. * SSC - Species of Special Concern ** T - Threatened *** E - Endangered CONSERVATION COLLIER lAX IDENTIFICATION NUMBERS: 00152920009.00153400007.00154360007. 00152840008, 00152680006, 00152640004,00154440008, 00152720005.00152760007, 00152880000, 00153080003, 00153P40001, 00152800006,00152600002,00153000009, & 00154400006. A,gen::L:'; item t.~o. I DE f\:1ay 22. 2CJ07 Page 6 of 18 AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between GEORGE:P. LANGFORD, .~ i? AS TRUSTEE OF THE R. R. LAND TRUST DATED THE 1ST DAY OF DECEMBER, g. ~ 'ij N 1998, whose address Is 3357 Tamiaml Trail North, Naples, Florida 34103, (hereinafter ,j'j ~ >:;; 0 referred to as "Seller"), and COLLIER COUNTY, a political subdivision oflthe State of "'>..~i :: ~ M ~ Florida, its successors and assigns, whose address is 3301 Tamiami TraM, East, Naples, u c:.- rnco ~ ~ i5 ~ :g..;. FL 34112, (hereinafter referred to as "Purchaser"). mwUl-.2 r:: g-CJQ.lC;;l1.._ ll:<i5~ ui~ $o....-a.~ :'::Q,lOrn ~.g~z ~o WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (he$inafter referred to as "Property"), located in Collier County, State of Florida, and being m~re particularly described in Exhibit "A", attached hereto and made a part hereof by refer~nce. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to sueh sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and thl;! respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as ~lIows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser '*'all purchase from Seller the Property, described in Exhibit "A". ! II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property $hall be Ten Million Six Hundred Fifty Thousand Dollars ($10,650,000). (U.S. Currency) payable at time of cioslng. III. CLOSING 301 The Closing (THE "CLOSING DATE", "DATE OF CLOSING', OR "CLOSING") of the transaction shall be held on or before thirty (30) days after approval of the contract by the Board of County Commissioners Collier County, Florida and all contract contingencies are waived or complied with but not later than one hundred and twenty (120) days following execution of this Ag$ement by the Purchaser, unless extended by mutual written agreement of the p~rtles hereto. The Closing shall be held at the Collier County Attorney's Office, Admi~istration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure'to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and jn accordance with law. At the Closing, the Seller shall cause to be deliver.d to the Purchaser the items specified herein and the following docLl-nents and instruments duly executed and acknowledged, in recordabl~ form: 3.0111 Warranty Deed in favor of Purchaser cqnveying title to the Property, free and clear of all liens and encumbr~nces other than: CONSERVATION COLLIER TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007,00152840008,00152680006,00152640004, 00154440008,00152720005,00152760007, 00152880000, 00153080003, 00153040001, 00152800006,00152600002, 00153000009, & 00154400006 Agenda Item NO.1 OE May 22, 2007 F'age 7 of 18 (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Combined Pu,chaser-Seller closing statement. 3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.0114 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.0121 A negotiable Instrument (County Warrant) in an amount equal to the Purchase Price. No funds shall be disbursed to Sellsr until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. Attorney George P. Langford shall prOllide Purchaser with an AL TA Commitment for an Owner's Title Insurance Policy (AL TA Form B-1 970) pursuant to Section_4.011, at no cost to Purchaser. Attorney George P. Langford shall provide the Purchaser with an Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below. The Purchaser shall pay Attorney George P. Langford the cost for an AL TA approved Owner's Form B Title Policy, the agreed upon amount of twenty thousand six hundred and forty three dollars and seventy five cents ($20,643.75) after closing and acceptance by the Purchaser. Purchaser shall not be responsible for title examination and any other costs or fees that are associated with ;Iosing that are borne by Seller. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as 2 CONSERVATION COLLIER TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, 00152680006, 00152640004.00154440008,00152720005, 00152760007. 00152880000, 00153080003, 0015~0001, 00152800006,00152600002.00153000009 &00154400006. Ag9nda Item ~~o. 1 DE fviay 22 2007 Page S of 18 evidence of title an AL TA Commitment for an Owner's Title Insurahce Policy (AL TA Form B-1 970) covering the Property, together with hard caples of *" exceptions shown thereon. Purchaser shall have thirty (30) days, following reooipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If the title commitment contains exceptions that make the title unmarketable, Purchaser shall deliver to the Seller written notice of its intention td waive the applicable contingencies or to terminate this Agreement. ; 4.012 If Purchaser shall fail to advise the Seller in writing of any slilch objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to litle, Seller shall have thirty (30) days to remedy any defects in order to convey gocXJ and marketable title, except for liens or monetary obligations which will be satisfie~ at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections wlhin said time period, Purchaser, by providing written notice to Seller within seveh (7) days after expiration of said thirty (30) day period, may accept title as it then ", waiving any objection; or Purchaser may terminate the Agreement. A failure by, Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the exceptions to t~le as shown in the title commitment. . 4.013 Seller agrees to furnish any existing surveys of the prope,J in Seller's possession to Purchaser within 10 (ten) days of the effective date pf this Agreement. Purchaser shall have the option, at its own expense, te> obtain a current survey of the Property prepared by a surveyor licensed by the Stalia of Florida. No adjustments to the Purchase Price shall be made based upon anythange to the total acreage referenced in Exhibit "A," unless the difference in acreage revealed by survey exceeds 5% of the ove,all acreage. If the survey provided ijy Seller or obtained by Purchaser, as certified by a registered Florida surveyct, shows: (a) an encroachment onto the property; or (b) that an improvement 10catE\d on the Property projects onto lands of others, or (c) lack of legal access to a public'roadway, the Purchaser shall notify the Seller in writing of such encroachment, projection, or lack of legal access, and Seller shall have the option of curing said encroachment or projection, or obtaining legal access to the Property from a public iPadway, within sixty (60) days of receipt of said written notice from Purchaser. PUli::haser shall have ninety (90) days from the effective date of this Agreement to flOtify Seller of any such objections. Should Seller elect not to or be unable to renilve the , encroachment, projection, or provide legal access to the property within said sixty (60) day period, Purchaser, by providing written notice to Seller witj1in seven (7) days after expiration of said sixty (60) day period, may accept the Property as it then is, waiving any objection to the encroachment, or projection, dr lack of legal access, or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to accept the Property with the encroachment, or projection, or Jack of legal access. 1 V. INSPECTION PERIOD 5.01 Purchaser shall have the latter of thirty (30) days from the date of this Agreement or delivery of the environmental report requested by BUyer, ("Inspection Period"), to determine through appropriate investigation that: I 1. Soil tests and engineering studies indicate that the Propertyican be developed without any abnormal demucking, soil stabilizatidn or foundations. 2. There are no abnormal drainage or environmental requiremtmts to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or ; Agenda Item "0. 10E CONSERVATION COLLIER 'lv1ay 22. 2007 TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, 40152680006, Page 9 of 18 00152640004,00154440008,00152720005, 00152760007, 00152880000,00153080003, 00153040001, 00152800006,00152600002.00153000009, & 00154400006. " contamination. 4. The Property can be utilized for its intended use and purpo~ in the Conservation Collier program. : 5.02 If Purchaser is not satisfied, for any reason whatsoever, witli the results of any investigation, Purchaser shall deliver to Seller prior to the expitation of the Inspection Period, written notice of its intention to waive the appli"'ble contingencies or to terminate this Agreement. If Purchaser fails to ~otify the Seller in writing of its specific objections as provided herein within the InspeCtion Period, it shall be deemed that the Purchaser is satisfied with the results of ils investigations and the contingencies of this Article V shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right pf inspection, Purchaser shall deliver to Seller copies of all engineering reports ~d environmental and soil testing results commissioned by Purchaser with respect to the Property. ~ . 5.03 Purchaser and its agents, employees and servants shall, atithelr own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall i~demnify Seller on account of any loss or damages occasioned thereby and again+t any claim made against Seller as a result of Purchaser's entry. Seller shall b~ notified by Purchaser no less than twenty-four (24) hours prior to said inspectkln of the Property. I , : , VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized a~ents, shall have the right to inspect the Property at any time prior to the Closing. ' I i VII. POSSESSION i i 701 Purchaser shall be entitled to full possession of the Proper!j at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes nex1 due and payable, after closing on th~ Property, shall be prorated at Closing based upon the gross amount of 2006 taxe., and shall be paid by Seller. i IX TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants a~dlor agreements contained herein which are to be performed by Seller, within ten (1P) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall ha~e the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Ag!eement. i I 9.02 If the Purchaser has not terminated this Agreement pursuarjt to any of the provisions authorizing such termination, and Purchaser fails to clo$e the transaction contemplated hereby or otherwise fails to perform any of the terms!, covenants and conditions of this Agreement as required on the part of Purchaser jo be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notiq., thereof to Purchaser, whereupon Ten Thousand Dollars ($10,000.00) shall b!! paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the oth... except as set forth in paragraphs 5.03 (Inspection Period) and 12.01, (Real Estaje Brokers), hereof. The parties acknowledge and agree that Seller's actual dafnages in the event of Purchaser's default are uncertain in amount and difficult tl> ascertain, and CONSERVATION COLLIER ~ TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, 40152680006, 00152640004,00154440008,00152720005, 00152760007, 00152880000, 00153080003, 00153D40001, 00152800006,00152600002,00153000009,& 00154400006. ; p,gencia !tem NO.1 OE [,'1ay 22. 2007 Page 10 of 13 that said amount of liqUidated damages was reasonably determln~ by mutual agreement between the parties, and said sum was not intended taibe a penalty in nature, 9.03 The parties acknowledge that the remedies described hereip and In the other provisions of this Agreement provide mutually satisfactory arid sufficient remedies to each of the parties, and take into account the peculia~risks and expenses of each of the parties. ! X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: i , 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions land to perform all tasks required of each hereunder. Seller is not presently ihe subject of a pending, threatened or contemplated bankruptcy proceedin~. 10.012 Seller has full right, power, and authority to ovJn and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection her~with, and to consummate the transaction contemplated hereby. All necej;sary authorizations and approvals have been obtained authorizirjg Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall ~e delivered to Purchaser andlor Seller, if necessary. . 10.013 The warranties set forth in this paragraph shad be true on the date of this Agreement and as of the date of Closing. Purchbser's acceptance of a deed to the said Property shall not be deeri>ed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this.Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pendirl;J or threatened against Seller, at law, equity or in arbitration before or by artf federal, state, municipal or other governmental instrumentality that relate tb this agreement or any other property that could, if continued, adversely affabt Seller's ability to sell the Property to Purchaser according to the terms of t~is Agreement 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this!Agreement remains in force and effect, Seller shall not encumber or co~vey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property ~r any part thereof, without first obtaining the written consent of Purcha~er to such conveyance, encumbrance, or agreement which consent m.y be withheld by Purchaser for any reason whatsoever. j i 10.017 Seller represents that there are no incinerator~, septic tanks or cesspools on the Property; all waste, If any, is discharged i,*o a public sanitary sewer system; Seller represents that they have (It has) no knowledge that any pollutants are or have been discharged from the Property, directly or indi,ectly into any body of water. Seller represents the Property has not been used for the production, handling, stqrage, transportation, manufacture or disposal of hazardous or toxt substances or wastes, as such terms are defined in applicable laws and regulations. or any I , CONSERVATION COLLIER , TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, lio152680006. 00152640004,00154440008,00152720005, 00152760007, 00152880000, 00153080003, 00153~0001, 00152800006,00152600002,00153000009, & 00154400006, . Agenda Item NO.1 OE May 22, 2007 Page 11 of 18 l other activity that would have toxic results, and no such haZl'rdous or toxic substances are currently used in connection with the opera~on of the Property, and there is no proceeding or inquiry by any auth~rity with respect thereto. Seller represents that they have (it has) no knowlectJe that there is ground water contamination on the Property 0' potential of ~round water contamination from neighboring properties. Seller represen$ Seller has no known storage tanks for gasoline or any other substances *e or were located on the Property at any time during or prior to Seller't ownership thereof. Seller represents none of the Property has been us/.d as a sanitary landfill. . 10.01 B Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any a!>plicable Federal, State or local statute, law or regulation, or of any nbtlce from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or insta'ation on or in connection with the Property in order to comply with any la",", ordinances, codes or regulation with which Seller has not complied. : ! 10.019 There are no unrecorded restrictions, easemehts or rights of way (other than existing zoning regulations) that restrict or ~ect the use of the Property, and there are no maintenance, construction, ~vertising, management, leasing, employment, service or other contraclts affecting the Property. : 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposalsffor public improvement assessments, pay-back agreements, paving ~reements, road expansion or improvement agreements, utility moratoriums,;use moratoriums, improvement moratoriums, administrative or c4:her proceedings or governmental investigations or requirement~, formal or informal, existing or pending or threatened which affects th~ Property or which adversely affects Seller's ability to perform hereundet; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date <it this Agreement. ! 10.021 Seller acknowledges and agrees that Purchaser is entering Into this Agreement based upon Seller's representations st~ted above and on the understanding that Seller will not cause the zoning 0/ physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Propetty or the governmental ordinances or laws governing same. Seller al~o agrees to notify Purchaser promptly of any change in the facts contairted in the foregoing representations and of any notice or proposed chimge In the zoning, or any other action or notice, that may be proposed pr promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change anY other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") teasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. , I 10.023 Seller represents, warrants and agrees to ind~nify, reimburse, defend and hold Purchaser harmless from any ahd all costs 6 CONSERVATION COLLIER TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, qo152680006, 00152640004,00154440008,00152720005, 00152760007, 00152880000, 00153080003, 0015~40001, 00152800006, 00152600002, 00153000009, & 00154400006. ~ 1 r:\genda itsm NO.1 DE 'v1ay 22. 2007 Page 12 of 18 (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connectiorl with the application of any federal, state, local or common law relati~g to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Cclmpensation, and Liability Act of 1980, 42 U.S.C. Section 9601, €It seq., (tERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), inclLding any amendments or successor in function to these acts. This pr.vision and the rights of Purchaser, hereunder, shall survive Closing and art! not deemed satisfied by conveyance of title. This representation, warra~ty and agreement is limited to matters known to Seller or which reasonably should be known to Seller. 10.024 Any loss and/or damage to the Property betwJen the date of this Agreement and the date of Closing shall be Seller's sol~ risk and expense. 10.025 Seller's above representations are to the knoWledge of Seller and not affirmative representations of matters not known to Seller. XI. NOTICES 11,01 Any notice, request, demand, instruction or other communi~tion to be given to either party hereunder shall be in writing, sent by facsimile with j,utomated confirmation of receipt, or by registered, or certified mail, return recieipt requested, postage prepaid, addressed as follows: ' If to Purchaser: Alexandra Sulecki, Coordinator , Conservation Collier Land Acquisition prograr+ Collier County Facilities Department ' 3301 Tamiaml Trail East Naples, Florida 34112 Cindy M. Erb, Senior Property Acquisition Spebalist Collier County Real Estate Services . Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone number: 239-774-8991 Fax number: 239-774-8876 With a copy to: If to Seller: George P. Langford, Trustee 3357 Tamiami Trail North Naples, Florida 34103 Telephone number: 239-262-2011 Fax number: 239-262-0902 11.02 The addressees and numbers for the purpose of this Articleimay be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue~n effect for all purposes, XII.REAL ESTATE BROKERS 1201 Any and all brokerage commissions or fees shall be the sol4 responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker ct any other CONSERVATION COLLIER , TAX IDENTIFICATION NUMBERS: 00152920009, 00153400007, 00154360007, 00152840008, 00152680006, 00152640004, 00154440008, 00152720005,00152760007,00152880000, 00153080003, 00153040001, 00152800006,00152600002,00153000009, & 00154400006. person or party claiming to have been engaged by Seller as a real!estate broker, salesman or representative, in connection with this Agreement. S~ler agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. ! XIII. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. .. I 13.02 This Agreement and the terms and provisions hereof shall de effective as of the date this Agreement is executed by both parties and shall inur. to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assitlnees whenever the context so requires or admits. I i 13.03 Any amendment to this Agreement shall not bind any of theiparties hereof unless such amendment is in writing and executed and dated by ~rchaser and Seller. Any amendment to this Agreement shall be binding upon P~rchaser and Seller as soon as it has been executed by both parties. ; ! 13.04 Captions and section headings contained in this Agreemen(are for convenience and reference only; in no way do they define, descri~, extend or limit the scope or intent of this Agreement or any provisions hereof. ' 13.05 All terms and words used in this Agreement, regardless of t~e number and gender in which used, shall be deemed to include any other gendf or number as the context or the use thereof may require. : 13.06 No waiver of any provision of this Agreement shall be effec~e unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the speclfidnstance to which it is related and shall not be deemed to be a continuing or f~ure waiver as to such provision or a waiver as to any other provision. i i 13.07 If any date specified in this Agreement falls on a Saturday, $unday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the B<iard of County Commissioners of Collier County, Fiorida. i 13.09 If the Seller holds the Property in the form of a partnership, pmlted partnership, corporation, trust or any form of representative capacitY whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held In such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Flo!ida Statutes, whose stock is for sale to the general public, it is hereby exempt frbm the provisions of Chapter 286, Florida Statutes.) ; 13.10 This Agreement is governed and construed in accordance ~ith the laws of the State of Florida. . XIV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain th~ entire agreement between the parties, and no promise, representation, warranty or , 8 .Agenda Item NO.1 OE May 22, 2007 Page 13 of 18 I ,A.genda ,I:em No. ~ JE CONSERVATION COLLIER 'May 22. 2007 T,I\...\ IDENTIFICATION NUMBERS: 00152920009. 00153400007, 00154360007, 00152840008, tt0152680006, Pace 14 of 18 00152640004,00154440008,00152720005, 00152760007, 00152880000, 00153080003, 00153b40001, - 00152800006, 00152600002, 00153000009. & 00154400006. ! i , covenant not included in this Agreement or any such referenced agreements has been or IS being relied upon by either party. No modification or al11'ndment of this Agreement shall be of any force or effect unless made in writing a~d executed and dated by both Purchaser and Seller. Time is of the essence of thisiAgreement IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: 1 BOARD OF COUNTY COMMIS$IONERS COLLIER COUNTY, FLORIDA . ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BY: JAMES COLETTA, Chairman AS TO SELLER: DATED 4,)(, -o? WITNESSES: ~I?,;.~#r U~ (Signattl~ r ~ flc."tJ I. tc~<c,fe! ~10 (Printed ame) BY: RD,I'S STEE FTHE .. D TRUST DATED THE 1ST D,4.Y OF DECEMBER,1998 ; _J(',.___~ ~ (Signature) ~ ~ ,^^..~::r: --ra'lo\/ (Printed Na ) Approved as to form and legal sufficiency: ~n'R~ _~ J nifer A. Bel~o Assistant County Attorney 9 EXHIBIT "A" 1of4 PROPERTY TAX 'DENTIFICATION NUMBER: 00154400006 LEGAL DESCRIPTION: I i NORTH 380 FEET OF THE SOUTH 730 FEET OF THE NORTH 780 : FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEA~ QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE f5 EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ' ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 4.97 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00153400007 LEGAL DESCRIPTION: , NORTH 200 FEET OF THE SOUTH 400 FEET OF THE NORTH 780 i FEET OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEA* QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE t5 EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ' ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 2.80 acres more or Jess. AND PROPERTY TAX IDENTIFICATION NUMBER: 00154360007 LEGAL DESCRIPTION: NORTH 100 FEET OF THE SOUTH 200 FEET OF THE NORTH 780 i FEET OF THE NORTHWEST QUARTER (NW Y.) OF THE NORTHEAS-n QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE b EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ! ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 1.36 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00154440008 LEGAL DESCRIPTION: SOUTH 100 FEET OF THE NORTH 780 FEET OF THE NORTHWEST QUARTER (NW Y.) OF THE NORTHEAST QUARTER (NE Y.) OF , SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER I COUNTY FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE : RAILROAD RIGHT-OF-WAY. i 1.36 acres more or less. Agenda Item NO.1 OE May 22, 2007 Page 15 of 18 EXHIBIT "A" 2014 AND PROPERTY TAX IDENTIFICATION NUMBER: 00152840008 LEGAL DESCRIPTION: SOUTH 300 FEET OF THE NORTH 1080 FEET OF THE NORTHWEST. QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE %) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; L Y'NG WEST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 3.79 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152880000 LEGAL DESCRIPTION: THE SOUTH 300 FEET OF THE NORTH 1380 FEET OF THE WEST HALF (W 1/2) OF THE NORTHEAST ONE FORTH (NE %) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 3.62 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00153040001 LEGAL DESCRIPTION: THE SOUTH 250 FEET OF THE NORTH 1630 FEET OF THE WEST i HALF (W 1/2) OF THE NORTHEAST QUARTER (NE %) OF SECTION 1~, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 2.94 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00153080003 LEGAL DESCRIPTION: THE SOUTH 200 FEET OF THE NORTH 1830 FEET OF THE WEST i HALF (W 1/2) OF THE NORTHEAST QUARTER (NE %) OF SECTION HI. TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY ' FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF,WAY. 2.34 acres more or less. i'l,genda item No.1 C1E r.1ElY 22. 2007 PaJ8 16 of 18 EXHIBIT "A" 3014 AND PROPERTY TAX IDENTIFICATION NUMBER: 00152920009 LEGAL DESCR'PTION: THE SOUTH 200 FEET OF THE NORTH 2030 FEET OF THE WEST ; HALF (W 1/2) OF THE NORTHEAST QUARTER (NE y.) OF SECTION 1~, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING WEST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 2.35 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152800006 LEGAL DESCRIPTION: THE SOUTH 347 FEET OF THE NORTH 2337 FEET OF THE WEST i HALF (IN 1/2) OF THE NORTHEAST QUARTER (NE y.) OF SECTION 1d, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT,OF-WA Y. 5.54 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152760007 LEGAL DESCRIPTION: THE SOUTH 350 FEET OF THE NORTH 1990 FEET OF THE WEST . HALF (W 1/2) OF THE NORTHEAST QUARTER (NE Y.) OF SECTION 1~, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY ' FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD R'GHT-OF-WA Y. 5.69 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152720005 LEGAL DESCRIPTION: THE SOUTH 300 FEET OF THE NORTH 1640 FEET OF THE WEST i HALF (W 1/2) OF THE NORTHEAST QUARTER (NE Y.) OF SECTION 1~, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY . FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY 4.86 acres more or less. Agenda Item I~o. 10E May 22, 2007 Page ~17 of 18 EXHIBIT "A" 4 014 AND PROPERTY TAX IDENTIFICATION NUMBER: 00152680006 LEGAL DESCRIPTION: THE SOUTH 330 FEET OF THE NORTH 1340 FEET OF THE WEST HALF (W 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY . FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY. 5.27 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152640004 LEGAL DESCRIPTION: THE SOUTH 230 FEET OF THE NORTH 1010 FEET OF THE WEST HALF (W 1/2) OF THE NORTHEAST QUARTER (NE Y.) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY . FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT,OF-WAY. 3.54 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00153000009 LEGAL DESCRIPTION: THE SOUTH 375 FEET OF THE NORTH 780 FEET OF THE NORTHWEST QUARTER (NW Y.) OF THE NORTHEAST QUARTER (N~ Y.) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY; LESS AND EXCEPTING THE EAST i 30 FEET THEREOF. . 5.14 acres more or less. AND PROPERTY TAX IDENTIFICATION NUMBER: 00152600002 LEGAL DESCRIPTION: THE NORTH 405 FEET OF THAT PORTION OF THE NORTH 780 FEET1 OF THE NORTHWEST QUARTER (NW Y.) OF THE NORTHEAST . QUARTER (NE Y.) OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, OF COLLIER COUNTY FLORIDA; LYING EAST OF THE ATLANTIC COAST LINE RAILROAD RIGHT-OF-WAY; LESS AND EXCEPTING THE EAST 30 FEET THEREOF, AND LESS AND EXCEPT'NG THE NORTH 50 FEET THEREOF 4.43 acres more or Jess. /-\g8ncJa Item NO.1 OE i,1ay 22, 2007 Page 18 of 13 Agenda Item No. 10F May 22, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve the Winchester Head Multi-parcel Project as a Category A project on the current Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue properties within this project, considering conditions provided by the Board of County Commissioners and a risk reduction approach developed by staff. OBJECTIVE: To obtain approval from the Board of eounty Commissioners (Board) to place the Winchester Head multi-parcel project as a Category A project on the current Conservation Collier Active Acquisition List (AAL) and give direction for the County Manager or his designee to actively pursue properties within this project, considering conditions provided by the Board and a risk reduction approach proffered by staff as outlined below. CONSIDERATIONS: On January 23, 2007, Conservation Collier Program staff brought to the Board a list of recommendations made by the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) for projects in the 4th acquisition cycle. The Winchester Head multi-parcel project was among the A-list recommendations (Table 1). At that Board meeting, a letter was read into the record to the Board from the Collier Soil and Water Conservation District (CSWCD) opposing Conservation Collier purchases within Winchester Head as potentially conflicting with a CSWCD conceptual stormwater management project within the North Golden Gate Estates (NGGE). The result of this letter was to continue the decision whether to place Winchester Head multi'parcel project on the A-list until the CCLAAC, local property owner associations and Board of County Commissioners could meet with the Soil and Water Conservation District Supervisors to understand and/or resolve potential conflicts with CSWCD project plans. .- The CCLAAC met with Supervisors from the CSWCD at its regular March 1 zih publicly televised meeting, where members expressed confidence that the Conservation Collier Program could coordinate its efforts with the outlined goals of the CSWCD. CCLAAC members then requested that the CSWCD rescind its objection to Conservation Collier purchases within the Winchester Head and other North Golden Gate Estates areas. The CSWCD did subsequently send a new letter to the Board, dated March 15, 2007 (copy attached) removing those objections. Additionally, Conservation Collier staff met with a CSWCD Supervisor and a representative of the Big Cypress Basin/South Florida Water Management District on April 19, 2007 to discuss harmonization of efforts. The result of that meeting was a mutual understanding that purchase of parcels within deeper wetland areas by Conservation Collier could playa role within a larger CSWCD project involving acceptance of mitigation lands and funds, conservation of natural resources and protection of ground and surface waters, particularly in relation to stormwater management. Staff and the CSWCD anticipate producing a visual map to show how program purchases and CSWCD projects can work together to serve a variety of goals. On April 1 0, 2007, the County Manager asked Board members at the publicly televised Board meeting for direction in bringing back the issue of Winchester Head prior to a proposed Board/CSWCD workshop. The Board agreed to hear the request to activate the Winchester Head multi-parcel project in the A Category of the Active Acquisition List, with specific conditions. These Included: . Appraisals should use comparable sales from wetland, not upland parcels, and preferably within the Winchester Head; . All the parcels offered should be appraised at once, and we should make our offer at that price, and; . A "significant number" of owners should accept before we commit to buying. - Additionally, staff had been working on developing an approach to buying in multi-parcel projects that would reduce the inherent risks. This approach includes the following: . Working with the independent appraisers hired by Collier County to educate them on the issues and costs associated with development of wetlands so that accurate comparable sales can be used and and/or an accurate adjustment can be made for appraisals of wetlands within the NGGE; . Meeting with the Property Appraiser and his staff to keep them informed as to areas where Conservation Collier is pursuing acquisition, informing them about development issues relating to i~8rn NO.1 OF f"day :22, 2007 ?a:;;e 2 of 7 wetland properties, and demonstrating that Conservation Collier sales are "arms-length" transactions that could be considered by the Property Appraiser in determining assessed values. . Determining a ceiling per-acre value, based on the area appraisal, that Conservation Collier will pay in the multi-parcel projects and providing a trigger mechanism to drop a project to B-list status when that ceiling value is reached. it is estimated that the current market would support $23,000 per acre within Winchester Head wetlands. Staff proposes a 15% rise to $26,500 could trigger a "ceiling" that would automatically drop the project to the B-List until further review showed favorable market conditions for buying again and the Board approved resuming purchases. . Developing a per acre offer, based on the Conservation Collier Purchase Policy of offering 100% of fair market value, that will be the same for all properties within the multi-parcel project area and will be good for a 6 month period. Conservation Collier owns seven (7) parcels totaling 8.88 acres within Winchester Head. Staff currently has willing sellers for another twenty-four (24) Winchester Head parcels totaling 34.84 acres. Collier Soil and Water Conservation district owns two (2) parcels totaling 2.28 acres (Figure 1). If all 24 sellers agree to sell at the estimated per-acre value of $23,000 a total of 46 acres, or 40% of the entire project, will be in public ownership. FISCAL IMPACT: The estimated cost for purchase of the twenty-four (24) Winchester Head parcels currently offered by willing sellers, totaling 34.84 acres, at $23,000 per acre, is $801,320. Acquiring the remaining 71.16 at the same per-acre value would cost an additional $1,636,680 for a total project land cost of $2,438,000. At the high ceiling per-acre value the cost for the remainder of the project would be $2,809,000. Therefore, a cost range of between $2,439,000 and $2,809,000 for the entire project is anticipated as a result of Board approval. Note that this is less than the estimated cost of $3,339,600 provided to the Board at its last consideration of the Winchester Head multi-parcel project, on January 23, 2007. Currently, there is $24 million available in FY07 for land acquisition, $8 million of which is held in reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the Winchester head Multi- parcel Project as a A-Category project on the current AAL and authorizes the County Manager or his designee to actively pursue acquisition of parcels within this project, using the Board's conditions and staff's risk reduction approach. PREPARED BY: Alexandra J. Sulecki, Sr. Environmental Specialist, Facilities Management Dept. 2 Agenda Item No. 10F :v1ay 22, 2007 Page 3 of 7 Table 1. Board Approved Active Acquisition List Priority nesignation Estimated for "A" Size Value per Category Name Estimated Value (ac) acre List Cate~orv J'ronertics Hamilton $1.500,000 '94 $7,732 A 1 Karen $900,000 0.68 $1.323.529 A 1 Mdlvane Marsh Calo $940,000 40 $23.500 A 1 Connoll\' Trust $630,000 70 $9.000 A I Predmore/Rivers $215.000 19,54 $11,()1I3 A 1 Pric{' $215,()()O 20 $10,750 A 1+ R.JS LLC $408.000 51.02 $7,997 A 1 Scherer S720.000 80 $9,()()O A 1 West $40,000 2.02 $19,802 A 1 OettinlJ $171,000 2.28 $75,000 A 1 RR land Trust $9,OUO,O()() 60 $1511.001l A 1 Starnes $3.610.llO0 367.7 $9,818 A 1 Winchester Head $3.339 600 132 $25.300 No final decision ~ Continued ] Fleischmann North - 13 acres $2.000.001l J3 $153.846 A . Subtotal $23.688.600 1039.24 Camn Keais Strand Bortnick $10,000 5 $2.000 B Camnbell $111.000 5 $2.1100 B DarbvTr $10.000 5 $2.000 B I)jeko\\ $90.000 75 $1.200 B I)jndalVl:alsh $10.000 5 $2.00(J B Freeman $10.000 5 $2.000 II Griffin $10,000 5 $2.000 II lIamilton $9.550 4.77 $2.1Hl2 II McSwain S10.00n 5 $2.11110 II Rudolnh $18.000 10 $1.800 II Schaab $5.000 2.5 $2,000 II Street $5.000 2.5 $2,000 II Tucker S211,1l00 10 $2.1100 B \Vinebrenncr SIO,OOO 5 $2.tJ(l{l II I~ 75 Properties AL1\1 LLC $261.000 (;,7 $38.955 B Ar"av $270,OO() 7.115 $38,298 II Arias $322,0(JO 6.94 $46.398 II Avra $147,000 3.18 $46.226 II Fernandcz $175,000 3.35 $52.239 II Mohllbir $2611.UOO 6.7 $38,H06 B Velez $260.0nO 6.76 $3H,462 B Kirbv $90.000 I $90.{lOO B Murnh\' $190.()OU 1 $190.(JOll II Red Maple Swamp Preserve (NGGE Unit 53) $1 U.605,tHIO 176.75 $60.UOO II Subtotal $12.807.550 364.2 Abercia 511.144,102 9 $127.122 C Blake $167.0110 4.77 $35.010 C Camobell (4 n)Rs) S86.01l0 4.77 $18.029 C Narsiff-2 $650,000 21 J~8 $2'J,707 C Peters (Conservation Easement) $86.240 5 $17,248 C Subtotal $989.240 36.42 Total $37,485.390 1439.86 Figure 1. Winchester Head - Conservation Collier parcels and willing sellers Item hlo. 10F fday 22. 2007 ?age 4 of 7 --------, Winchester Head Acquired Parcels and Willing Sellers ~ \. \ -, 0____ :50 500 '.QQOFeet , Legend ,Ie-. --;;," ':'_~'{f7' Acquired V\~lIing Seller $Q(Hce Coll,er COLlllly PI()pert,' Appraise' :005 Aerial maps CL::ES'Envllc.nmenlaI3ervlces G. "Conser"1l1ir,.nCQI;ler maps-<lcquire:lprop"rhes,WiflCl1e".terheadWH1C_20_0C,rmci and IPQ re'.'15eol1-07_06 Co/lieI' COUllty ----.--....- ---'-, _.~---~_.._._._._-------- ,.,_.._---_...._----,- I ~ 4 Aoenda item NO.1 OF ~ May 22, 2007 Page 5 of 7 Collier S()il & Water cOP y Conservation District RECE1VED ,"(;,.IN'1 M.J,AGEROFFICE , ~ ~~~)'-- ~:;..1 23 2l!O7 ..;;:;r ..cAP, - -,'~~' ~L.' ";.--:.. ><:.y .P<' ~-" ~;!!eM! ) -~~ ~.... ~~ ~ ~ .li"'Y;:" ......".;' ti-'/... "'" r ...-;, .~. ... -_~~ f(, . "!, ...__ ," .f~ k ',~ ~ .~.,~-:,' .~ , - . ~ " --, . /. Elected Board of Supervisors Stan Weiner, P.E. Chairman John Cochrane Yice-Chairman Dennis P. Ya.Ro/ SecretarylTreanuer Michael SimtJtJik Svper1lisor 239-4554100 Match 15, 2007 FILE Cbairmanlames Coletta 3301 R T.....i.....i Trail Naples, Florida 34112 Dear Chairman Coletta: The Conservation Collier Laud Acquisition Advisory Committee (CCLAAC) and two m~""'" of 1hc Collier Soil & Water Conscrvation District (CSWCD) met on Mmcl1 12, 2007. TIie meeting was both cordial and infurmative. . During 0111' t1i...........mu, we were able to discover II10le similarities than di1li.~ in our approacbcs to conservatiOn. It was abundAntly clear during our ~"i that 1hc CCLAAC members are filitbfully punuing land acquisition usiug ()rrIinJonNo No. 2002-63; boweYcr, it :was DOted during the pt6p<:rty appraiser's pin l~""" Eo that 1hc per acre price is Ichoadiug to a more realistic wetland mRI'IM value. Our inIent was to infurm CCLAAC about CSWCO's adivities and.to discuss SOIIIC IIlClIS of mutual CXJDCelII: IIlICb as our previoUs request to have a pc:rmaneot II1Ol'IIlOriiun placed on land pmcbases in and adjaceot to the W'11V"1o~ head area. Also, to insure that "'''l'''''1ies are purchased at fiUr market priee; IJJlIIIII8"d and used for storm water retention; restoration of wet IaDds; and use as habitat. Where \XlIISist=t with the Land Devd.opmcot Code, some groUDd should be: modified to protect the health 8Dd safety of ~t1...- and p10perties south and west oftbeae areas. At the present time the Soil &:. Water Conservation District does not have 1hc iDoDey to purchase property in the _ where Conservation Collier bas willing sellers. Sinc:e 1hc market is euaent1y fiwomble to the pun:base of, lands for conserwtioriplllpOllCS, we do not hdapoac. a continued objection. That being said, it is our impression that CXJIIlIC[V8tion arcas should have multiple uses and be IIUIIIllpi IIIIder a geocra1 plan that derives the ~ possible economic beodit for the 1BXplIyer wbile mAinhlinmg the letter and spirit of our COD.SC:l'VlIIion purposes. 14700 Immolwlef! lWad Napln. Florida 34/20 www.C>.Wcd@comcasr.net , ---,-~ P\Qsllda Item r'0o. 10F - f~1ay .22. 2007 Pags 6 of 7 Preservation of IaDd, wbile an huyu.1lu4 consideration, should DOt be the only objective. We must do all in our powe:r to remove the impression that conservation lands may not be subjected to any changes, and/or m..mn.;n~ in a msmn_ that will never afu:r habitat or purpose. This is a concern since the public good may not be best served where otha- uses can be justificcl to WlII7lIIJt a change in policy that tabs advanlage of1eclmology, other: habit, or water mRIVIll"""l'01t ....iv.......eols. ~/ Co ~iJ/~ Py Stan Weiner ChJlinnlln Collia- Soil &; Water Comrervation District cc: Vice Chaimum TomFlI!IIftirog CommissiOD<l' Dooma Fiala ConuuissiomI' PRe! W. Coyle Cnmm;...ioner FraU: Halas County Maaapr James Mudd Chairman WiUilIIn PolIlet, 1r ~ ConscmWon Colliec 2 Item Number: Item Summary: Meeting Date: COLLIER COUNTY EJOAfW Or CourJTY COMMISSiONERS .~'F t..~leWJa ("'('amm, n~;]imr; 18 ap~;mv(1 :1'0", ','iln<::hs:':te' H(<,(j Mult'-::oar,~['1 p'oj':-ct ,1S (; :,eJ:':'?Ny A '-'r~ !'x:! on thf,- c,iIITenl' '~o:'ser','Cl:I0"1 C,;.!iler A~tlve !\cqJi~;ilIG" L"'t a,-Lj;1 ",";:,<:.,--, rOI \!',e :;uunty Ma":il9"r or hie, d,,",sner. t;) ;Jniv"l-,.- l'urSU!; rr[)D"rtle~: wlihm Hli'. p'T')ec "',m~,I(]HH,g - "'l':I~I:.'rl5 prc,'i,w(1 t,y :hr:' E!C),H{1 (,I (';;:;Iil'\, ':,ommISSloner-s arld .:1 riSK 1".( :Jc;tl()" "prr08C.'1 j(-",;eI08,,:-: by slat; (Lf:' P'IUS, ;"J'T1ln,svdlO: f\~lllir:I~:'rati\ic Sel vice,,' ",'S2i:OO~ (! no 'i),1 "-,M Date Prepared By AI~'XJnmaJ.SlJl(,cki ^,_cl'l1InI5\rah'/~ Sf'rvlces SeniOr Enviror1m"nt~1 Sp"e,nlist r""ilil"b M~nH9'''n~nt 519/:'007 e,2t 14 PM D~te Apllrovt'd By SkipCamr:-, C.F_M AClm,n;Slr-i\tivcServices F~cilit,e,. Man~f1"m"nt ,JirectrJr C"cilitiesManape:nenl 5!10i20074.20 PM Dille Approved By Skip Camp, c.r,M Ariminlstr..tive Sprvir.es Filcilit,e" Manag"-menl[),rector F,,<:ilille5Manawm,enl 5!10!2007 4;20 PM Date Approved By Of,;tOiCoord,nilt()r COllnty Manager's Office Aam;r1r5Irat,v"J\5S'Slant OfficI.' of Miln"gement S Budget 5/1112007IU4AM Dnte Approved By L~ura Davisson County M!lnager's Offi".. MiltlJgmnenl[; B""gel An..lyst Off'ceof Maf1i19"""entl: Budget 5111120079;31 AM DMe Apprond By MichJeI $mykow~ki C"cmly Manager'f. Ollie.. ~1"nJnemerl\ &. 8lJdg('t Director tiffin' off,Amwgv'1'lenti: Budget 5'11i20!!74:01 PM Date A[I[lrowd By -Iam~sV, Mudd Board a/County Call1rn,~!',ar,,,rs Count)' M,magl)r County Managp"'~ Office 5:14/21l07 ~!:5:; !IM -,.. ~ Agenda Item NO.1 OG May 22, 2007 Page 1 of 9 .~ EXECUTIVE SUMMARY Recommendation to conduct the Conservation Collier Annual Public Meeting to provide an update on the Program's past activities, to solicit proposals and applications, and to approve the Fifth Cycle Target Protection Areas (TPA) mailing strategy. OBJECTIVE: To gain Board of County Commissioners (Board) approval to conduct the Conservation Collier Annual Public Meeting to provide an update on the Program's past activities for soliciting proposals and applications and also to gain their approval for the Fifth Cycle Target Protection Area (TPA) mailing strategy. Three (3) objectives included in this request are: 1. Update the Board and the public on the Conservation Collier Program's past, current and planned activities pursuant to Conservation Collier Ordinance requirements, 2. Solicit proposals and applications from the public, and 3. Obtain approval for a Fifth Cycle TPA mailing list. CONSIDERATION: 1. Past, Current, and Planned Activities Report: A November 2002 County-wide referendum approved the Conservation Collier Program and authorized the County to issue up to $75,000,000 in bonds to acquire environmentally sensitive properties. In December 2002, the Board of County Commissioners approved Ordinance 2002-63 establishing the Conservation Collier Land Acquisition Program, hired a coordinator, and appointed a nine-member Conservation Collier Land Acquisition Advisory Committee (CCLAAC). A November 2006 County-wide referendum confirmed community support for a .25 mils ad valorem tax funding the Program for 10 years, through 2013. - The CCLAAC and staff have completed four (4) selection and approval cycles. The most recent cycle resulted in a January 23, 2007 Board approval for purchase of a total of approximately 907 acres in 7 project areas. (See attached Map 1). Total approximate appraised and estimated value for approved cycle 4 properties is $22 million, with a little over $1 million of that currently under contract and two offers within the Mcllvane Marsh project area refused. Total cost of land acquisition thus far, representing 3 completed buying cycles is approximately $43.4 million. Adding the expected land costs for cycle 4 of $22 million will result in a total expenditure of approximately $65.4 million. Ten (10) Interim Land Management plans have been prepared and approved by the Board, three Final Management Plans and one Memorandum of Agreement for management by another public agency are now in the development process. Two Preserves (Cocohatchee Creek and Otter Mound) are currently open to the public. Preserve management activities are ongoing for all acquired properties. The proposed objectives of the program's fifth year include: a. Continue to evaluate and select qualified properties and projects b. Secure grant funding wherever possible c. Conduct public meetings for development of first series of Final Management Plans d. Continue management activities for acquired properties e. Amend the Conservation Collier Ordinance and Purchase Policy to facilitate more efficient procedures. - f. Work with other County Departments to coordinate conservation land purchases with other public needs g. Finalize a program manual that defines the Program's process and procedures. ,L\.genja Item NO.1 OG r\'iay 22, 20G 7 P398 2 of 9 2. Solicitation of proposals and applications from the public: At the Board meeting, staff will make a public solicitation for nomination proposals and for property owners to submit applications in the 5th selection and ranking cycle, which is currently underway. 3. Cycle 5 TPA mailing strategy: In the past four property selection cycles, the Board has adopted Resolutions 2003-196, 2004-175, 2005-162 and 2006-122 that implemented the Conservation Collier Land Acquisition Advisory Committee's (CCLAAC) recommendations for Target Protection Areas (TPA) mailing strategies. On April 9, 2007, after recommendation from the Outreach subcommittee, the CCLAAC made recommendations for a 5th cycle TPA mailing strategy (attached as Table 1 and Map 2) and directed staff to bring these recommendations to the Board for approval. The objective for this mailing cycle will be to expand current holdings by soliciting willing sellers from property owners of lands surrounding current preserves. Approval by resolution of these recommendations by the Board will allow staff to move forward with a mailing of interest letters. FISCAL IMPACT: 1. Past, Current and Planned Activities Report: The fiscal impacts of past and current activities are stated above in the Considerations section. Conservation Collier currently has approximately $24 million in funding potential for land acquisition between budgeted land acquisition and reserve funds. The $22 million needed for cycle four will leave approximately $2 million available for any additional purchases (consider Winchester Head and NGGE Unit 53) that may be approved, based on Fiscal Year 2007 funds available for approval. Additional funds may be available for land acquisition in Fiscal Year 2008 after determining the 2007 year-end carryforward. 2. Solicitation of proposals and applications from the public: Fiscal impacts for a public solicitation for proposals and applications will not be known until such proposals or applications have been received and evaluated. 3. Cycle Five TPA mailing list: There are 45 properties included in the cycle five mailing list. The total cost for mailing letters will not exceed $20.00. GROWTH MANAGEMENT IMPACT: Fee-simple acquisition of conservation lands is consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management Element of the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: Ordinance 2002-63, in section 12.4, requires staff to conduct an annual public meeting for the purposes of providing a Past and Current Activities Report to the Board and to solicit proposals and applications from the public. Additionally, in section 10.3(1-4), a list of Target Protection Areas (TPA) is identified. Section 13.1 provides for update of a TPA mailing list and mailing of interest letters to owners within these areas. Recommendation of a TPA mailing strategy by the CCLAAC for Board approval and resolution falls within this legal framework. RECOMMENDATION: That the Board accepts the Past, Current, and Pianned Activities Report as provided in the Considerations Section as the annual Conservation Collier Report and adopts a Resolution approving the Target Protection Areas mailing strategy for the fifth property selection cycle in the Conservation Collier Program. PREPARED BY: Alexandra J. Sulecki, Coordinator, Conservation Collier Program, Department of Facilities Management 2 Agenda Ilem I~o. 103 l'Aay::2 2007 Page 3 of 9 Map 1. Conservation Collier Acquired and Approved Parcels '!), i$, o '" c, " Railhead Scrup.J ITP,bE Preserve (80.33 ac.) " " Wet W~b,dS if R R Land Tr. Preserve . (26.77 ~i:G (60 ac.) Milano Co~ohatchee (1 .46 ac.) CreekvwJ[>E[ BILT 6[.l<H Preserve z (3.6~ ale)' ~ " CORKSCREVV FD Lee County Sta rnes (367.7 ac.) Vi 1~:M(d/AI. FF ~'~J Red Maple Swam p Preserve (81.251285 ac.) Brochu (9.26 ac.) , Oetting (2.28 ac.) 'f';', rn 'JJ Winchester Head OIL WELL r-m (8.381141 ac.) GOLDEN GATE Bl vn Q ~ m ~ ';I~ \~ :.{/l ~ o " " ;;:: ~ Logan,\Noods Preserve (7.49 ac:) ;;; o .,. Nancy Payton ~ Preserve (65 ac.) W ;.' Fleischmann-North , \ (13 ac.) Collier' Dev. , Corp'; Ii '"+e'i.'r (43.69 ac.). ,,'.I RADIO Ru , " ~.~-- ~ r Legend .. :..,ptier Mound Preserve (1 Karen Parcel (.S8 ac.) .. i ac,) i _ Acquired ConServation Collier Propelties .. A-list.Approved Properties c=J State and Federal Conservation land 2.5 I 5 ,i,' uataSourc[..F'.rcelf-(.oll'e,Coun!\'Frooenj'Af'pr.l5er Co""e",allOnLand,-FNAI Creal€uBy GISICDES/Em'ltonmenlaISe",,,o. C,i(QnS<'",aIlGnC(di""'",,,p'JocqulredpropertleslAcqui'ed&Approved3_2007.''''" a~~tpg ['31e 3D5ffi I o I 10 Miles ~~~}j',ier C~':~~~Y 3 Table 1. Agenda I tem NO.1 OG May 22. 2007 Page 4 of 9 Area Objective Criteria for selection TPA (20) Parcels to add to potential wildlife corridor acquisition hetv./een Florida Undeveloped and directly 1 Panther National Vl"ildlife Refuge and N0I1h connecting to current NGGE Belle Meade AAL B-list properties Total acreage - 79.13 acres (7) Parcels 10 complete acquisition of the Vv'ithin the McIlvane 2 McIlvane marsh area Marsh and adjacent to Non-TPA Total Acreage - 90.45 acres AAL A~list properties (13) Parcels to expand the Nancy Payton Undeveloped - adjoining 3 Preserve the Nancy Payton Non-TPA Total acrca~e - 42.65 acres Preserve (3) Parcels in the Horsepen Slough, :-JGGE unit 42, to acquire 10\\le5t land in NGGE to 4 preserve wetlands and conduct and hold Undeveloped - adjoining NGGE floodwater. the Oetting property Total acreao-e - 5.68 acres (2) Parcels- to expand the Brochu property 5 Undeveloped - adjoining Non-TPA Total acreage - 8.96 acres the Brochu property Total :\umber of parcels targeted - 45 Total acreage targeted - 226.87 acres 4 Map 2. Agenda Item NO.1 OG May 22, 2007 Page 5 of 9 Conservation Collier Cycle 5 Recommended Target Mailing Areas i I Legend c=J Acquiled Lands L------, State and Federal ConserJation lands III Potential Target Mailing Parcels 9< '- ~~..~~ '. o " ,y_LE I S . , '7r' ,. ;-<'~:- ~,;.-------.~- .... ", a 'A' ;fJ, ~:;: s.~;';:,::;;~'~"~:~:,,~;~",:.~7L'~~~~:";~':: I~!~;"Y I (.".t,',v.'OES,".m""m.ot.ISm,,,,IOS - V_' :;";;'N"~""""''''''''I"VOI'MlCC_'V'''"'''.''''''''''''' .0dJp,. c~iii~r County _....._-_._._._._--.-...._----~---" .1 Area 5- Possible Brochu Expansion IM,M ()_~A_L~_SRp~_~___ 1 ~i I .1 ' Area;-4- Possible Expansion of Oetting Parcels ::"1 ; , I ~ I ' o ~ Area 3- Possible Nancy P. Preserve Expansion i , ~--~--'~"- ,- ,.,.... .........m..._.._ _ .~...-......~. ._..__..____.._'"',"_'_...- Area 1- Wildlife corridor-I-75 infill parce's I'€P-D Area 2 Mcllvane Marsh inflll Parcels i .' il IJS'11 5 Item Number: Item Summary: Meeting Date: COLLIER COUI\TY 8)AF,r, ()f. COur;" :<J:,'11,"~:'SU"J[yS "('.1:".,' "I"" Ie; ,",J'" !.""^1'10i(',P ,c,. ,In ,';.L '''f :'i',' ~,. 'I '" r;r:.:r"(j' ,,1- a"" 'Jl;r.'II~~II['I',,' WF: tc ""'iilh '-i'" ''',',,'~'I ;.c, .' 1'3 ,<;y ,'" "~-'~ '(~'I';" "'"," ,1" '.~ ,v "M ~','1(C I"-cpareu B)' J",.'~a"(1,a: SlliC~k; '<':'I,JrW,lr"!I'J'.O'V,." C5 Su "" E"'-"l;rC"""l'nl": Snc-"",;'st ':a,', """"r,'I'."")(J("IH''l' ~" :'nu? I 5,,,29 PM '\pproved B)' DJtc r~My fH~d f<'_H"n:.i:r.,lIv", Sc' ',,:es l~t'~"ltv':' s['~'Pt~ry ,~d"'l' ',' :r::t,,,,, Sc'" fe'., ~""'r;n ;,.,":,,',00711";: [,M :-"'-il~ Approved Ur ;~eli',~~ h""''i19 ;"jn,inl~tr'H--I(' S, ",'ee!. "'NI ""n,,mt~'SPQC'''I',t ':"CII", 'J''''(n'''''.'lt ~i1:li20J7 8.27 i M [Jale AppruH'uBy Si<,pCamp. C_F.M l,nm"W;1r"tiv(.'Sr;r"'(,,-,S r a(;;'liu~ r,jana~ern(.'t1t O"u:tor '-"_,I':I",,'I'''''''!1''',,,(,r;t :,~f..!2(l()? ~24 PM '\pproveu B}' D"le Shl' ':;""'v C.F M ;,<Jm,m:.;trallveSc ,.,"e5 F'-ILjl;li~.~ r.1anaw.-m'O,./ Director ;ii," r.1a;r:l(W'" ,1 ,.'1:l,'2UJ74:24 PM [j,,:e AppnlHu B}' ,):"-'B C:>ordlnJtm c." 'lnt.,- r,~ .c. n<J (lC' ,-,If I CP i-\('"",.'.tc"ij-./c{.\:-,'; "nt 'If'__;.C '-"",,:t,'rw't-,\uriJH S!:',;:OCl78HI,M CJMe Approved II}' :"aurJ D~,,,;S,,C"l :, (; """y r,~" t1.' n' , " ()~.~, crc ":'-<"-'\\)" "~.,,t '" c'"'''':.I'-': :''';''\'~t '"<-""c."',,,,;on,,,,,("" t, [i',,, ,,,I ",.: 1:~,\G7 '(,07 i;r:, ,'I!e ApprOHdB}' ,.-, ~'twC': ,-,"'vi<o" .,",t,.r,\c.n,"":f' r)trlce nil '''.' 11', ,1 & [j ,,(: ('",l C.; r" ~~ 'J' c),'-,c{-,,' "",),,"')>')11: &. [0 '1"\ ~'l.'~O(\,' -", ,c.M -;~l~ '\"pro'cu n~ .;a!11~S V. f'..-'",rj(1 Co,,"'o'':cutHy (;cmrHl"r;,v,C"s Sou"t, ~:,~n, ,,~r C-,unt.., 1';''''119",-',,'iIICC ~'-,~~007 f, 37 f,M Page I of I ',f; Aoenda Item No.1 OG - May 22. 2007 Page 7 of 9 RESOLUTION NO. 2007-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF COLLIER, FLORlDA, APPROVING A TARGET PROTECTION AREA MAILING STRATEGY FOR THE CONSERVATION COLLIER LAND ACQUISIT10N PROGRAM'S F1FTH PROPERTY SELECTION CYCLE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has recognized the need to plan for future growth and has initiated a long-term program, known as Conservation Co llier, to acquire, protect, restore and manage environmentally sensitive lands in perpetuity and to provide public open space for the benefit of present and future generations; and WHEREAS, the Conservation Collier Program includes identification and protection of Collier County's natural resources, including upland and wetland communities, native plant communities, endemic species, endangered species habitat, water resources, and aesthetic or other natural features; and WHEREAS, protected lands include those that provide appropriate natural resource-based recreational and educational opportunities, protect local water resources, provide flood control; and WHEREAS, the Conservation Collier Implementation Ordinance (hereafter referred to as "Ordinance No. 2002-63" has described Target Protection Areas (TPAs); and WHEREAS, Section 13 (I) of Ordinance No. 2002-63 provides that county staff will send letters of inquiry to all property owners within these Target Protection Areas. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I. Findings It is found and declarcd that: (A) The cost of a mailing of letters to all remaining property owners within all Target Protection Areas will be approximately $40,000, as opposed to $20 for a proposed fifth cycle mailing to criteria-based properties from identified Target Protection Areas and other areas that meet program goals and criteria. (B) Many undeveloped properties within Target Protection Areas are small lots within established subdivisions and would not be appropriate for acquisition by Conservation Collier. ,!o,:Jenda Item f\~o 10'3 ~ i\f;ay 22. "2007 Pags 8 Df 9 (C) Using estimated rates of return of positive interest generated by property owner interest letters in previous selection cycles, it has been detennined that mailing 45 interest letters will result in approximately 2 parcels for review and ranking on the Active Acquisition List. Staff anticipates some additional number of Dwner and public nominations as well. (D) There has been an Outreach Subcommittee recommendation that was unanimously approved by CCLAAC on April 9, 2007, endorsing a strategy for a targeted mailing outreach effort. This strategy is to more specifically target lands that are likely to contain high quality environmental resources and to enlarge current land holdings. (E) The CCLAAC is authorized by Ordinance No. 2002-63 to recommend an update to the Target Protection Areas List and selection strategy to the Board of County Commissioners to fulfill the purposes of the Conservation Collier Program. (F) This resolution is adopted pursuant to applicable provisions of law. SECTION II. Be it also resolved that Collier County Board Df Countv Commissioners adopt the following fifth-cvcle Target Protection Areas mailing strategv: ]. Staff shall send 45 interest inquiry letters to owners of undeveloped properties within the following areas: Area Objective Criteria for TPA selection (20) Parcels to add to potential wildlife Undeveloped and ] corridor acquisition bet"veen Florida directly connecting NGGE Panther National Wildlife Refuge and to current AAL B- North Belle Meade list properties Total acreae:e ~ 79.13 acres Within the Mcllvane (7) Parcels to complete acquisition of the Marsh and adjacent Non-TPA 2 f\.1dlvane marsh area Total Acreage - 90.45 acres to AAL A-list properties (13) Parcels to expand the Nancy Payton Undeveloped - 3 Preserve adjoining the Nancy Non-TPA Total acreage - 42.65 acres Payton Preserve (3) Parcels in the Horsepen Slough, Undeveloped - NGGE unit 42, to acquire 100vcst land in 4 NGGE to preserve wetlands and conduct adjoining the ",GGE and hold floodwater. Oetting property Total acreae:e - 5.68 acres (2) Parcels- to expand the Brochu Undeveloped ~ 5 property adjoining the Non-TPA Total acreage - 8.96 acres Brochu property Total Number of parcels targeted 45 Total acreape tar~eted - 226.87 acres 2 Agenda Item No. 10G May 22, 2007 Page 9 of 9 SECTION III. Effective Date. This Resolution adopted and made effective this 22nd day of May 2007, after motion, second and majority vote fa vOTing same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Jim Coletta, Chairman Approved as to form and legal sufficiency: By: 3 Agenda Item No. 10H May 22, 2007 Page 1 of 28 - EXECUTIVE SUMMARY Recommendation to enter into a supplemental agreement with the South Florida Water Management District (SFWMD) related to a September 23, 2003 agreement that conveys or causes to be conveyed at no cost to Collier County fee simple interest to 640 contiguous acres, more or less, for Off Highway Vehiele (OHV) Use and approve any and all budget amendments deemed necessary in association with this action OBJECTIVE: To approve a Supplemental Agreement with the South Florida Water Management District that further delineates the obligations of the District under the 2003 Agreement to convey 640 acres for OHV and passive recreational uses and provides conditions upon which Collier County is willing to accept the Lake Trafford site as satisfaction of this obligation. CONSIDERATION: - South Florida Water Management District ("District") and Collier County, along with the Board of Trustees of the Internal Improvement Trust Fund, entered into an Agreement on September 23, 2003 whereby the District agreed to convey 640 contiguous acres to Collier County for recreational use, including OHV use, in consideration for the vacation of platted roadways in the Southem Golden Gate Estates lands and the release of any public easement rights in Janes Scenic Drive and Miller Boulevard Extension. This conveyance was to take place by October I, 2005, and was intended to replace the land lost by virtue of the County's vacation of these roadways. In 2005, the District proposed the Lake Trafford site, which is approximately 625 acres currently being used by the District for the placement of dredged material from Lake Trafford. The site was rejected by the County. At a joint meeting on January la, 2007 between the Collier County Board of County Conmlissioners and the SFWMD Governing Board the parties proposed resolution of this dispute based on the following: L In fulfillment of its obligation to convey fee simple interest to approximately 640 acres suitable for recreational OHV use and passive recreation, pursuant to the 2003 Agreement, the District would transfer good and marketable title to the Lake Trafford site after completion of the Lake Trafford dredging project and after remediation of the site in accordance with state and federal standards for its intended use. ,-- 2. Upon the completion of the Lake Trafford dredging restoration project, the District would pelmit and construct the necessary e311hwork on the Lake Trafford site consistent with the conceptual site plan entitled, "South Florida Water Management District Potential OHV Park Land" previously prepared by George Fogg (IBIS Consulting) on September 1,2006 (see Exhibit D* to Supplemental J\gsnda !tern No.1 OH May 22, 2007 Page 2 of 28 Agreement). ;, [The attached Agreement provides for the conveyance of the Lake Trafford site after proper remediation of the site and completion of the site earthwork consistent with the proposed conceptual plan. The District will pay for the design, permitting and completion of the initial site preparation consistent with the conceptual site plan. The District will provide the County with all plans for County approval before commencement of work. Paragraph 5 also provides County with opportunity to conduct its own investigation prior to acceptance conveyance ofthe site). 3. The District would **]ease approximately ]50 acres of land in Collier County to be utilized by the County as an interim recreational ATV site. The District would provide this temporary site to Collier County until the Lake Trafford site is made available to Collier County for permanent use. In addition the District would fund the County's operational expenses of this temporary site. ;'*[The District and Alico, Inc. has entered into an annual lease agreement that provides for A TV use on approximately 150 acres. The lease commences on July 1, 2007 and allows for ATV use three weekends a month, including 3-day holiday weekends, during the hours of 8:00 a.m. to 7:00 pm. The Lease provides for one additional year renewal. The lease is Exhibit B to the attached Supplemental Agreement. The Snpplemental Agreement provides further that the District will pay the rent and cover all costs incurred by the County for the operation and maintenance of this interim site, including capital start-up expenses. Distl'ict is responsible for the restoration of the leased property upon termination of tbe Lease. Finally in the event the District is unable to provide this interim site until such time as the Lake Trafford site has been accepted by the County and is ready for public use, the County will be entitled to the fair market rental value of the interim site on a monthly basis until the Lake Trafford site is ready. County staff will be responsible for operating this site and must prepare a Management Plan that conforms to the requirements of this lease]. 4. The District also agreed to assist the County in providing a ***public boat ramp site in Collier County. ***[The attached Agreement provides that the District will assist the County in acquiring a boat ramp for public use within Collier County, but provides that the District may meet this obligation by making a financial contribution.] Attached is a proposed Supplemental Agreement that reflects this understanding. Agenda Item r'>io,10H I!:ay 22, 2007 ~)age 3 of 28 LEGAL CONSlDER.\TlON: The proposed agreement amends and supplements the eXlstmg September 2003 Agreement between the State, the District and the County as it relates to the District's obligation to convey 640 acres of land. The Supplemental Agreement also provides a clarification regarding the State's obligation under Paragraph 8 of the 2003 Agreement to maintain the roadways and provide access within those areas identified therein. All other provisions of the 2003 Agrecment remain in force and effcct. By approving this Supplemental Agrcement, the County agrees to accept the previously proposed Lake Trafford site provided the conditions contained in the Supplemental Agreement have been met. FISCAL IMPACT: SFWMD has agreed to provide up to $75,000 for initial start up costs associated with the leased site. Thereafter SFWMD will pay expenses annually based upon actual costs. The SFWMD will pay for all pennitting, design and earthwork costs associated with the Lake Trafford site and will pay for all remediation necessary at the Lake Trafford site. Finally, SFWMD has indicated as part ofthis agreement will assist the County in acquiring a boat ramp in Collier County for public use. Recognizing that the acquisition of waterfront land through voluntary sale may be extremely difficult SFWMD has agreed that this obligation can be met by a monetary contribution to the County in the amount of $585,000. GROWTH MANAGEMENT IMPACT: The permanent Lake Trafford site will be inventoried in the Growth Management Plan. RECOMMENDA T10N(s): That the Board of County Commissioners: I. Approve the Supplemental Agreement and authorize the Chairman to execute; and Authorize staff to take those actions necessary to meet the obligations contemplated by the telms of this Supplemental Agreement; and Authorize the acceptance and recording of the warranty deed to the Lake Trafford site, subject to review and approval by the County Attorney's Office and after all conditions set forth in the Supplemental Agreement have been met. Approve any and all budget amendments deemed necessary in association with these actions. 2. 3. 4. Prepared by: Barry Willian1s, Parks and Recreation Director and Ellen Chadwell, Assistant County Attorney Page 1 of I t\g'_mdi\ I~uy, }:O r '1!,H ~'1C1,' <,L, "Ou7 r'dU" /1 of 23 COLLIER COVNTY BOARD or COUNTY CUW.~IS:-;IOt,jERS Item Number: ")1-1 Item Summary: F;:~,,,(Jnlm"IlDatlon ',0 "r,ter 111\0 <1 s"rmlelTlental a~reemi,'nt V!lt" tn~: SOutl1 F!nr:de '-/','3Ier ~,..."r',l;qHTWr,: r;I~;mc i2F'v\-'MD) ffil<1',ed iO:J ;,ertelllbe- 23 :::cn2 ;~gr""elTlfr;: :i';;J: ccrw'JVs DC ':iJ L;ses Ie De :onv'eyed ill nu <:C'~;t to c.: Dill e' :::()U!l1 y ie'O 0 I <11 :)Ie In~(" rest h, b40 CO!lI: gl.IOllS ,"]crr"~ rn:,ll'C GI les,', tor OJ! HI[lhwJy I/nh,c.le :(lr-:\', US" Cl'l8 ann()ve ,my d: d a' llw:Det II11'CI'ICjC'It"l\!', <1",,""'<(';) 'WC8SS3',/ I' i,i~_~JKI'-':I()n v,.-Itn r'-:~ a,l,on 'M:.:r-IJ F:zW'1 ,,v ,\Jnvw,l: ',to", f"u~!IIC See'Jlce,\. Meeting Date; 1',,'LC(;\i, 8~JO OC:,M Prepareu R}' Barry Williams DIrector Date hmlicScrv,ces P"rk,.."ndhccre"\lOn 5/S,'2D07 3.4211 PM Approv<,d By B"rrvViiliJ.W1S Director D~te Public Services ParkS<lm! r~eq"ntlon !\lSiIOG7345PM Allpron'u D}' MarlaRam~,.,y PublicSer"icf!S Administrator DaHl PUblic 5e,vi"es Public Servicec"Admm 5!1n:::00711:59t,M ApproVl.'d By DMBCoordiFlntor AJmlll!strati'l" ASSls:,,,,t Dilte Count\' Manager',.. Offic!" Office of M"na~l'm"'"1 & Budgct 5111.'2007 8e20 t.M Aflflrnvcd Uy Mi~h<le' Smykows~j Management & Bl-IdgetDi,cctor Date COUfll\' M<ln~gcr'~ Office Office of M<m~qeml;f1t & B"dgat 5111:2007 i2:0(;PM Approved By J~rrnsV, Mudd ::cunt,. M~n<lg0r Date Bc~rd of County C",m!\, M"n~g"r'5 [,(fica 5I16120GTeS5Ar" Commissioners .t\Jenda item ~,jo, 10H - r\~ay ::2 2007 F'age 5 of 28 SUPPLEMENTAL AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY This SUPPLEMENTAL AGREEMENT is made and entered into this day of . 2007, by and between Collier County, a political subdivision of the State of Florida (hereinafter "COUNTY") andJhe South Florida Water Management District, an agency of the State of Florida (hereinafter "District"). WITNESSETH WHEREAS, on October 8,2003, COUNTY, the Board of Trustees of the Internal Improvement Trust Fund and District entered into an Agreement ("2003 Agreement") that provided, inter alia, that District and lor Big Cypress Basin. a subdistrict of District, conveyor cause to be conveyed, at no cost to COUNTY, fee simple interest to 640 contiguous acres, more or less, no later than October 1. 2005; and WHEREAS, District has tendered a site to meet this obligation known as the Lake Trafford site, which site is currently unavailable for use and which COUNTY has rejected as unsuitable; and WHEREAS, on January 10, 2007. a Joint Meeting was held in Naples, Florida, between the governing boards of COUNTY and District in accordance with Chapter 164. Florida Statutes, in an attempt to resolve this dispute over the 640 acre obligation and District proposed providing an interim site until such time as the Lake Trafford site can be prepared and rendered suitable for COUNTY's proposed OHV use; and WHEREAS, as a consequence of the discussions had at the Joint Meeting, District has leased approximately 150 acres of land from Alico in Collier County, -, Agreement Between the South Florida Waler Management District and Collier County Page 20fB Agenda Item NO.1 OH May 22, 2007 Page 6 of 28 generally depicted in Exhibit "A" attached hereto (hereinafter "Interim Site"). to be utilized by Collier County as an interim temporary recreational A TV site until the Lake Trafford site can be made available by District; and WHEREAS. the lease, a copy of which is attached hereto as Exhibit "B" (hereinafter "Lease"). provides that the site can be operated for ATV use during daylight hours at least three (3) weekends a month year round, with the ability to extend those days of operation with Alico's consent; and WHEREAS, COUNTY and District recognize that the State of Florida Division of Forestry, rather than the District, will be responsible for the maintenance of the project area, as defined in the 2003 Agreement, and seek to amend the 2003 Agreement accordingly; and NOW, THEREFORE, in consideration of the mutual benefrts derived herefrom, the parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein as if set forth verbatim. 2. The District will provide the Interim Site as a temporary ATV site to COUNTY until such time as the Lake Trafford site has been accepted by COUNTY and is ready for public use. COUNTY'S acceptance shall not be unreasonably withheld and COUNTY shall accept the Lake Trafford site when it is suitable for ATV use. COUNTY shall be required to operate, manage, and maintain the Interim Site and shall submit a management plan to the District for review and approval which is consistent with the terms of the lease. The District shall have no responsibility for safety with respect to the operation of ATVs. the use of the Interim Site by the public, COUNTY, contractors or Agreement Between the South Florida Water Management District and Collier County Page 30f8 .!"'Jf;lida Item r-Jo. 1 :;H J 1'"':8\1 22. 2007 Pa'ge 7 Df 28 any others and the operation, management and maintenance of the site/property. That is, COUNTY shall have sole responsibility for managing, maintaining and operating the Interim Site with respect to any and all safety issues and in accordance with the provisions of the management plan and the Lease. All personnel shall be employees, agents or representatives of the COUNTY, and complete responsibility and liability for the supervision of the onsite personnel shall be with COUNTY. 3. The District shall pay the rent and all charges and fees required by the lease, including the cost of any land restoration upon termination of the lease, and all costs incurred by COUNTY for the operation and maintenance of the Interim Site (excluding any costs, damages, attorneys fees, liabilities or judgments, arising out of or related to any personal injuries, deaths, or personal property damage). To that end District will pay COUNTY, within thirty (30) days of the effective date of this Supplemental Agreement an advance payment of $75,000 to be applied to COUNTY's initial start up costs and operating expenses. The District shall reimburse COUNTY annually for the actual costs incurred by COUNTY to manage the site consistent with the management plan and the Lease, which costs shall include, but not be limited to, staff training, equipment, capital start-up expenses. operating expenses, security measures and personnel expenses. Reimbursement shall be made by District at the end of its fiscal year (September 30th), provided COUNTY has provided District with an accounting of said expenses in accordance herewith. District will be credited for the advance payment of $75,000. An example of the type and estimated cost of reimbursable start-up and operating costs intended by the parties is in a table attached hereto as Exhibit C. All .. Agreement Between the South Florida Water Management District and Collier County Page 4 of 8 Agenda Item t\Jo. 10H May 22, 2007 Page 8 of 28 fiscal records shall be maintained by COUNTY pursuant to generally accepted accounting standards, and other records shall be maintained to the extent necessary to clearly reflect actions taken. District and its authorized representative will have access to COUNTY records for the purpose of conducting audits and examinations and making copies and transcripts. All records shall be retained and kept accessible for at least three years following the final payment made under this Supplemental Agreement or all . pending matters are closed, which ever is later. 4. Upon the completion of the Lake Trafford dredging restoration project, the District will, at its sole cost, design and permit the initial site preparation for the Lake Trafford site consistent with the conceptual site plan entitled. "South Florida Water Management District Potential OHV Park Land" previously prepared by George Fogg (IBIS Consulting) on September 1, 2006 and attached hereto as Exhibit "D" ("Conceptual Site Plan"). In addition to the permitting and design. District shall pay for and perform all necessary earthwork ("Improvements") to prepare the site in accordance with the Conceptual Site Plan and all local, state and federal regulations. All Improvements. however, will be subject to COUNTY's approval, and District shall provide COUNTY with all proposed plans for the Improvements and obtain COUNTY's approval before commencement of work. 5. The District shall also perform all remediation necessary for the Lake Trafford site to be suitable for recreational OHV use and passive recreation as acceptable to the federal and State of Florida Department of Environmental Protection (DEP) applicable standards or site specific risk assessment/corrective action values acceptable to FDEP and consistent with the Conceptual Site Plan. Upon completion of . item No. 1(}H ~ ~ - . 'I" """"c 7 i\r":J)'':'''L ':-':)r! Page 9 0: ..:8 Agreement Between the South Florida Water Management Oismet and Collier County Page 50fB the provisions in this numbered paragraph, the District shall provide COUNTY with written notice of satisfactory completion of the Improvements and remediation and copies of all environmental reports and soil samplings. COUNTY shall have sixty (60) days within which to conduct its own investigation and property inspection in order to verify the fitness of the Lake Trafford site for its intended use and compliance with Paragraphs 4 and 5 herein, and District will provide COUNTY with access to the site for this purpose. The COUNTY shall notify District within this time period of any objection to title or its objection to the physical condition of the Lake Trafford site as either not conforming with the approved plans as provided in Paragraph 4 or failing to have been remediated as provided herein. Failure of COUNTY to provide District with written notice of its objection within this time period shall be deemed an acceptance of the site. If no objection is made. District shall convey title to the Lake Trafford site by Quitclaim Deed to COUNTY. 6. If the COUNTY notifieS District of a proper objection in accordance with paragraph five (5) (hereinafter "objection"), District shall use its best efforts to correct COUNTY's objection to the Lake Trafford site. If District fails to correct the objection after sixty (60) days, then COUNTY, at its election, may undertake its own efforts to remedy the objection at District's expense and delay acceptance of the Lake Trafford site until such time as the objection is remedied and the expense of such remedial action paid in full by District, or may refuse acceptance of the site. 7. The District will assist the COUNTY in acquiring a boat ramp in Collier County for public use. Recognizing that the acquisition of waterfront land through voluntary sale may be extremely difficult and significantly over-priced, the parties agree Agreement Between the South Florida Wal8r Management District and Collier County Page 6 of 8 A.genda Item NO.1 OH May 22, 2007 Page 10 of 28 that this obligation can be met by DISTRICT with a monetary contribution to COUNTY in the amount of $ 585,000. 8. The District will have no affirmative obligation under the October 2003 Agreement (2003 Agreement) between the District, the County, and the Board of Trustees of the Internal Improvement Trust Fund (Trustees) to maintain the roadways and/or provide access in Picayune Strand and the areas identified in the 2003 Agreement. It is the intent of the parties as represented in previous Chapter 164 discussions with counsel for the Board of Trustees that the State of Florida Division of Forestry (DOF) shall have the sole responsibility for the maintenance of the roads and the providing of access in Picayune Strand and areas referenced in the 2003 Agreement. 9. It is the intent of District and COUNTY to be bound by the terms of this Agreement and any terms of this Agreement that conflict with the October 2003 Agreement shall be deemed to supersede and replace in their totality the conflicting terms of the 2003 Agreement. 10. However, since the Trustees were a signator to the 2003 Agreement, it is the intent of District and COUNTY to enter into a written agreement with the Trustees whereby the Trustees formally confirm their understanding of this modification of the terms of the 2003 Agreement consistent with the terms set forth herein. Both the District and County agree to cooperate and communicate with DEP to property effectuate DEP and/or Trustee's approval of this road maintenance/access modification provision. , Agreement Between the South Florida Water Management District and Collier County Page 7 of 8 L\;j::<Kia item hJo. 1 O,~ f,!~ay 22. 20D7 Page 11 of 28 11. In the event District defaults under Paragraph 2 of this Supplemental Agreement, COUNTY shall be entitled to the fair market rental value of the Interim Site, on a monthly basis until such time as the Lake Trafford site is suitable for ATV use or has been accepted by COUNTY. In the event the Alico lease is terminated prior to the Lake Trafford site being accepted by the County, the District will exercise its best efforts to promptly provide a comparable alternative interim site and the District and County shall have the same obligations relative to the interim site referenced in this agreement If District is unable to extend the Alico lease or provide an alternative interim site until such time as the Lake Trafford site is accepted by COUNTY but does otherwise tender the Lake Trafford site in compliance herewith, the District shall pay to COUNTY the fair market rental value of the Interim Site as provided herein. 12, The effective date of this Supplemental Agreement is the date this document is executed by the last signing party. 13. COUNTY intends to pursue zoning approval for the proposed OHV use of the Lake Trafford site in advance of its acceptance by COUNTY. District agrees to cooperate with COUNTY in this endeavor, including. but not limited to, providing written consents where needed, sharing all environmental reports about the property, providing access to the site, and the like. Moreover, the parties agree to cooperate with each other and undertake any action deemed reasonably necessary to facilitate the performance of the mutual obligations contained herein SOUTH FLORIDA WATER MANAGEMENT DISTRICT, By Its Governing Board Agreement Between the South Florida Water Management Dismet and Collier County Page 8 of 8 Agenda Item NO.1 OH May 22, 2007 Page 12 ot 28 ATTEST: By: Kevin McCarty, Chairman District Clerk (SEAL) Date: Form Approved By: South Florida Water Management District Counsel Date: COLLIER COUNTY, By its Board of County Commissioners ATTEST: By: , Chairman Deputy Clerk (SEAL) Date: Approved as to Form and Legal Sufficiency By: Assistant County Attomey Date: Item ~XffiBIT B ,iAay 22. 2007 fag'L t'f AS", F: Contract No. LEASE AGREEMENT . _.,,-,. ,..~..~. ~ ,. .., r- [Q)mJjlj?U' \ ~. ,___ -,~.~-",J ......... -- BETWEEN THE ALICO, INC. AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT This LEASE AGREEMENT ("LEASE"), is entered into this _ day of .2007, by and between "the Parties," and ALICO, INC., a corporation of the State of Florida, with its principal office at 640 Main Street, LaBelle, Florida 33935 (the "LESSOR"), and the SOUTH FLORIDA WATER MANAGEMENT DISTRICT. a public corporation of the State of Florida., with its principal office at 3301 Gun Club Road, West Palm Beach, Florida 33406, and whose mailing address is Post Office Box 24680, West Palm Beach Florida 33416-4680 (the "LESSEE"). WITNESSETH: WHEREAS, the LESSOR holds title to certain lands containing 150 acres, more or less, as shown in Exhibit "A" attached hereto and incorporated herein by reference (the "Premises"); and WHEREAS, the LESSEE desires to lease the Premises for the pnrposes of establishing a public all terrain vehicle CATV") recreational facility to be operated and managed by Collier County; and WHEREAS, the LESSEE is empowered to enter into contracts with public agencies, private corporations or other persons, pursuant to Section 373.083(1), Florida Statutes; WHEREAS, the LESSOR is amenable to leasing the Premises for pnrposes of providing a public outdoor ATV recreational facility; and NOW THEREFORE, in consideration of the duties, responsibilities, obligations and covenants herein contained to be kept and performed by the LESSEE, the LESSOR does hereby lease to the LESSEE the Premises in accordance with the following terms, conditions, covenants and provisions: L DESCRIPTION OF PREMISES: The property subject to this LEASE is situated in the County of Collier, State of Florida and is more particularly shown in Exhibit "A" attached hereto and hereinafter called the "Premises". """ Agenda item ~jo. 10H May 22, 2007 Page 14 of 28 2. TERM: The term of this LEASE (the "Lease Term") shall be for a period of one (I) year, commencing on July I, 2007 (the "Commencement Date") and ending on June 30, 2008 (the "Expiration Date"), unless sooner terminated pursuant to the provisions ofthis LEASE. For Ten Dollars ($10.00) consideration, the receipt and sufficiency of which is hereby acknowledged as part of the fIrst Rent payment made hereunder, and provided LESSEE has not defaulted under any terms, conditions, covenants or provisions of this LEASE, and further provided this LEASE has not been terminated pursuant to any other provision of the LEASE, then LESSEE shall have the option to renew the Lease Term for one (1) additional one (I) year consecutive lease term (the "Renewal Lease Term''), provided LESSOR receives from LESSEE written notice of LESSEE's exercise of LESSEE's option to renew no later than one hundred eighty (180) days prior to the expiration date of the Lease Term. In the event LESSEE properly exercises its option to renew this LEASE, then the expiration date shall be extended for a period of one year. In the event LESSEE fails to exercise its option to extend for the Renewal Lease Term or fails to properly or timely exercise its option to extend for the Renewal Lease Term, the LESSEE shall automatically be deemed to have waived its right to extend the Lease Term for the Renewal Lease Term, unless otherwise allowed by LESSOR All terms, conditions, covenants and conditions of this LEASE shall apply during the Renewal Lease Term, if applicable. 3. PURPOSE: This LEASE is to provide a site for the establishment of a public outdoor ATV recreational facility. The Premises shall be managed by Collier County (the "County") which shall also be solely responsible for the operation and maintenance of the facility. The facility shall be open for public use during daylight hours only (after 8 :00 am. and before 7 :00 p.m.) three weekends per month. For purposes of this LEASE, "weekend" shall be defined as Saturday, Sunday and extended national holiday weekends which include either a Monday or Friday, such as Labor Day or Memorial Day weekend. The Parties acknowledge and agree that the hours per day and/or number of days per month that the Premises are open for public use may not be increased or revised without the prior written consent of LESSOR, which consent will not be umeasonably withheld. LESSOR agrees that it will consider an enlargement of these hours of operation after the initial term of the Lease. LESSEE shall provide, or cause to be provided, on site management during all times that the Premises is open for public ATV use. In addition, LESSEE shall also require all ATV's entering the Premises to be equipped with GPS tracking devices to enable LESSEE or the County, as manager of the Premises, to monitor the ATVs to insure they do not enter those environmentally sensitive portions of the Premises which are depicted generally on Exhibit "A," or adjacent properties, closed to public recreational A TV use. 4. RENT: As consideration for the rights conferred upon the LESSEE by the LESSOR pursuant to this LEASE, the LESSEE shall pay to the LESSOR a yearly rental in the amount of Eighteen Thousand Dollars ($18,000.00) ("Rent"); together with all applicable sales and use taxes. The fIrst payment of Rent shall due on the Commencement Date and all subsequent Rent payments shall be due on the anniversary date thereof through the expiration or earlier termination of the Lease Term, including the Renewal Lease Term, if applicable. All applicable sales and use taxes shall be added to the Rent payments during the Lease Term and shall be paid to the LESSOR by the LESSEE. .' . 'H ..... ., '@fJliJ?71 ' ; .0-." "_'_..__.~, '~'." .. ----........- ,.,../ 2 /\;:;snja ,tem f~Q, 10H - r\flay 22. 2007 ?ag8 ',5 of =8 5. QUIET ENJOYMENT AND RlGHT OF USE: LESSEE and its employees, contractors and agents shall have the right of ingress and egress to, from and upon the Premises for all purposes necessary for the full quiet enjoyment by said LESSEE of the rights conveyed herein. 6. UNAUTHORlZED USE: LESSEE shall, through its agents, employees and contractors, prevent the unauthorized use of the Premises or any use thereof not in conformance with this LEASE. LESSEE acknowledges and agrees that this LEASE does not give LESSEE any right or interest in or to any lands owned by LESSOR beyond the Premises as identified in Exhibit "A" attached hereto. 7. RlGHT OF INSPECTION: LESSOR or its duly authorized agents shall have the right at any and all times to inspect the Premises and the works and operations thereon of LESSEE, in any matter pertaining to this LEASE. 8. LIABILITY/INSURANCE: The LESSEE warrants and represents that it is self-funded for Worker's Compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the LESSEE's officers, employees, servants and agents while acting within the scope of their employment during performance under this LEASE. The LESSEE and the LESSOR further agree that nothing contained herein shall be construed or interpreted as (I) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; (3) a waiver, express or implied, of LESSEE's sovereign immunity of the beyond the waiver provided in Section 768.28, Florida Statutes; or (4) a waiver, express or implied, of the limitations of LESSEE's liability provided in Section 373.1395, Florida Statutes. In the event the LESSEE subcontracts any part or all of the work hereunder to any non- governmental third party, the LESSEE shall require each and every subcontractor to identify the LESSOR as an additional insured on all insurance policies as required by the LESSEE. Any contract awarded by the LESSEE for work under this LEASE shall include a provision whereby the LESSEE's nongovernmental subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the LESSOR hannless from all damages arising in connection with the LESSEE's subcontract. For value received, which is hereby acknowledged, LESSOR shall indemnify and hold LESSEE, its agents, assigns, and employees, harmless from any and all claims or causes of action, including without limitation, all damages, losses, liabilities, expenses, costs, and attorney's fees related to such claims, resulting from any negligent or intentional act or omission, or the violation of any federal, state, or local law or regulation, by LESSOR, its sublessees, agents, assigns, invitces, or employees in connection with this LEASE. This para~,'raph 8 shall survive the expiration or termination of the LEASE. 9. SURRENDER OF PREMISES: Upon termination or expiration of this LEASE, LESSEE shall surrender the Premises to LESSOR In the event no further use of the Premises "' 3 r-@ffJliJ?U ' l .' -~,~,,--, j Agenda Item No. 10'1 I~av 22, 2007 Page 16 ot 28 or any part thereof is needed, written notification shall be made to LESSOR, at least sixty (60) days prior to the release of all or any part of the Premises. Notification shall include this LEASE number and an explanation of the release, including a description of the portion of the Premises to be released if a partial release is requested by LESSEE. The release shall only be valid if approved by LESSOR through execution of a partial release or termination, as applicable, of lease instrument with the same formality as this LEASE. On or before commencing construction of any improvements on the Premises, LESSEE, at its sole cost and expense, shall conduct an assessment of the Premises, including photographing the Premises, to establish the condition of the Premises prior to the construction of any improvements by LESSEE (the "Assessment"). LESSEE shall provide a copy of the Assessment to LESSOR prior to commencing construction. Upon release of all or any part of the Premises from this LEASE or upon expiration or termination of this LEASE, all permanent improvements, including both physical structures and modifications to the Premises, shall become the property of LESSOR, unless LESSOR gives written notice to LESSEE to remove any or all such improvements at the expense of LESSEE. The decision to retain any improvements upon termination of this LEASE shall be at LESSOR sole discretion. Prior to surrender of all or any part of the Premises, a representative of LESSOR shall perform an on-site inspection and the keys to any buildings on the Premises shall be turned over to LESSOR. Prior to the expiration or earlier termination of the LEASE, LESSEE shall use its best efforts to return the Premises, or cause the Premises to be returned, to the condition in which it existed as of the Commencement Date of this LEASE, as described in the Assessment, provided, LESSOR does not otherwise request LESSEE to allow leave intact some or all improvements made to the Premises during the Lease Term, including the Lease Term Renewal, if applicable, as provided in paragraph 12 hereinbelow. In the event LESSEE does not return the Premises, or cause the Premises to be returned, to the condition in which it existed as of the Commencement Date, as described in the Assessment, prior to the expiration or earlier termination of the LEASE, LESSEE may remain on the Premises for not more than one year after the expiration or earlier termination of the initial Lease Term or the Renewal Period, as applicable for the sole purpose of returning the Premises to the condition described in the Assessment. Said additional one year period of occupancy shall hereinafter be referred to as the "Remediation Term". As consideration for LESSEE's occupancy of the Premises during the Remediation Term, LESSEE shall pay LESSOR additional Rent in the amount $18,000.00, together with all applicable sales and use taxes, with said rental payment due on or before the expiration or earlier termination date of the Lease Term or the Renewal Term, as applicable. In the event LESSEE completes the remediation and vacates tbe Premises prior to the expiration of the Remediation Term, LESSOR shall return to LESSEE a prorata share of the rental fee paid by LESSEE for such period, based on the ratio of the number of days remaining in the Remediation Term. During the Remediation Term, the Parties shall remain responsible for all other terms and conditions relative to LESSEE's occupancy of the Premises set forth in this LEASE; provided, however, that all use of the Premises as a public ATV recreational facility shall cease as of the expiration or earlier termination of the Lease Term or the Renewal Term, as applicable, and LESSEE's use of the Premises during the Remediation Term shall be limited to returning the Premises to the condition in which it existed as of the date Commencement Date, as described in the Assessment. . .., ?W[QJ~~r'J .,~,.,..._.~ _.~. ,... -.. .,. .' 4 [\cenda item No_ 10H - May 22, 2007 Page 17 of 28 10. UTILITY FEES: LESSEE shall be responsible for the payment of all charges for the furnishing of gas, electricity, water and other public utilities, if any, to the Premises and for having all utilities turned off when the Premises are surrendered. I L ASSIGNMENT: This LEASE shall not be assigned in whole or in part without the prior written consent of LESSOR Any assignment made either in whole or in part without the prior written consent of LESSOR shall be void and without legal effect 12. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures, improvements, and signs shall be constructed at the expense of LESSEE. Removable equipment or structures placed on the Premises by LESSEE or LESSEE's employees, contractors or agents which does not become a permanent part of the Premises shall remain the property of LESSEE or LESSEE's employees, contractors or agents, as applicable, and may be removed by LESSEE or LESSEE's employees, contractors or agents, as applicable, upon termination of this LEASE. The Parties acknowledge and agree that LESSEE, at its sole cost and expense, shall have the right to make improvements to the Premises in connection with the establishment of a public A TV recreational facility on the Premises, including without limitation, the construction of a parking lot and entranceway. The LESSEE shall also be responsible for installing, or causing to be installed, fencing along the boundaries of the Premises but only if existing fencing proves inadequate to prevent trespass onto adjacent lands and signage setting forth the restrictions, including any applicable rules promulgated by the LESSEE and ordinances adopted the County, governing the public's use of the Premises. The LESSEE shall also fence off any wetlands located on the Premises with hay bails and siltation devices to indicate which areas are closed to public ATV use. The aforesaid fencing, hay bails and siltation devices shall be maintained by the LESSEE or the County, as the LESSEE's contractor, during the term of the LEASE. Upon the expiration or earlier termination of the LEASE, LESSEE shall return the Premises to the condition in which it existed as 0 f the Commencement Date, as described in the Assessment; provided, however, that LESSOR shall have the right to have any or all of the improvements made by LESSEE remain on the Premises by providing written notice to LESSEE not less than sixty (60) days prior to the expiration or earlier termination of the LEASE. In the event LESSOR provides such notice to LESSEE, LESSEE shall have no further obligation to remove the permanent improvements referenced in such notice and they shall become the property of the LESSOR upon the expiration or earlier termination of the LEASE. 13. ENTIRE UNDERSTANDING: This LEASE sets forth the entire understanding between the Parties and shall only be amended with the prior written approval of LESSOR 14. TERMINATION:]t is the policy of the LESSEE to cncourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the LEASE. In accordance with DISTRICT Rule 40E-7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non-performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the LEASE. If the either party materially fails to fulfill its obligations under this LEASE, the other party will provide written notice of the deficiency by fonvarding a Cure Notic;e citing the r- ('. ., 5 @[9JA)~rJ ,l\genda itern ~~o. 10H I'k,y 22 2007 i8 of 28 specific nature of the material breach. The defaulting party shall have thirty (30) days to cure the breach. If the defaulting party fails to cure the breach within the thirty (30) day period, the other party shall issue a Termination for Default Notice. In the event the LESSEE has notified the LESSOR that it has materially breached the LEASE, by sending a Termination for Default Notice, the DISTRICT's Governing Board shall determine whether the LESSOR should be suspended from doing future work with the LESSEE, and if so, for what period of time. The DISTRICT's Governing Board will consider the factors detailed in Rule 40E-7, Part II, F.A.C. in making a determination as to whether the LESSOR should be suspended, and if so, for what period of time. Should the LESSEE terminate for default in accordance with this provision, the LESSEE shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. The LESSEE may terminate this LEASE with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the LESSOR The performance of work under this LEASE may be terminated by the LESSEE in accordance with this clause in whole, or from time to time in part, whenever the LESSEE shall determine that such termination is in the best interest of the LESSEE. Any such termination shall be effected by delivery to the LESSOR of a Notice of Termination specif'ying the extent to which the LEASE is terminated, and the date upon which such termination becomes effective. Provided LESSEE is not otherwise in default, in the event of such termination by LESSEE, the LESSOR shall return the prorated share of rental fee paid by the LESSEE for the then current term of this LEASE. Notwithstanding anything contained herein to the contrary, the Parties hereto acknowledge and agree that, in the event the LESSEE elects to terminate this LEASE with or without cause for convenience as provided hereinabove, LESSEE shall remain obligated to return the Premises to the condition in which it existed as of the Commencement Date, as described in the Assessment, as otherwise provided in this LEASE. 15. The LESSEE shall maintain records and the LESSOR shall have inspection and audit rights as follows: a. Maintenance of Records: The Parties shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this LEASE including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from the expiration or earlier termination of this LEASK b. Examination of Records: The LESSEE or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly related to this LEASE. Such examination may be made only within five years from the date of expiration or earlier termination of this LEASE and upon reasonable notice, time and place. c. Extended Availabilitv of Records for Legal DisDutes: In the event that the LESSEE should become involved in a legal dispute with a third party arising from performance under this LEASE, the LESSOR shall extend the period of maintenance for all records relating to the LEASE until the final disposition of the legal dispute, and all such records shall be made readily available to the LESSEE. 6 .. ~- ...... ,.. ~ @ff!!J?1l 'i --- - -, ... ,. .... "',, Agenda item ~~o. 10H r\~ay 22, 2007 Page 19 of 28 16. NO WAIVER OF BREACH: The failure of any party to this LEASE to insist in anyone or more instances upon strict performance of anyone or more of the covenants, terms and conditions of this LEASE shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver of any party of any one of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing, signed by all Parties. 17. NON-DISCRIMINATION: No party hereto shall discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the Premises or upon lands adjaeent to and used as an adjunct of the Premises. 18. TIME: Time is expressly declared to be of the essence of this LEASK 19. GOVERNING LAW: The laws of the State of Florida shall govern all aspects of this LEASE. In the event it is necessary for either party to initiate legal action regarding this LEASE, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 20. SECTION CAPTIONS: Articles, subsections and other captions contained in this LEASE are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this LEASE or any provisions thereof. 21. PROJECT MANAGEMENTINOTICE: The Parties shall direct all technical matters arising in connection with the performance of this LEASE, other than invoices and notices, to the attention of the respective Project Managers specified below for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreement. The LESSOR shall direct all administrative matters, including invoices and notices, to the attention of the LESSEE's Contract Specialist specified below. All formal notices between the Parties under this LEASE shall be in writing. All notices required by this LEASE, provided they are addressed as set forth below, shall be considered delivered: (i) on the date delivered if by hand delivery, (ii) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed by certified mail return receipt requested and (iii) one day after such notice is deposited with any form of overnight mail service for next day delivery. Either party may change its address by providing prior written notice to the other of any change of address. All correspondence to the LESSEE under this LEAS.E sp.all..;:eferenee the LESSEE's Contract Number and should be copied to the County to 'the attention of Marla Ramsey, Administrator, at the address given below .,- . .. '.;. ;",) . " ...~. [Q)[9JfllFu J 7 !\genda Item NO.1 OH May 22, 2007 Page 20 8f 28 LESSEE: Project Manager: Contract Specialist: South Florida Water Management District P.O. Box 24680 West Palm Beach, FL334l6-4680 LESSOR: John R Alexander CEO Abco, Inc. 640 South Main Street LaBelle, FL 33935 COUNTY: Marla Ramsey, Administrator Public Services Division, 3301 Tamiami Trail East Naples, Florida, 34H2. 22. EXISTING INTEREST IN LEASED PREMISES: The LESSOR warrants and represents that it has title to the Premises. 23. MISCELLANEOUS PROVISIONS: a. Invalidity of Lease Provision: Should any term or provision of this LEASE be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law or ruling of any form of competent jurisdiction, such invalidity shall not affect any other term or provision of this LEASE, to the extent that the LEASE shall remain operable, enforceable and in full force and effect to the extent permitted by law. b. Inconsistencies: In the event any provisions of this LEASE shall conflict, or appear to conflict, the LEASE, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. c. Final Agreement: This LEASE states the entire understanding between the Parties hereto and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The LESSOR recognizes that any representations, statements or negotiations made by LESSEE's staff do not suffice to legally bind the LESSEE in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized representative of the LESSEE. This LEASE shall bind the Parties, their assigns, and successors in interest. d, .. . .. r [Q)!PJtiJfu., 8 )\';;enja itern r~o, 10H f\,~ay 22. 20(; 7 Page 21 of 28 d. Survival: The provisions of paragraph 23( e) shall survive the expiration or termination of this LEASE. In addition, any covenants, provisions or conditions set forth in this LEASE which by their terms bind the LESSEE or botb the LESSOR and the LESSEE after the expiration or temlination of this LEASE, shall survive the expiration or termination of this LEASE. e. Waiver of Trial by Jury Provision: As an inducement to the LESSEE agreeing to enter into this LEASE, the LESSOR and LESSEE hereby waive trial by jury in any action or proceeding brought by one party against another party pertaining to any matter whatsoever arising out of or in any way connected with this LEASE or the LESSEE's occupancy of the Premises. f The LESSOR shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the LESSOR assert any exemptions to the requirements of Chaptcr 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the LESSOR 24. RELATIONSHIP BETWEEN THE PARTIES: A. The Parties shall be considered independent contractors and neither party shall be considered an employee or agent of the other party. Nothing in this LEASE shall be interpreted to establish any relationship other than that of independent contractor between the Parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this LEASE. Both Parties are free to enter into contracts with other Parties for similar services. B. It is the intent and understanding of the Parties that this LEASE is solely for the benefit of the LESSEE, LESSOR and the County. No person or entity other than the LESSEE, LESSOR or the County shall have any rights or privileges under this LEASE in any capacity whatsoever, either as third-party beneficiary or otherwise. Notwithstanding anything contained herein to the contrary, the Parties hereto acknowledge and agree that LESSEE intends to enter into an agreement with the County whereby the County shall be solely responsible for the operation, management and maintenance of the Premises as a public ATV recreational facility C. The LESSOR shall not assign, delegate, sublease or otherwise transfer its rights and obligations as set forth in this LEASE without the prior written consent of the LESSEE unless such transfer of the LESSOR's rights and/or obligations is done in conjunction with the LESSOR's enrollment of the Premises in the Rural Land Stewardship Program, specifically as part of the Rural Land Stewardship Sending Area which shall not require the prior written consent of the LESSEE. Any other attempted assignment in violation of this provision shall be void. D. The LESSOR shall not pledge the LESSEE's credit or make the LESSEE a guarantor of payment or surety for any LEASE, debt, obligation, judgment, lien, or any form of indebtedness. 9 .....,,;..... ---- ., : r . . ' '@~~L?!T t: I\genda item ~"jo. 1 OH f,jav 22. 2007 Page 22 of 28 IN WITNESS WHEREOF, the Parties have caused this LEASE to be executed on the day and year first above written. LESSOR: ALICO, INC., a Florida Corporation By: Print Name: Title: ATTEST: By: Print Name: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 2007, by and as of Alico Corporation, a Florida corporation, on behalf of the corporation, who are personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: LESSEE: 10 .... .- r~mr~~r" <. 'i.;) '/:-.Jsnja Jtem t~o. 10H ~ r\~ay 22, 2007 Page 23 of 28 SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD ATTEST: By: Director of Procurement Office of Counsel Approved: Date: Procurement Approved: Date: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of ,2007, by and as Director of Procurement of the South Florida Water Management District, on behalf of the corporation, who is pcrsonally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: ... , r @~&~?r l . - II .I'\genej Temporary All Terrain Vehicle (ATV) Park Hours of Operation Hours of operation arc 9AM to 5PM, three weekends per month and select three day weekends. Park Rangers will work from 8AM to 6PM. Budget Assumptions ATV Temporary Facility Six (6) Month Start-up Salaries/Fringe Operating Expenses Capital Expenditures $29,033 $15,300 $29,990 $74,323 Tota/ Expense Capital Expenses Three (3) ATV's Two (2) A TV Trailers One (J) 10' * 10' shed for an office One (J) generator and (4) radios Salary/Fringe/Operational Assumptions: Three rangers will work during each day of the weekend (26) Two will be patrolling the A TV riding area to ensure compliance and proper riding techniques, and patrolling the entry road One ranger will be stationed at the gate to collect memberships if applicable, this ranger will ensure that the gates are kept closed Also to ensure the proper number of rides are in the park at any given time Enforce the normal parks and recreation park rules and safe A TV riding practices I:YI:IIBIT C Item !\J'lr.'iUH , ,ay 22, 2007 g€1'%.t5) r=:_ Ii'-Ct.) oO'~'.J ~o_ .N 0 ~ 0.i Lr') :::(,~>JN - ....,Q) Cl)m:J> :::::~ CO ~o.... " 'D C (I) '" <I: F g = @:: p (f,;;'7J = g F ~g WJ~ ~[~ rud ~~ ~1Qb ~~ ~[Qb ~~ = @::6 WJrQl pd ~~ ~= ?=,p ~~ g [UtI] =F @::rrQl glfuo d [lS ~ [= d g @ f-" ". ~ z o , z ] :l ! o . ~ ~" ~j " ;; " " ;; z c ~ . E i ~ ~ , , < I < 9 i ~ 1 > " o o I ! "',""....."'."._'~"~M". "",.,...""ru,", '"'''''''......... '......_"'.. ....,.".,"'-....., I, .......".-.... ,,',-,"=~. _-"H<'~" pj ',iir-Y+ 1.::1 'A.lNnO:J t131l10:J '1"1' !~.i ~~ 1 NN h- ON'v'l >IHo'd AHO 1'v'IIN310d ~;. f ~. ,:" ~- ~ lI'" I I Dll:IISIO IN3VIJ3~'v'N'v'V\J 1:I31'v'M 'v'Oll:lOl.:l HInos ,I l'ii I, I ~ON """-'-=:>........ , 0 'W 'N N ;:: >-.ill Q) ro :=::;2:, I/t;"'" :j~. .~'J" . '.~ ""'''''~!' !'f;\'~'" 'F- .. '~'. ! " ,..~ , ' ro '0 C Q) :J) <! I J .0 f-t~ ,,-w , , I , ~ 1 ! . ! , /1 i , 1 '. I I ! J , \\~ J:~!ld ~ 1 1" , \\........:..~\\I'.I\ ! \\Y";I -\\\. .:: \\' 1_ 'ii\:G. I ,".~".<, " (;1 :'. ~ .,,----j '--=-",';r,- ~~; " . ~ ,I h w ~:;I ~---,.. '.. 1 '" II I Q\ " :._ c:::),--~~) I a I f:,::t:'~'-.~l ....,Y. I) 0 "~'Ail.' ~ 1. (~,:) ,~~] (V-: ! ;1.: ~)J . !!~1 ,I[}.....,/ -'" "I.'. g, . ~.~~j\ ~ l;~~-~<j'i.: ; 1 ~(.IW~ I ,..'~",I, "" ;~. r'~1 if! I ,I, . '" 1 u , . ~'I ", ~\~";".'l~'~.)'.~~"" [',1 ~I.. ~, t'f.i ;, f,.~ ~8 ;1'"~~~ i. ~~ li,' \l ~ , . l ~ ~ r ~ ~ ~ . o o , ffi ~ " EXHIBIT E -;2 :t~'<T: No. 'i:JH I 22 :::C!C7 ::DeE}) ~cwe 27 of =8 Tract No. EK-IOO-OOI Part of Sections 25 and 26, Township 46 South, Range 28 East, Collier County, Florida. Commence at the Southeast comer of Section 25, Township 46 South, Range 28 East, Collier County, Florida, and run South 89000'55" West, along the South line of said Section 25, a distance of 50.00 feet to the POINT OF BEGINNING of the land herein described; thence, North 00033'38" West, parallel to the East line of said Section 25, a distance of 320.00 feet; thence South 89000'55" West, parallel to the South line of said Section 25, a distance of 210.00 feet; thence, North 00033'38" West, parallel to the East line of said Section 25, a distance of 205.00 feet; thence, South 89000'55" West, parallel to the South line of said Section 25, a distance of 250.00 feet; thence, North 00033'38" West, parallel to the East line of said Section 25; a distance of 1010.00 feet; thence, North 89000'55" East, parallel to the South line of said Section 25, a distance of 510.00 feet, to the East line of said Section 25; thence North 00033'38" West, along the East line of said Section 25, a distance of 1110.36 feet, to the East quarter comer of said Section 25; thence, North 00048'20" West, along the East line of Section 25, a distance of 1215.37 feet; thence, South 88059'55" West, a distance of 5369.40 feet to the West line of said Section 25; thence, South 88059'01" West, a distance of 2640.75 feet; thence, South 00037'27" East, a distance of 520.03 feet; thence, South 87033'22" West, a distance of 434.44 feet; thence, South 15026'55" West, a distance of 476.50 feet; thence, South 56006'05" East, a distance of 619.80 feet; thence, South 04054'16" East, a distance of 1200.73 feet; thence, North 88046'54" East, a distance of 2634.91 feet to the East line of Section 26; thence, South 0]015'46" East, along the East line of said Section 26, a distance of 1330.27 feet, to the Southwest comer of Section 25; thence, North 88057'50" East, along the South line of said Section 25, a distance of2665.79 feet, to the South quarter comer of said Section 25; thence, North 89000'55" East, along the South line of said Section 25, a distance of 2611.49 feet to the POINT OF BEGIN'<ING. Togethe;' vith the following non-exclusive easements for ingress and egress over and across th following described parcel created by the mortgage recorded in Official Record I...k 1550, Page 1117, Public Records of Collier County, Florida. The East 60.00 feet .of the Southeast quarter of the Southeast quarter of Section 26, Township 46 South, Range 28 East, Collier County, Florida. AND The East 60.00 feet of Section 35, Township 46 South, Range 28 East, Collier County, Florida, lying North of Pepper Road. Containing 625.68 acres, more or less. Agenda item t'~o. 10H I'~ay 22, 2007 E;,:hit1flfk8 28 of 28 Interim Site Agenda Item No. 101 May 22, 2007 Page 1 of 40 EXECUTIVE SUMMARY Recommendation to approve the Interlocal Agreements between Collier County and the City of Naples, City of Marco, East Naples, and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. OBJECTIVE: To receive approval from the Board of County Commissioners for the Interlocal Agreements between Collier County and the City of Naples, East Naples, Marco Island and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. CONSIDERATION: Since 1997, Collier County has strived to enhance emergency medical capabilities through the implementation of several Advanced Life Support (ALS) Engine programs. The original Interlocal Agreements which established these programs have become antiquated. These revised Agreements will allow for the enhancement of pre-hospital medical care, while preventing duplication of unnecessary resources. This shall be accomplished through Medical Director approved dispatch models which identify specific call types, categorize dispatched apparatus, assure properly trained staff, and require all participating fire districts to adhere to the quality assurance, reporting and documentation mandates necessary within Florida statute. The Board of County Commissioners oversight is clearly sustained. These Agreements have been reviewed by the County Attorneys Office for legal sufficiency and are identical, with the exception of the number and location of ALS units each fire district has guaranteed to place into permanent service. FISCAL IMPACT: There is no Fiscal Impact associated with this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners: L Approve the Interlocal Agreements between Collier County and the City of Naples, City of Marco, East Naples, and the North Naples Fire Departments for an Advanced Life Support (ALS) Engine Partnership Program; and, 2. Authorize the Chairman to execute these Agreements. PREPARED BY: Jeff Page, Chief, Emergency Medical Services Department Item Number: Item Summary: Meetfng Date: Page I of 1 Agenda Item No. 101 May 22, 2007 Page 2 of 40 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 101 This item to be heard at 9:00 a_m Recommendation to approve the Interlacel Agreements between Collier County and the City 01 Naples, City of Marco, East Naples. and North Naples Fire Departments for an Advanced Life Support Engine Partnership Program. 5/221200790000AM Date Prep....ed By Jeff Page Bureau of Emergency Services EMS Chief EMS Sn/20071:49:21PM Approved By Date Jeff Page Bureau of Emergency Servicos EMS Chief EMS 517120011:56 PM Approved By Date Jennifer A. Belpedlo County Attomey Asslstanf County Attorney County Attorney Office 51812OO7229PM D," Approved By Dan E. Summers County Manager's Office Bureau of Emergency Services Dil'(!ctor Bureau of Emergency Services 519/20079:23 AM Date Approved By OMBCoordinator County Manager's Office Adll1inistrativeAssistant Office of Management & Budget 519120073:42PM Date Approved By Michael Smykowskl County Manllger'sOffice Management & Budget Director Office of Management & Budget 5/10f200710:58AM Date Approved By JamesV. Mudd Board of County Commissioners County Manaser County Manager's Office 5111/200712:16 PM fil...lIr.\ I::. n..-n..-l"'T..."tlt::v...."...\ Q"Ll\ ",."O/..'l""" o/.."""n,,'7\ 1 n o/.."nry,T Th.ITvo;:"nl\" ^ 1\.T ^ fCt::DO/_ ("/l~n"()'7 Agenda Item No. 101 May 22, 2007 Page 3 of 40 INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT PARTNERSHIP BETWEEN COLLIER COUNTY AND CITY OF NAPLES THIS INTERLOCAL AGREEMENT, made and entered into this _ day of 2007, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter called the "COUNTY") and the CI1Y OF NAPLES, "hereinafter called the "CITY"). PURPOSE The purpose of this interlocal agreement is to provide quality and cost effective fire rescue and emergency medical services to the residents of the City of Naples and Collier County. The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve. WITNESSETH \\'HEREAS, the CIIT and COUNTY seek to enhance emergency service further through a continued partnership; and WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for a CITY FirefighterlParamedic and/or FirefighterlEmergency Medical Technician, (hereinafter "'EMT"), to work and train on a COUNTY Advanced Life Support Transport Unit providing firefighter / paramedic duties and/or basic life support EMT duties; and WHEREAS, The ALS partnership provides for a COUNTY Paramedic/Firefighter to work and train on a CI1Y Fire-Rescue unit providing firefighting and paramedic duties; and WHEREAS, the CITY and COUNTY work cooperatively to assure appropriate response of sufficient emergency medical resources. NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and the CITY agree as follows: SECTION I: DEFINITIONS 1.0 ~ means treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the COUNTY Medical Director. 1.1 BLS means treatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, and other techniques which have been approved and are performed under conditions specified by rules of the COUNTY Medical Director. 1.2 FTO means a Field Training Officer; a certified paramedic recognized by the Medical Director as having sufficient skill and experience to train and direct medical providers in working under the approved medical protocols. 1.3 Q.:1LQ! means Quality Assurance / Quality Improvement which is the Medical Director approved program which assesses and monitors the medical performance of Paramedics and Emergency Medical Technicians. 1.4 peR means the Patient Care Record which chronicles the medical treatment of the patient. 1.5 MOD means a Memorandum of Understanding between agencies. 1.6 ~sed means a non-transporting ALS fire apparatus and rapid response vehicle operating under the ALS license issued to COUNTY Emergency Medical Services Department (hereinafter "EMS") for the purpose of enhancing 911 medical responses. Agenda Item No. 101 May 22, 2007 Page 4 of 40 1.7 Non-licensed means to any response vehicle that is not required by State Statute to be licensed, but is authorized by the Medical Director. SECTION II: COUNTY'S RESPONSffiILITY The following specific services, duties, and responsibilities will be the obligation of the COUNTY: 2.0 The COUNTY will provide through the County's EMS; medical direction, medical protocols, training and quality assurance on a countywide basis. 2.1 The COUN1Y will maintain at least one (I) ALS tmnsport unit staffed by the CITY and the COUNTY under the Board of Commissioner's (hereinafter "BCC") authority pursuant to the current Chapter 401. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code) at Marco Island Station 50 as a first,due appamtus on all medical, rescue and fire incidents. 2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code, will license a total of three (3), CITY fire appamtus or response vehicles as non-transporting ALS vehicle(s) under the COUN1Y EMS license for the purpose of enhancing 911 medical responses. 2.3 The COUNTY will provide the initial ALS equipment and medical supplies to all County recognized licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response vehicles, staffed 365 days per year, 24 hours per day including those stationed at the following locations: 1. Engine Ot, 855 8th Avenue South, Naples, 2. Engine 02, 977 26th Avenue North Naples 2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as identified in 2.3 and mutually agreed upon, under the COUNTY EMS license during the term of this Interlocal Agreement. 2.5 The COUNTY EMS Department will provide one (I) Pammedic/Firefighter to the CITY 365 days per year, 24 hours per day to be utilized on fire apparatus vehicle(s) licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code. 2.6 As pursuant to Chapter 401, Fla. Stat. and Subtitled 64E-2, Fla. Admin. Code, the City may opemte any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder when a paramedic does not staff the vehicle. SECTION III: CITY'S RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of the CITY: 3.0 The CITY will provide through the Naples Police and Emergency Services Department; Incident Command, incident safety direction, fire rescue standard operating guidelines and training on a regional basis. 3.1 The CITY will maintain two (2) ALS apparatus, licensed and equipped by the COUNTY, at locations referenced in Section 2.3. These unites) will be designated within the County Sherriffs Office and Naples Police and Emergency Services Department Communications Division's Computer Aided Dispatch (CAD) programs to automatically respond to medical incidents with, or in place of, an ALS transport unit committed to a previous medical, rescue or fire operation in accordance with the COUNTY's Emergency Medical Dispatch protocol as an emergency medical response and/or fire suppression vehicle. The CITY will maintain one (I) additional ALS Apparatus licensed by the COUNTY and equipped by the CITY. This unit will he designated as a reserve ALS Apparatus to be only used when staffing allows. 3.2 The CITY will comply with medical protocol, and will participate in medical training and quality assurance progmms in accord with the COUNTY. 3.3 The CITY will provide one (I) Firefighter/Paramedic or Firefighter/EMT to the COUNTY 365 days per year, 24 hours per day to be utilized on the ALS transport unit assigned to Station 02. 3.4 The CITY may provide at least one (I) MOD Training Coordinator, approved by the medical director, to function as a Field Tmining Officer (FTO) / Supervisor for CITY Pammedic and EMT training. 3.5 The CITY will designate a representative to the COUNTY a Medical Director approved Quality Assurance member to participate on the ALS Non-Transport Quality Assurance Committee. Agenda Item No.1 01 May 22, 2007 Page 5 of 40 3.6 The CITY may provide additional non-licensed ALS vehicles when paramedic staffing allows. 3.7 The CITY may provide additional medical equipment and advanced service with the approval of the COUNTY. 3.8 The CITY shall be responsible for replacing expendable medical supplies and for the cost of repair and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles. SECTION IV: MUTUAL CONVENANTS 4.0 The COUNTY in coordination with the CITY will be responsible for verifying that CITY Firefighter/Paramedics and/or Firefighter/EMTS meet all requirements for State licensure and recertification as Florida Certified Paramedics and/or EMTs. The CITY in coordination with the County will be responsible for verifying that the COUNTY Paramedic/Firefighters meet all requirements for licensure and recertification as required by law (e.g., Florida Statutes, Florida Administrative Code, and rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training.) 4.1 The COUNTY and the CITY will provide each other's department employees similar training and internship programs as would be provided for a COUNTY or CITY employed FirefighterlParamedic or Firefighter/EMT. 4.2 Necessary qualifications for botb CITY and COUNTY firefighter/paramedics will be cooperatively developed and defined within the Collier County Fire Chiefs' Association (CCFCA) Firefighter Cross Training Program, and Collier County Medical Director's Paramedic Qualification/Certification Matrix. 4.3 The COUNTY and CITY will work cooperatively to identify and request appropriate grants in order to improve the operations and service capabilities of both departments. 4.4 The operational decision to change the location of either apparatus assignment identified in sections 2.1 or 3.3 may be changed by mutual written consent between the Chief of the CITY's Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of EMS). SECTION V: OPERATING PROCEDURES 5.0 The CITY Firefighter/Paramedics and Firefighter/EMTs will meet the same requirements and perform at the appropriate medical protocol as defined by the COUNTY EMS Medical Director, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. 5.1 The CITY Firefighter/Paramedics shall be certified to perform as ALS Engine Paramedics under current medical protocoL The COUNTY EMS Medical Director shall regularly evaluate the skills of the CITY Paramedics for consideration of expanding the medical protocol under which they perform. 5.2 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and perform under the same Fire specialized response protocols, standard operating procedures and chain of command as employees of the CITY. 5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent between the Chief of the CITY's Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of EMS). Such revisions must not conflict with the terms and standards set forth in this Agreement. 5.4 Licensed and non-licensed ALS vehicles, programs, personnel or details may be developed and implemented by joint agreement and in cooperation between the CITY and COUNTY. Such resources may not conflict with the standards set forth in this agreement. 5.5 The CITY and COUNTY EMS Department will recognize the respective ranks and abilities of assigned personnel. 5.6 All discipline and investigations leading to discipline will be handled by the respective employing agency. 5.7 The CITY and COUNTY will utilize Command Staff and assets for logistical, support, and operational needs for national, state and local emergencies. 5.8 The State of Florida recognized Incident Management System (lM5) is the standard for emergency operations. The CITY shall assume command and control of all incidents where the CITY is the Authority Having Jurisdiction. In all instances where the CITY has established command, COUNTY EMS shall assume responsibility for, and be in charge of, patient care. 5.9 The COUNTY and CITY will jointly develop medical recordkeeping procedures and share statistical data. Agenda Item No. 101 May 22, 2007 Page 6 of 40 SECTION VI: RESOLUTION OF CONFLICTS 6.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict issues will immediately be decided in the following manner; I. First and foremost by the medical needs of the patient and responder safety. 2. The COUNTY will have jurisdiction of medical issues concerning appropriate patient care. 3. The CITY will have jurisdiction of fire/rescue issues concerning operations and safety. 4. Conflicts involving patient care issues will be resolved through a QA/QI process. 5. Should conflicts arise that are unresolvable, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION VII: AGREEMENT TERM 7.0 This lnterlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life Support Engine Partnership, between the CITY and COUNTY, dated June 25, 2002. 7.1 The Interlocal Agreement shall remain in full force and effect from the date first above written and shall terminate after written notice of termination. 7.2 This Interlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years. Absent termination or amendment to this lnterlocal Agreement, the term of this lnterlocal Agreement will automatically renew in (3) three year periods. Nothing within this Agreement shall preclude review and amendment of any provision within the three (3) year period or successive renewal periods when such amendment is mutually agreed to in writing by the COUNTY and CITY. 7.3 Either the COUNTY or the CITY may terminate this Interlocal Agreement after providing written notice of its intent to terminate at least ninety (90) days in advance of the date of termination. 7.4 In the event that the COUNTY's Medical Director detennines that the CITY's failure to fulfill any of the obligations under this Agreement adversely affects or may adversely affect the medical needs of the patient and/or responder safety, EMS may provide written notice to CITY of its intent to recommend that the BCe terminate this Agreement. BCe consideration of termination of this Agreement must occur at the next available regular meeting of the BCC. Advance notice of the BCC meeting date and agenda item must be provided to the Medical Director and CITY. Unless otherwise detennined by the BCC at the meeting, the notice of intent to recommend that the BeC terminate this Agreement shall be deemed to be fully sufficient and to have commenced the (90) ninety day notice period. In the alternative, the BeC at the meeting may, after receiving infornlation from the Medical Director and CITY, terminate this Agreement without further action or notice to the CITY. Nothing in this Agreement shall limit the authority of the Medical Director as set forth in the Florida Statutes and the Florida Administrative Code. 7.5 The terminating party must also provide the non-terminating party's representatives with an opportunity to consult with the terminating party's representatives regarding the reason(s) for termination during the notice periods provided in Section VII of this Agreement. SECTION VIII: INSURANCE 8.0 The CITY and COUNTY shall maintain insurance in the minimum amounts and types required by Florida State Statutes. 8.1 The CITY and COUNTY agree that either party may be self, insured on the condition that all self-insurance must comply with all State laws and regulations and must meet with the approval of the other party to this InterIocal Agreement. 8.2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section 768.28 CITY and COUNTY agree to hold hannless the other, their employees and agents against any and all claims and/or damages by or behalf of any person, employee or legal entity arising from their respective negligent acts pursuant to this InterIocal Agreement that allows employees of the other to occupy and ride in each other's vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose liability on CITY or the COUNTY when it would not otherwise be responsible. Agenda Item No. 101 May 22, 2007 Page 7 of 40 SECTION IX: MISCELLANEOUS 9.0 This Interlocal Agreement shall be govemed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this lnterlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the non-prevailing party all court costs and other expenses, including reasonable Attorney's fees. 9.1 It is understood that this Interlocal Agreement must be executed by both parties prior to the CITY and COUNTY commencing with the work, services, duties and responsibilities described heretofore. 9.2 Prior to its effectiveness, this lnterlocal Agreement and any subsequent amendments to this Agreement (including amendments to the ALS Partnership Operations Plan, Attachment A), shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall file this Interlocal Agreement as soon as practicable after approval and execution by both parties. IN WITNESS WHEREOF. the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jim Coletta., Chairman Approval as to form and legal Sufficiency: Jennifer A Belpedio Assistant County Attorney NAPLES CITY COUNCIL BY:_ Bill Barnett, Mayor ATTEST Tara Norman, Clerk Approval as to form and legal Sufficiency: Robert D. Pritt City Attorney Agenda item No. 101 May 22, 2007 Page 8 of 40 ATTACHMENT A COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT AND NAPLES FIRE AND RESCUE DEPARTMENT ALS PARTNERSHIP OPERATIONS PLAN REFERENCE: ALS Program Interlocal Agreement, ,2007 PURPOSE: To provide quality and cost effective fire rescue and emergency medical services to the residents of the City of Naples (PESD) and Collier County (COUNTY). The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve. 1. QUALIFICATION REQUIREMENTS a. COUNTY Paramedic/Firefighters utilized on designated fire apparatus must maintain the following valid and current qualifications: I. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification; 111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter 64E; IV. Collier County Medical Director's Paramedic Certification/Qualification Matrix Rescue Paramedic and; v. Collier County Fire Chiefs' Association Firefighter Cross Training Certification. b. PESD Firefighters utilized on the County Medic unit must maintain the following valid and current qualifications: I. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources EMT or Paramedic Certification; 111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter 64E and; IV. Collier County Medical Director's Orientation, as referenced in the Collier County Medical Director's Paramedic Certification/Qualification Matrix Agenda Item NO.1 01 May 22, 2007 Page 9 of 40 c. At least one PESO FirefighterlParamedic utilized on licensed PESO ALS apparatus or vehicle must maintain the fo llowing valid and current qualifications; 1. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical servIces and Community Health Resources Paramedic Certification and; lll. Emergency Vehicle Operator Certification in accordance with F,A.C. Chapter 64E and; IV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above. d. PESO FirefighterlParamedics utilized in non-licensed apparatus or assignments must maintain the following valid and current qualifications; 1. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical servlces and Community Health Resources Paramedic Certification and; 111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter 64E and; lV. Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above. 2. SCHEDULING AND POSITION ASSIGNMENTS a. The COUNTY and PESO Chiefs or their designee, must approve all Exchange Program participants. b. The COUNTY Battalion Chief 80 and PESO Battalion Chief 01 will consult openly in order to assure continuity and efficiency. c. The COUNTY will continuously provide PESO with one [I] COUNTY Paramedic/Firefighter as qualified within Section I, a for use on a designated ALS apparatus or vehicle. d. PESO will continuously provide the COUNTY with one [I] PESO Firefighter as qualified within Section I. b. for use on the appropriate designated apparatus or vehicle. e. Exchange Program partlclpants will participate in appropriate on-duty training, station duties and unit assignments in accordance with assignment and rank. f. It is recognized by COUNTY and PESO that harmonious and productive relationships between all personnel are necessary. Teamwork and cooperation is encouraged and expected. Agenda Item NO.1 01 May 22, 2007 Page 10 of 40 g. Applicable COUNTY and/or CITY policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed. 3. COMMUNICATION AND DISPATCH a. COUNTY and PESD staff will assure all personnel operate on the appropriate radio frequency, unit identifier dispatch and zone coverage protocol in accordance with Computer Aided Dispatch (CAD) and the CCFCA Communications ManuaL Designated assignments are outlined as follows: 1. Medical Director approved Emergency Medical Dispatch (EMD) Models shall be designed to assure the initial response of appropriate ALS licensed apparatus. 11. COUNTY and PESO chief officers will utilize available PESO licensed resources to assure ALS coverage is continuously maintained within the City of Naples. 111. COUNTY and PESO chief officers will assure licensed and non-licensed ALS assets will respond to out-of-district emergencies or coverage when identified by CAD as the closest available ALS unit. b. Applicable COUNTY and/or CITY policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed. 4. DOCUMENTATION a. The first arriving licensed and non-licensed ALS unit will document each patient contact in a hand written Patient Care Report (PCR). The PCR must record any notations from on-scene patient treatment, patient identifying data completed and collected prior to transfer of patient care, AR number, Dispatch times, and crew signatures with State paramedic or EMT license numbers. When ALS units arrive at the same time, the PCR will be completed by the transporting unit. Shift PCRs are to be collected in a secured envelope with completed coversheet and submitted to the appropriate EMS representative. b. Before the end of shift, an accurate and complete EMS2000 report will be electronically transmitted for each patient contact 100% of the time. All BLSI ALS procedures performed by the personnel assigned to the ALS response will be fully documented, "CHART" format with documented "BSI" is required. c. Prior to 0900hrs, or as call volume permits, Battalion 50 or designee must fax or email a complete ALS Engine Staffing Report to Battalion 81's office. An updated report will be provided to Battalion 81 prior to or at the end of shift to reflect staffing changes during that tour. Battalion 81 will fax a complete EMS Staffing report to Battalion 50's office. Agenda Item No. 101 May 22, 2007 Page 11 of 40 5. QUALITY ASSURANCE a. PESD will appoint a Medical Director approved "Quality Assurance (QA) member to participate on the ALS Non-Transport Quality Assurance Committee, and will be granted privileges to enable tbem to review their department's EMS 2000 PCRs. b. At the discretion of the Medical Director or designee, routine or informational QA Review may be handled by the PESD member. The QA Committee will provide the member with appropriate documentation detailing the area of interest. The member shall review and complete the material with the PESD personnel and return all necessary documentation to the ALS Non-Transport QA Committee within thirty [30] calendar days. c. In the event the Medical Director orders remediation, the QA member shall be present understanding that confidential medical information will be discussed. If a significant issue is identified by the QA Committee, the EMT or Paramedic may be immediately prohibited from providing patient care until all processes are completed. 6. TRAINING a. PESD will appoint a Medical Director approved "EMS Training person(s)" to work as an adjunct for the Collier County EMS Training Center so to instruct PESD personnel in pre-hospital medicine and protocoL b. The PESD Training person(s) is qualified to instruct PESD firefighter paramedics or EMTs Medical Director approved in-services, certifications, classes, etc. c. Any curriculum taught by the PESD EMS Training person(s) must be submitted with a complete student roster to the Medical Director in order to qualify for County accreditation. In addition, the EMS Training person(s) will be granted privileges to EMS 2000 to accurately record continuing education hours of any personnel completing their training. d. PESD will provide to the State Fire College appropriate approved training documentation for recognized State approved fire classes. 07-EMS.o0080!2 Agenda Item No. 101 May 22, 2007 Page 12 of 40 INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT PARTNERSHIP BETWEEN COLLIER COUNTY AND CITY OF MARCO ISLAND THIS INTERLOCAL AGREEMENT, made and entered into this _ day of 2007, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter called the "COUNTY") and the CITY OF MARCO ISLAND, "hereinafter called the "CITY"). PURPOSE The purpose of this interlocal agreement is to provide quality and cost effective fire rescue and emergency medical services to the residents of the City of Marco Island and Collier County. The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve. WITNESSETH WHEREAS, the CITY and COUNTY seek to enhance emergency service further through a continued partnership; and WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for a CITY FirefighterlParamedic and/or FirefighterlEmergency Medical Technician, (hereinafter "EMT"), to work and train on a COUNTY Advanced Life Support Transport Unit providing firefighter / paramedic duties and/or basic life support EMT duties; and WHEREAS, The ALS partnership provides for a COUNTY Paramedic/Firefighter to work and train on a CITY Fire-Rescue unit providing firefighting and paramedic duties; and WHEREAS, the CITY and COUNTY work cooperatively to assure appropriate response of sufficient emergency medical resources, NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and the CITY agree as follows: SECTION I: DEFINITIONS 1.0 ~ means treatment of life-threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the COUNTY Medical Director. 1.1 BLS means treatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, and other techniques which have been approved and are performed under conditions specified by rules of the COUNTY Medical Director. 1.2 ITQ. means a Field Training Officer; a certified paramedic recognized by the Medical Director as having sufficient skill and experience to train and direct medical providers in working under the approved medical protocols. 1.3 ~ means Quality Assurance / Quality Improvement which is the Medical Director approved program which assesses and monitors the medical performance of Paramedics and Emergency Medical Technicians. 1.4 ~means the Patient Care Record which chronicles the medical treatment of the patient. 1.5 MQ!L means a Memorandum of Understanding between agencies. 1 Agenda Item No. 101 May 22, 2007 Page 13 of 40 1.6 Licensed means a non-transporting ALS fire apparatus and rapid response vehicle operating under the ALS license issued to COUNTY Emergency Medical Services Department (hereinafter "EMS") for the purpose of enhancing 911 medical responses. 1. 7 Non-licensed means to any response vehicle that is not required by State Statute to be licensed, but is authorized by the Medical Director. SECTION II: COUNTY'S RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of the COUNTY: 2.0 The COUNTY will provide through the County's EMS; medical direction, medical protocols, training and quality assurance on a countywide basis. 2.1 The COUNTY will maintain at least one (1) ALS transport unit staffed by the CITY and the COUNTY under the Board of Commissioner's (hereinafter "Bee") authority pursuant to the current Chapter 401. Fla. Stat and Subtitle 64E-2, Fla. Admin. Code) at Marco Is]and Station 50 as a first-due apparatus on all medical, rescue and fire incidents. 2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code, will license a total of three (3), CITY fire apparatus or response vehicles as non-transporting ALS vehicle(s) under the COUNTY EMS license for the purpose of enhancing 911 medical responses. 2.3 The COUNTY will provide the initial ALS equipment and medica] supplies to all County recognized licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response vehicles, staffed 365 days per year, 24 hours per day including those stationed at the following locations: 1. Engine 50, 1280 San Marco Road, Marco Island 2. Tower 50, 1280 San Marco Road, Marco Island 2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as identified in 2.3 and mutually agreed upon, under the COUNTY EMS license during the term of this l11terlocal Agreement. 2.5 Tbe COUNTY EMS Department will provide one (1) Paramedic/Firefighter to the CI1Y 365 days per year, 24 hours per day to be utilized on fire apparatus vehicle(s) licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code. 2.6 As pursuant to Chapter 401, Fla. Stat. and Subtitled 64E-2, Fla. Admin. Code, the City may operate any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder when a paramedic does not staff the vehicle. SECTION ill: CITY'S RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of the CITY: 3.0 The CITY will provide through the City's Fire Rescue Department; Incident Command, incident safety direction, fire rescue standard operating guidelines and training on a regional basis. 3.1 The CITY will maintain two (2) ALS apparatus, licensed and equipped by the COUNTY, at locations referenced in Section 2.3. These unites) will be designated within the County Sheniffs Office Computer Aided Dispatch (CAD) program to automatically respond to medica] incidents with, or in place of, an ALS transport unit committed to a previous medical, rescue or fire operation in accordance with the COUNTY's Emergency Medical Dispatch protocol as an emergency medical response and/or fire suppression vehicle. The CITY will maintain one (1) additional ALS Apparatus licensed by the COUNTY and equipped by the CITY. This unit will be designated as a reserve ALS Apparatus to be only used when staffing allows. 3.2 The CITY will comply with medical protocol, and will participate in medical training and quality assurance programs in accord with the COUNTY. 3.3 The CITY will provide one (1) Firefighter/Paramedic or Firefighter/EMT to the COUNTY 365 days per year, 24 hours per day to be utilized on the ALS transport unit assigned to Station 50. 3A The CITY may provide at least one (1) MOD Training Coordinator, approved by the medical director, to function as a Field Training Officer (FTO) / Supervisor for CITY Paramedic and EMT training. 2 Agenda Item NO.1 01 May 22, 2007 Page 14 of 40 3.5 The CITY will designate a representative to the COUNTY a Medical Director approved Quality Assurance member to participate on the ALS Non-Transport Quality Assurance Committee. 3.6 The CITY may provide additional non-licensed ALS vehicles when paramedic staffing allows. 3.7 The CITY may provide additional medical equipment and advanced service with the approval of the COUNTY. 3.8 The CITY shall be responsible for replacing expendable medical supplies and for the cost of repair and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles. SECTION IV: MUTUAL CONVENANTS 4.0 The COUNTY in coordination with the CITY will be responsible for verifying that CITY FirefighterlPararnedics and/or FirefighterlEMTS meet all requirements for State licensure and recertification as Florida Certified Paramedics and/or EMTs. The CITY in coordination with the County will be responsible for verifying that the COUNTY Paramedic/Firefighters meet all requirements for licensure and recertification as required by law (e.g., Florida Statutes, Florida Administrative Code, and rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training.) 4.1 The COUNTY and the CITY will provide each other's department employees similar training and internship programs as would be provided for a COUNTY or CITY employed Firefighter/Paramedic or FirefighterlEMT. 4.2 Necessary qualifications for both CITY and COUNTY firefighter/paramedics will be cooperatively developed and defined within the Collier County Fire Chiefs' Association (CCFCA) Firefighter Cross Training Program, and Collier County Medical Director's Paramedic Qualification/Certification Matrix. 4.3 The COUNTY and CITY will work cooperatively to identify and request appropriate grants in order to improve the operations and service capabilities of both departments. 4.4 The operational decision to change the location of either apparatus assignment identified in sections 2. I or 3.3 may be changed by mutual written consent between the Chief of the CITY's Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of EMS). SECTION V: OPERATING PROCEDURES 5.0 The CITY FirefighterlParamedics and Firefighter/EMTs will meet the same requirements and perform at the appropriate medical protocol as defined by the COUNTY EMS Medical Director, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. 5. I The CITY FirefighterlParamedics shall be certified to perform as ALS Engine Paramedics under current medical protocoL The COUNTY EMS Medical Director shall regularly evaluate the skills of the CITY Paramedics for consideration of expanding the medical protocol under which they perform. 5.2 The COUNTY EMS Department ParamediclFirefighters will meet the same requirements and perform under the same Fire specialized response protocols, standard operating procedures and chain of command as employees of the CITY. 5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent between the Chief of the CITY's Fire Rescue and COUNTY's County Manager or his designee (e.g. Chief of EMS). Such revisions must not conflict with the terms and standards set forth in this Agreement. 5.4 Licensed and non-licensed ALS vehicles, programs, personnel or details may be developed and implemented by joint agreement and in cooperation between the CITY and COUNTY. Such resources may not conflict with the standards set forth in this agreement. 5.5 The CITY and COUNTY EMS Department will recognize and abide by the respective ranks and abilities of assigned personnel. 5.6 All discipline and investigations leading to discipline will be handled by the respective employing agency. 5.7 The CITY and COUNTY will utilize Command Staff and assets for logistical, support, and operational needs for national, state and local emergencies. 5.8 The State of Florida recognized Incident Management System (IMS) is the standard for emergency operations. The CITY shall assume command and control of all incidents where the 3 Agenda Item No. 101 May 22, 2007 Page 15 of 40 CITY is the Authority Having Jurisdiction. In all instances where the CITY has established command, COUNTY EMS shall assume responsibility for, and be in charge of, patient care. 5.9 The COUNTY and CITY will jointly develop medical recordkeeping procedures and share statistical data. SECTION VI: RESOLUTION OF CONFLICTS 6.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict issues will immediately be decided in the following manner; 1. First and foremost by the medical needs of the patient and responder safety 2. The COUNTY will have jurisdiction of medical issues concerning appropriate patient care. 3. The CITY will have jurisdiction of fire/rescue issues concerning operations and safety. 4. Conflicts involving patient care issues will be resolved through a QAlQI process. 5. Should conflicts arise that are unresolvabJe, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION VII: AGREEMENT TERM 7.0 This Interlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life Support Engine Partnership, between the CITY and COUNTY, dated July 31, 2001. 7. I The lnterlocal Agreement shall remain in full force and effect from the date first above written and shall terminate after Mitten notice of termination. 7.2 This lnterlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years. Absent termination or amendment to this lnterlocal Agreement, the term of this lnterlocal Agreement will automatically renew in (3) three year periods. Nothing within this Agreement shall preclude review and amendment of any provision within the three (3) year period or successive renewal periods when such amendment is mutually agreed to in writing by the COUNTY and CITY. 7.3 Either the COUNTY or the CITY may terminate this lnterlocal Agreement after providing written notice of its intent to terminate at least ninety (90) days in advance of the date of termination. 7.4 In the event that the COUNTY's Medical Director determines that the CITY's failure to fulfill any of the obligations under this Agreement adversely affects or may adversely affect the medical needs of the patient and/or responder safety, EMS may provide written notice to CITY of its intent to recommend that the BCC telminate this Agreement. BeC consideration of termination of this Agreement must occur at the next available regular meeting of the Bee. Advance notice of the Bee meeting date and agenda item must be provided to the Medical Director and CITY. Unless otherwise determined by the BCe at the meeting, the notice of intent to recommend that the BCe terminate this Agreement shall be deemed to be fully sufficient and to have commenced the (90) ninety day notice period. In the alternative, the BCe at the meeting may, after receiving information from the Medical Director and CITY, terminate this Agreement without further action or notice to the CITY. Nothing in this Agreement shalllirnit the authority of the Medical Director as set forth in the Florida Statutes and the Florida Administrative Code. 7.5 The terminating party must also provide the non-terminating party's representatives with an opportunity to consult with the terminating party's representatives regarding the reason(s) for termination during the notice periods provided in Section VII of this Agreement. SECTION VIII: INSURANCE 8.0 The CITY and COUNTY shall maintain insurance in the minimum amounts and types required by Florida State Statutes. 4 Agenda Item NO.1 01 May 22, 2007 Page 16 of 40 8.1 The CITY and COUNTY agree that either party may be self-insured on the condition that all self- insurance must comply with all State laws and regulations and must meet with the approval of the other party to this Interlocal Agreement. 8.2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section 768.28 CITY and COUNTY agree to hold harmless the other, their employees and agents against any and all claims and/or damages by or behalf of any person, employee or legal entity arising from their respective negligent acts pursuant to this Interlocal Agreement that allows employees of the other to occupy and ride in each other's vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose liability on CITY or the COUNTY when it would not otherwise be responsible. SECTION IX: MISCELLANEOUS 9.0 This Interlocal Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcement of this Interlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the non-prevailing party all court costs and other expenses, including reasonable Attorney's fees. 9.1 It is understood that this Interlocal Agreement must be executed by both parties prior to the CITY and COUNTY commencing with the work, services, duties and responsibilities described heretofore. 9.2 Prior to its effectiveness, this Interlocal Agreement and any subsequent amendments to this Agreement (including amendments to the ALS Partnership Operations Plan, Attachment A), shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS 163.01 (II). The COUNTY shall file this Interlocal Agreement as soon as practicable after approval and execution by both parties. IN WITNESS WHEREOF. the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jim Coletta., Chairman Approval as to form and legal Sufficiency: Jennifer A. Belpedio Assistant County Attorney ATTEST Laura Litzan, Clerk MARCO ISLAND CITY COUNCIL BY: Terri Di Sciullo, Chairwoman 5 Agenda Item NO.1 01 May 22, 2007 Page 17 of 40 ATTACHMENT A COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT AND MARCO ISLAND FIRE AND RESCUE DEPARTMENT ALS PARTNERSHIP OPERATIONS PLAN REFERENCE: ALS Program Interlocal Agreement, ,2007 PURPOSE: To provide quality and cost effective fIre rescue and emergency medical services to the residents of the City of Marco Island (MIFD) and Collier County (COUNTY). The recognition and utilization of existing and future personnel skills, qualifIcations and resources is in the interest and benefIt of both agencies and the public we serve. L QUALIFICATION REQUIREMENTS a. COUNTY Paramedic/FirefIghters utilized on designated fIre apparatus must maintain the following valid and current qualifIcations: 1. Florida Bureau of Fire Standards and Training CertifIcate of Compliance for Minimum Standards (FirefIghter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources Paramedic CertifIcation; 111. Emergency Vehicle Operator CertifIcation in accordance with F.AC. Chapter 64E; IV. Collier County Medical Director's Paramedic CertifIcation/QualifIcation Matrix Rescue Paramedic and; v. Collier County Fire Chiefs' Association FirefIghter Cross Training CertifIcation. b. MIFD FirefIghters utilized on the County Medic unit must maintain the following valid and current qualifIcations: 1. Florida Bureau of Fire Standards and Training CertifIcate of Compliance for Minimum Standards (FirefIghter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources EMT or Paramedic CertifIcation; 111. Emergency Vehicle Operator CertifIcation in accordance with F.AC. Chapter 64E and; 6 Agenda Item No. 101 May 22, 2007 Page 18 of 40 iv. Collier County Medical Director's Orientation, as referenced in the Collier County Medical Director's Paramedic Certification/Qualification Matrix c. At least one MIFD Firefighter/Paramedic utilized on licensed MIFD ALS apparatus or vehicle must maintain the following valid and current qualifications; 1. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification and; 111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter 64E and; IV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above. d. MIFD Firefighter/Paramedics utilized in non-licensed apparatus or assignments must maintain the following valid and current qualifications; I. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11. Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification and; 111. Emergency Vehicle Operator Certification in accordance with F.A.C. Chapter 64E and; IV. Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above. 2. SCHEDULING AND POSITION ASSIGNMENTS a, The COUNTY and MIFD Chiefs or their designee, must approve all Exchange Program participants. b. The COUNTY Battalion Chief 80 and MIFD Division Chief 50 will consult openly in order to assure continuity and efficiency. c. The COUNTY will continuously provide MIFD with one [1] COUNTY Paramedic/Firefighter as qualified within Section 1, a for use on a designated ALS apparatus or vehicle. d. MIFD will continuously provide the COUNTY with one [I] MIFD Firefighter as qualified within Section 1. b. for use on the appropriate designated apparatus or vehicle. e. Exchange Program participants will participate in appropriate on-duty training, station duties and unit assignments in accordance with assignment and rank. 7 Agenda Item NO.1 01 May 22, 2007 Page 19 of 40 f. It is recognized by COUNTY and MIFD that harmonious and productive relationships between all personnel are necessary. Teamwork and cooperation is encouraged and expected. g. Applicable COUNTY and/or CITY policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed. 3. COMMUNICATION AND DISPATCH a. COUNTY and MIFD staff will assure all personnel operate on the appropriate radio frequency, unit identifier dispatch and zone coverage protocol in accordance with Computer Aided Dispatch (CAD) and the CCFCA Communications ManuaL Designated assignments are outlined as follows: 1. Medical Director approved Emergency Medical Dispatch (EMD) Models shall be designed to assure the initial response of appropriate ALS licensed apparatus. 11. COUNTY and Marco Island Fire Department (hereinafter "MIFD") chief officers will utilize available MIFD licensed resources to assure ALS coverage is continuously maintained within the City 0 f Marco Island. 111. COUNTY and MIFD chief officers will assure licensed and non- licensed ALS assets will respond to out,of-district emergencies or coverage when identified by CAD as the closest available ALS unit. b. Applicable COUNTY and/or CITY policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed. 4. DOCUMENTATION a. The first arriving licensed and non-licensed ALS unit will document each patient contact in a hand written Patient Care Report (PCR). The PCR must record any notations from on-scene patient treatment, patient identifying data completed and collected prior to transfer of patient care, AR number, Dispatch times, and crew signatures with State paramedic or EMT license numbers. When ALS units arrive at the same time, the PCR will be completed by the transporting unit. Shift PCRs are to be collected in a secured envelope with completed coversheet and submitted to the appropriate EMS representative. b. Before the end of shift, an accurate and complete EMS2000 report will be electronically transmitted for each patient contact 100% of the time. All BLS/ ALS procedures performed by the personnel assigned to the ALS response will be fully documented. "CHART" format with documented "BSI" is required. 8 Agenda Item No. 101 May 22, 2007 Page 20 of 40 c. Prior to 0900hrs, or as call volume permits, Battalion 50 or designee must fax or email a complete ALS Engine Staffing Report to Battalion 81's office. An updated report will be provided to Battalion 81 prior to or at the end of shift to reflect staffing changes during that tour. Battalion 81 will fax a complete EMS Staffing report to Battalion 50's office. 5. QUALITY ASSURANCE a. MIFD will appoint a Medical Director approved "Quality Assurance (QA) member to participate on the ALS Non,Transport Quality Assurance Committee, and will be granted privileges to enable them to review their department's EMS 2000 PCRs. b. At the discretion of the Medical Director or designee, routine or informational QA Review may be handled by the MIFD member. The QA Committee will provide the member with appropriate documentation detailing the area of interest. The member shall review and complete the material with the MIFD personnel and return all necessary documentation to the ALS Non-Transport QA Committee within thirty [30] calendar days. c. In the event the Medical Director orders remediation, the QA member shall be present understanding that confidential medical information will be discussed. If a significant issue is identified by the QA Committee, the EMT or Paramedic may be immediately prohibited from providing patient care until all processes are completed. 6. TRAINING a. MIFD will appoint a Medical Director approved "EMS Training person(s)" to work as an adjunct for the Collier County EMS Training Center so to instruct MIFD personnel in pre-hospital medicine and protocoL b. The MIFD Training person(s) is qualified to instruct MIFD firefighter paramedics or EMTs Medical Director approved in-services, certifications, classes, etc. c. Any curriculum taught by the MIFD EMS Training person(s) must be submitted with a complete student roster to the Medical Director in order to qualify for County accreditation. In addition, the EMS Training person(s) will be granted privileges to EMS 2000 to accurately record continuing education hours of any personnel completing their training. d. MIFD will provide to the State Fire College appropriate approved training documentation for recognized State approved fire classes. 9 Agenda Item No.1 01 May 22, 2007 Page 21 of 40 INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT PARTNERSHIP BETWEEN COLLIER COUNTY AND EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT THIS INTERLOCAL AGREEMENT, made and entered into this _ day of 2007, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter called the "COUNTY") and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, an Independent Special District of the County of Collier, State of Florida, created under Chapter 61-2032, Laws of Florida, and its successors, (hereinafter "EAST NAPLES"). PURPOSE The purpose of this interlocal agreement is to provide quality and cost effective fire rescue and emergency medical services to the residents of the EAST Naples district and Collier County. The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve. WITNESSETH WHEREAS, EAST NAPLES and COUNTY seek to enhance emergency service further through a continued partnership; and WHEREAS, the Advanced Life Support (hereinafter "ALS") partnership provides for an EAST NAPLES Firefighter/Paramedic and/or FirefighterlEmergency Medical Technician, (hereinafter "EMT'), to work and train on a COUNTY Advanced Life Support (hereinafter "ALS") Transport Unit providing firefighter / paramedic duties and/or basic life support EMT duties; and WHEREAS, The ALS partnership provides for a COUNTY Paramedic/Firefighter to work and train on an EAST NAPLES Fire-Rescue unit providing firefighting and paramedic duties; and WHEREAS, EAST NAPLES and COUNTY work cooperatively to assure appropriate response of sufficient emergency medical resources, NOW, THEREFORE, In consideration of the above premises, and the mutual covenants, terms, and provisions contained herein, the COUNTY and EAST NAPLES agree as follows: SECTION I: DEFINITIONS 1.0 ALS means treatment of Jife.threatening medical emergencies through the use of techniques such as endotracheal intubation, the administration of drugs or intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by a qualified person, pursuant to rules of the COUNTY Medical Director 1.1 BLS means treatment of medical emergencies by a qualified person through the use of techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, bandaging, administration of oxygen, and other techniques which have been approved and are performed under conditions specified by rules of the COUNTY Medical Director. 1.2 FTO means to a Field Training Officer; a certified paramedic recognized by the Medical Director as having sufficient skill and experience to train and direct medical providers in working under the approved medical protocols. 1.3 ~ means to Quality Assurance! Quality Improvement which is the Medical Director approved program which assesses and monitors the medical performance of Paramedics and Emergency Medical Technicians. 1.4 ~means to the Patient Care Record which chronicles the medical treatment of the patient. 1.5 MOD means to a Memorandum of Understanding between agencies. Agenda item No. 101 May 22, 2007 Page 22 of 40 i.6 Licensed means a non-transporting ALS fire apparatus and rapid response vehicle operating under the ALS license issued to COUNTY Emergency Medical Services Department (hereinafter "EMS") for the purpose of enhancing 911 medical responses. 1. 7 Non-licensed means to any response vehicle that is not required by State Statute to be licensed, but is authorized by the Medicai Director. SECTION II: COUNTY'S RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of the COUNTY: 2.0 The COUNTY will provide through the County's Emergency Medical Services (EMS) Department; medical direction, medical protocols, training and quality assurance on a countywide basis. 2.1 The COUNTY will maintain at least one (i) ALS transport unit staffed by EAST NAPLES and the COUNTY under the Board of Commissioner's authority pursuant to the current Chapter 40i. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code) at COUNTY Station 22 as a first-due apparatus on all medicai, rescue and fIre incidents. 2.2 The COUNTY, as a sole licensed provider of advanced life support under Chapter 401. Fla. Stat. and Subtitle 64E-2, Fla. Admin. Code, will license a totai of two (2), EAST NAPLES fire apparatus or response vehicles as non,transporting ALS vehicle(s) under the COUNTY EMS license for the purpose of enhancing 911 medical responses. 2.3 The COUNTY will provide the initial ALS equipment and medical supplies to all County recognized licensed ALS fire apparatus/rapid response vehicles and non-licensed ALS response vehicles, staffed 365 days per year, 24 hours per day including those stationed at the following locations: 1. Engine 20, 4798 Davis Blvd., Naples 2. Engine 23, 6055 Collier Blvd., Naples 2.4 The COUNTY will license and equip additional vehicles as non-transporting ALS vehicles, as identified in 2.3 and mutually agreed upon, under the COUNTY EMS license during the term of this Interlocai Agreement. 2.5 The COUNTY EMS Department will provide one (i) ParamediciFirefighter to EAST NAPLES 365 days per year, 24 hours per day to be utilized on fire apparatus vehicle(s) located at EAST NAPLES Station 23 and licensed as an ALS nontransporting unit under the Board of County Commissioner's authority pursuant to Chapter 40i, Fla. Slat. and Subtitle 64E-2, Fla. Admin. Code. 2.6 As pursuant to Chapter 40i, Fla. Stat. and Subtitled 64E-2, Fla. Admin. Code, EAST NAPLES may operate any of their licensed and/or non-licensed ALS vehicles or apparatus as a BLS responder when a paramedic does not staff the vehicle. SECTION III: EAST NAPLES' RESPONSIBILITY The following specific services, duties, and responsibilities will be the obligation of EAST NAPLES: 3.0 EAST NAPLES will provide through EAST NAPLES' Fire Rescue Department; Incident Command, incident safety direction, fire rescue standard operating guidelines and training on a regional basis. 3.i EAST NAPLES will maintain two (2) ALS apparatus, licensed and equipped by the COUNTY, at locations referenced in Section 2.3. These unites) will be designated within the County Sherriffs Office Computer Aided Dispatch (CAD) program to automatically respond to medical incidents with, or in place of, an ALS transport unit committed to a previous medical, rescue or fire operation in accordance with the COUNTY's Emergency Medical Dispatch protocol as an emergency medical response and/or fire suppression vehicle. 3.2 EAST NAPLES will comply with medical protocol, and will participate in medicai training and quality assurance programs in accord with the COUNTY. 3.3 EAST NAPLES will provide one (i) Firefighter/Paramedic or FirefighteriEMT to the COUNTY 365 days per year, 24 hours per day to be utilized on the ALS transport unit assigned to COUNTY Station 22. 3.4 EAST NAPLES may provide at least one (i) MOU Training Coordinator, approved by the medical director, to function as a Field Training Officer (FTO) / Supervisor for EAST NAPLES Paramedic and EMT training. 3.5 EAST NAPLES will designate a representative to the COUNTY a Medical Director approved Quality Assurance member to participate on the ALS Non-Transport Quality Assurance Committee. Agenda Item No, 101 May 22, 2007 Page 23 of 40 3,6 EAST NAPLES may provide additional non-licensed ALS vehicles when paramedic staffing permits, 3,7 EAST NAPLES may provide additional medical equipment and advanced service with the approval of the COUNTY, 3,8 EAST NAPLES shall be responsible for replacing expendable medical supplies and for the cost of repair and maintenance of all ALS equipment supplied by the COUNTY, not on County staffed vehicles, SECTION IV: MUTUAL CONVENANTS 4,0 The COUNTY in coordination with EAST NAPLES will be responsible for verifYing that EAST NAPLES FirefighterlParamedics and/or Firefighter/EMTS meet all requirements for State licensure and recertification as Florida Certified Paramedics and/or EMTs, EAST NAPLES in coordination with the County will be responsible for verifYing that the COUNTY Paramedic/Firefighters meet all requirements for licensure and recertification as required by law (e.g., Florida Statutes, Florida Administrative Code, and rules and regulations of the Division of State Fire Marshall's Bureau of Fire Standards and Training.) 4.1 The COUNTY and EAST NAPLES will provide each other's department employees similar training and internship programs as would be provided for a COUNTY or EAST NAPLES employed Firefighter/Paramedic or Firefighter/EMT, 4.2 Necessary qualifications for both EAST NAPLES and COUNTY firefighter/paramedics will be cooperatively developed and defined within the Collier County Fire Chiefs' Association (CCFCA) Firefighter Cross Training Program, and Collier County Medical Director's Paramedic Qualification/Certification Matrix. 4.3 The COUNTY and EAST NAPLES will work cooperatively to identifY and request appropriate grants in order to improve the operations and service capabilities of both departments. 4.4 The operational decision to change the location of either apparatus assignment identified in sections 2.1 or 3.3 may be changed by mutual written consent between the Chief of the East Naples Fire Rescue and COUNTY's County Manager or his designee (e.g, Chief of EMS), SECTION V: OPERATING PROCEDURES 5.0 EAST NAPLES Firefighter/Paramedics and FirefighterlEMTs will meet the same requirements and perform at the appropriate medical protocol as defined by the COUNTY EMS Medical Director, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department 5.1 EAST NAPLES Firefighter/Paramedics shall be certified to perform as ALS Engine Paramedics under current medical protocoL The COUNTY EMS Medical Director shall regularly evaluate the skills of EAST NAPLES Paramedics for consideration of expanding the medical protocol under which they perform. 5.2 The COUNTY EMS Department Paramedic/Firefighters will meet the same requirements and perform under the same Fire specialized response protocols, standard operating procedures and chain of command as employees of EAST NAPLES, 5.3 The ALS Partnership Operations Plan, Attachment A, may be revised by mutual written consent between the Chief of the East Naples Fire Rescue and COUNTY's County Manager or his designee (e,g, Chief of EMS). Such revisions must not conflict with the terms and standards set forth in this Agreement. 5.4 Licensed and non-licensed ALS vehicles, programs personnel or details may be developed and implemented by joint agreement and in cooperation between EAST NAPLES and COUNTY, Such resources may not conflict with the standards set forth in this agreement. 5.5 EAST NAPLES and COUNTY EMS Department will recognize the respective ranks and abilities of assigned personnel. 5.6 All discipline and investigations leading to discipline will be handled by the respective employing agency. 5,7 EAST NAPLES and COUNTY will utilize Command Staff and assets for logistical, support, and operational needs for national, state and local emergencies. 5.8 The State of Florida recognized Incident Management System (IMS) is the standard for emergency operations, EAST NAPLES shall assume command and control of all incidents where EAST NAPLES is the Authority Having Jurisdiction. In all instances where EAST NAPLES has established command, COUNTY EMS shall assume responsibility for, and be in charge of, patient care. Agenda Item No, 101 May 22, 2007 Page 24 of 40 5,9 The COUNTY and EAST NAPLES will jointly develop medical recordkeeping procedures and share statistical data, SECTION VI: RESOLUTION OF CONFLICTS 6.0 If the two governing entities standard operating procedures, chain of command or any other unforeseen circumstances come into conflict, issues will immediately be decided in the following manner; 1. First and foremost by the medical needs of the patient and responder safety 2. The COUNTY will have jurisdiction of medical issues concerning appropriate patient care. 3. EAST NAPLES will have jurisdiction of flTe/rescue issues concerning operations and safety. 4. Conflicts involving patient care issues will be resolved through a QA/QI process. 5. Should conflicts arise that are unresolvable, the chain of command within each department will come together in an attempt to resolve those issues at the equivalent levels of each department and in unison move up the chain of command as necessary. SECTION VII: AGREEMENT TERM 7.0 This Interlocal Agreement supersedes the agreement titled "Interlocal Agreement Advanced Life Support Engine Partnership, between the EAST NAPLES and COUNTY, dated July 31, 2001. 7.1 The Interlocal Agreement shall remain in full force and effect from the date first above written and shall terminate after written notice of termination. 7.2 This Interlocal Agreement shall be reviewed and renegotiated as necessary after three (3) years. Absent termination or amendment to this Interlocal Agreement, the term of this lnterlocal Agreement will automatically renew in (3) three year periods. Nothing within this Agreement shall preclude review and amendment of any provision within the three (3) year period or successive renewal periods when such amendment is mutually agreed to in writing by the COUNTY and EAST NAPLES, 7.3 Either the COUNTY or the EAST NAPLES may terminate this Interlocal Agreement after providing written notice of its intent to terminate at least ninety (90) days in advance of the date oftennination. 7,4 In the event that the COUNTY's Medical Director determines that the EAST NAPLES failure to fulfill any of the obligations under this Agreement adversely affects or may adversely affect the medical needs of the patient and/or responder safety, EMS may provide written notice to EAST NAPLES of its intent to recommend that the Bee terminate this Agreement. BeC consideration of termination of this Agreement must occur at the next available regular meeting of the Bee. Advance notice of the Bee meeting date and agenda item must be provided to the Medical Director and EAST NAPLES. Unless otherwise determined by the Bee at the meeting, the notice of intent to recommend that the Bee terminate this Agreement shall be deemed to be fully sufficient and to have commenced the (90) ninety day notice period. In the alternative, the BeC at the meeting may, after receiving information from the Medical Director and EAST NAPLES, terminate this Agreement without further action or notice to the EAST NAPLES, Nothing in this Agreement shall limit the authority of the Medical Director as set forth in the Florida Statutes and the Florida Administrative Code. 7.5 The terminating party must also provide the non-terminating palty's representatives with an opportunity to consult with the terminating party's representatives regarding the reason(s) for termination during the notice periods provided in Section VII of this Agreement. SECTION VIII: INSURANCE 8,0 EAST NAPLES and COUNTY shall maintain insurance in the minimum amounts and types required by Florida State Statues, 8,1 EAST NAPLES and COUNTY agree that either party may be self-insured on the condition that all self- insurance must comply with all State laws and regulations and must meet with the approval of the other party to this Interlocal Agreement. 8.2 To the extent permitted by law and as limited by and pursuant to the provisions of Florida Statutes, Section 768.28 EAST NAPLES and COUNTY agree to hold harmless the other, their employees and agents against any and all claims and/or damages by or behalf of any person, employee or legal entity arising from their Agenda Item No, 101 May 22, 2007 Page 25 of 40 respective negligent acts pursuant to this agreement that allows employees of the other to occupy and ride in each other's vehicles. Nothing is intended to alter either party's immunity in tort or otherwise impose liability on EAST NAPLES or the COUNTY when it would not otherwise be responsible, SECTION IX: MISCELLANEOUS 9,0 This Interlocal Agreement shall be governed by and construed under the laws of the Stale of Florida, In the event any litigation is instituted by way of construction or enforcement of the lnterlocal Agreement, the party prevailing in said litigation shall be entitled to collect and recover from the opposite party all court costs and other expenses, including reasonable Attorney's fees. 9.1 It is understood that this Interlocal Agreement must be executed by both parties prior to EAST NAPLES and COUNTY commencing with the work, services, duties and responsibilities described heretofore. 9.2 Prior to its effectiveness, this lnterlocal Agreement and any subsequent amendments shall be filed with the Clerk of Courts for the Circuit Court for Collier County pursuant to FS l63.oI (II), The COUNTY shall file said agreement as soon as practicable after approval and execution by both parties. IN WITNESS WHEREOF. the parties hereto have caused this Interlocal Agreement to be executed by their appropriate officials, as of the date first above written. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Jim Coletta., Chairman ATTEST Dwight E, Brock, Clerk Approval as to form and legal Sufficiency: EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT BY: Jennifer A Belpedio Assistant County Attorney Thomas G. Cannon, Chairman Agenda Item No, 101 May 22, 2007 Page 26 of 40 ATTACHMENT A COLLIER COUNTY EMERGENCY MEDICAL SERVICES / FIRE DEPARTMENT AND EAST NAPLES FIRE AND RESCUE DEPARTMENT ALS PARTNERSHIP OPERATIONS PLAN REFERENCE: ALS Program Interlocal Agreement, ,2007 PURPOSE: To provide quality and cost effective fire rescue and emergency medical services to the residents of EAST NAPLES (ENFD) and Collier County (COUNTY). The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve, L QUALIFICATION REQUIREMENTS a, COUNTY Paramedic/Firefighters utilized on designated fire apparatus must maintain the fo llowing valid and current qualifications: \, Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11, Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification; 111. Emergency Vehicle Operator Certification in accordance with F,AC. Chapter 64E; IV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Rescue Paramedic and; v, Collier County Fire Chiefs' Association Firefighter Cross Training Certification, b, ENFD Firefighters utilized on the County Medic unit must maintain the following valid and current qualifications: \, Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); \1. Florida Bureau of Emergency Medical services and Community Health Resources EMT or Paramedic Certification; 111. Emergency Vehicle Operator Certification in accordance with F,AC. Chapter 64E and; Agenda Item No, 101 May 22, 2007 Page 27 of 40 IV, Collier County Medical Director's Orientation, as referenced in the Collier County Medical Director's Paramedic Certification/Qualification Matrix c, At least one ENFD Firefighter/Paramedic utilized on licensed ENFD ALS apparatus or vehicle must maintain the following valid and current qualifications; I. Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); II. Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification and; III, Emergency Vehicle Operator Certification in accordance with F,AC. Chapter 64E and; IV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above, d, ENFD Firefighter/Paramedics utilized in non-licensed apparatus or assignments must maintain the following valid and current qualifications; I, Florida Bureau of Fire Standards and Training Certificate of Compliance for Minimum Standards (Firefighter II); 11, Florida Bureau of Emergency Medical services and Community Health Resources Paramedic Certification and; 111. Emergency Vehicle Operator Certification in accordance with F,AC. Chapter ME and; tV, Collier County Medical Director's Paramedic Certification/Qualification Matrix Engine Paramedic Certification or above, 2, SCHEDULING AND POSITION ASSIGNMENTS a, The COUNTY and ENFD Chiefs or their designee, must approve all Exchange Program participants, b, The COUNTY Battalion Chief 80 and ENFD Captain 20 will consult openly in order to assure continuity and efficiency, c, The COUNTY will continuously provide ENFD with one [I] COUNTY Paramedic/Firefighter as qualified within Section I,a for use on a designated ALS apparatus or vehicle, d, ENFD will continuously provide the COUNTY with one [1] ENFD Firefighter as qualified within Section I,b, for use on the appropriate designated apparatus or vehicle, e, Exchange Program participants will participate in appropriate on-duty training, station duties and unit assignments in accordance with assignment and rank Agenda Item No, 101 May 22, 2007 Page 28 of 40 f. It is recognized by COUNTY and ENFD that harmonious and productive relationships between all personnel are necessary, Teamwork and cooperation is encouraged and expected. g, Applicable COUNTY and/or EAST NAPLES policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed, 3, COMMUNICATION AND DISPATCH a, COUNTY and ENFD staff will assure all personnel operate on the appropriate radio frequency, unit identifier dispatch and zone coverage protocol in accordance with Computer Aided Dispatch (CAD) and the CCFCA Communications Manual. Designated assignments are outlined as follows: 1. Medical Director approved Emergency Medical Dispatch (EMD) Models shall be designed to assure the initial response of appropriate ALS licensed apparatus. 11. COUNTY and ENFD chief officers will utilize available ENFD licensed resources to assure ALS coverage is continuously maintained within EAST NAPLES, 111. COUNTY and ENFD chief officers will assure licensed and non-licensed ALS assets will respond to out-of-district emergencies or coverage when identified by CAD as the closest available ALS unit b, Applicable COUNTY and/or EAST NAPLES policies, practices, procedures, standard operating guidelines, general orders, protocols and/or applicable Bargaining Unit Contract language will be observed, 4, DOCUMENTATION a, The first arriving licensed and non-licensed ALS unit will document each patient contact in a hand written Patient Care Report (PCR), The PCR must record any notations from on-scene patient treatment, patient identifying data completed and collected prior to transfer of patient care, AR number, Dispatch times, and crew signatures with State paramedic or EMT license numbers, When ALS units arrive at the same time, the PCR will be completed by the transporting unit Shift PCRs are to be collected in a secured envelope with completed coversheet and submitted to the appropriate EMS representative, Agenda Item No, 101 May 22, 2007 Page 29 of 40 b, Before the end of shift, an accurate and complete EMS2000 report will be electronically transmitted for each patient contact 100% of the time, All BLS/ ALS procedures performed by the personnel assigned to the ALS response will be fully documented, "CHART" format with documented "BSI" is required. c, Prior to 0900hrs, or as call volume permits, Captain 20 or designee must fax or email a complete ALS Engine Staffing Report to Battalion 81's office, An updated report will be provided to Battalion 8 I prior to or at the end of shift to reflect staffing changes during that tour. Battalion 8 I will fax a complete EMS Staffing report to Captain 20's office, 5, QUALITY ASSURANCE a, ENFD will appoint a Medical Director approved "Quality Assurance (QA) member to participate on the ALS Non-Transport Quality Assurance Committee, and will be granted privileges to enable them to review their department's EMS 2000 PCRs, b, At the discretion of the Medical Director or designee, routine or informational QA Review may be handled by the ENFD member. The QA Committee will provide the member with appropriate documentation detailing the area of interest The member shall review and complete the material with the ENFD personnel and return all necessary documentation to the ALS Non-Transport QA Committee within thirty [30] calendar days, c, In the event the Medical Director orders remediation, the QA member shall be present understanding that confidential medical information will be discussed, If a significant issue is identified by the QA Committee, the EMT or Paramedic may be immediately prohibited from providing patient care until all processes are completed, 6, TRAINING a, ENFD will appoint a Medical Director approved "EMS Training person(s)" to work as an adjunct for the Collier County EMS Training Center so to instruct ENFD personnel in pre-hospital medicine and protocol. b, The ENFD Training person(s) is qualified to instruct ENFD firefighter paramedics or EMTs Medical Director approved in-services, certifications, classes, etc, c, Any curriculum taught by the ENFD EMS Training person(s) must be submitted with a complete student roster to the Medical Director in order to qualify for County accreditation, In addition, the EMS Training person(s) will be granted privileges to EMS 2000 to accurately record continuing education hours of any personnel completing their training, Agenda Item No, 101 May 22, 2007 Page 30 of 40 d. ENFD will provide to the State Fire College appropriate approved training documentation for recognized State approved fire classes, 07-EMS-00081/2 Agenda Item No, 101 May 22, 2007 Page 31 of 40 INTERLOCAL AGREEMENT ADVANCED LIFE SUPPORT PARTNERSHIP BETWEEN COLLIER COUNTY AND NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT THIS INTERLOCAL AGREEMENT, made and entered into this _ day of 2007, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, (hereinafter called the "COUNTY") and the NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT, an Independent Special District of the County of Collier, State of Florida, created under Chapter 61-2032, Laws of Florida, and its successors, (hereinafter "NORTH NAPLES"), PURPOSE The purpose of this interlocal agreement is to provide quality and cost effective fire rescue and emergency medical services to the residents of the North Naples district and Collier County. The recognition and utilization of existing and future personnel skills, qualifications and resources is in the interest and benefit of both agencies and the public we serve. WITNESSETH WHEREAS, NORTH NAPLES and COUNTY seek to enhance emergency service further through a continued partnership; and WHERE