Agenda 08/03/1999 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, August 3, 1999
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR
PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 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
ADMINISTRATOR 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 1S TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS
PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN.
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 - Reverend Les Wicker, Naples United Church of Christ
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
~----- A. June 8, 1999 - Regular meeting.
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August 3, 1999
B. June 16, 1999 - Special Sheriff's Budget Appeal meeting.
C. June 16, 1999 - Special LDC meeting.
D. June 17, 1999 - Budget workshop.
E. June 18, 1999 - Budget workshop.
F. June 21, 1999 - Budget workshop.
G. June 22, 1999 - Regular meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation designating the week of August 1-7, 1999 as National Clown
Week. To be accepted by Ms. Gloria Carter (Dixie Belle), Ms. Jackie Nolder
(Melody Merrymaker), and Ms. Carol Abbott (Sonshine)
B. SERVICE AWARDS
! 1) Stephen Fontaine, Bldg Review & Permitting - Ten Years
2) Carmen Richards, Compliance Services - Ten Years
3) Richard Woodcock, Library - Ten Years
4) Sue Buck, Information Technology - Ten Years
5) Mary Ellen Donner, Parks and Recreation - Ten Years
6) Randy MacDonald, Wastewater - Ten Years
~ 7) Ramiro Manalich, County Attorney - Ten Years
8) James Snyder, Social Services - Ten Years
9) Fred Reischl, Current Planning - Ten Years
10) John Houldsworth, Planning - Ten Years
11) Jose Calderin, Parks and Recreation - Five Years
12) John Daly, Information Technology - Five Years
13) Elizabeth Froloff, Revenue Services - Five Years
14) Sharon Phillips, Building Review & Permitting - Five Years
15) Charles Robixhaud, Parks and Recreation - Five Years
16) Willie Pugh, Water Department - Five Years
17) Bruce Gasteneau, EMS - Five Years
18) Mark Wolin, Water Dept. - Five Years
C. PRESENTATIONS
1) Recommendation to recognize Jean Jourdan, Real Property Specialist II, Real
Property Management Department, as Employee of the Month for July 1999.
2) Presentation of the 1999 State of Florida EMS Provider of the Year Award.
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
A. John D. Jassy regarding street name change for CR 951.
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August 3, 1999
B. Robert C. Gebhardt representing Patrick and Helen Philbin, et al - regarding the
privatization of roads in the Foxfire subdivision.
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Review the schedule for implementation of the Final Order of the
Administration Commission issued June 22, 1999, direction for staff to prepare
a work plan and a schedule for a phased Agricultural Rural Assessment and to
include the regular cycle amendments, the urban area density reductions and
the remedial amendments in one transmittal due by November 30, 1999.
2) THIS ITEM WAS CONTINUED FROM THE JUNE 22~ 1999 MEETING.
Discussion of an extension of the additional 1% levy of Tourist Development
Tax due to expire December 31, 1999.
B. PUBLIC WORKS
1) This item has been deleted.
2) This item has been deleted.
3) This item has been deleted.
4) Approve an Amendment to the Transportation, EMS and Library Impact Fee
Update Agreement with Tindale-Oliver and Associates, Inc.
'~-' C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
1) To adopt proposed FY 2000 Millage Rates and to amend the FY 2000 General
Fund Reserve Policy.
F. AIRPORT AUTHORITY
G. EMERGENCY SERVICES
9.COUNTY ATTORNEY'S REPORT
10.BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Hispanic Affairs Advisory Board.
B. Appointment of member to the Bayshore/Avalon Beautification MSTU AdvisOry
Committee.
C. Appointment of members to the Environmental Advisory Council.
D. Appointment of member to the Collier County Community Health Care Ad Hoe
~_.. Committee.
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August3,1999
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
1) REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE
MILLAGE RATE. Recommend that, in addition to the Sheriff's operating
budget, the Board provide a S% reserve for contingencies for the Sheriff's
Office in FY 1999-2000.
2) REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE
MILLAGE RATE. Recommend that the Board endorse a recruitment and
retention adjustment for the Collier County Sheriff's Office during FY 1999-
2000.
3) REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE
MILLAGE RATE. Recommend that the Board restore the reductions made in
the Collier County Sheriff's Office budget request for FY 1999-2000.
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) RECONSIDERATION AS DIRECTED AT THE JUNE 22"d MEETING.
Petition R-99-3 Geoffrey Purse of Purse Associates, Inc. representing Golden
Gate Inn, requesting to change the zoning classification of a property from
"GC" golf course to "C-3" intermediate commercial district. The subject
project is located on the southwest corner of Golden Gate Parkway and County
Road 951 in Section 26, Township 49 South, Range 26 East, Collier County,
Florida. This site consists of 1.81 acres.
2) THIS ITEM WAS CONTINUED FROM THE JUNE 22~ 1999 MEETING.
Petition PUD-99-6 Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek,
Inc., representing G.L. Homes of Naples Associates, Ltd., requesting a rezone
from "A" Rural Agricultural to "PUD" Planned Unit Development to be known
as Rigas PUD for a maximum of 725 residential dwelling units and a maximum
of 10,000 square feet of convenience commercial and recreational uses for
property located on the south side of Immokalee Road (C.R. 846),
approximately one mile east of 1-75 and one mile west of C.R. 951, in Section 28,
Township 48 South, Range 26 East, Collier County, Florida, consisting of 232
+/- acres.
C. OTHER
1) Amend Ordinance 89-83, Summerwood PUD to address exotics removal
requirements.
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August3,1999
2) Amend the Rental Registration section of the Collier County Housing
Authority Ordinance to reflect administrative improvements to the program.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) THIS ITEM WAS CONTINUED FROM THE JUNE 22~ 1999 MEETING.
Petition OSP-99-01, R. Bruce Anderson of Young, van Assenderp & Varnadoe,
P.A. representing Gulf Coast Building Association, requesting approval of off-
street parking for property described as Lot 46, Cypress Woods Estates Plat #2,
to serve the existing businesses located at 3838 North Tamiami Trail, Section 22,
Township 49 South, Range 25 East, Collier County, Florida.
2) THIS ITEM WAS CONTINUED FROM THE JUNE 22~ 1999 MEETING.
Petition PR-99-1 Emilio J. Roubau, P.E., of RWA Inc., representing Hideout
Golf Club, Ltd., requesting reservation of land for off-street parking, having an
equivalent capacity of 43 parking spaces for a private golf club, located on
Brantley Boulevard in Sections 24 and 25, Township 49 South, Range 26 East,
Collier County, Florida.
3) Petition V-99-10, Anthony P. Pires, Jr., Esquire, of Woodward, Pires, &
Lombardo, PA, representing Tina M. Osceola, requesting an after-the-fact
variance of 13.6 feet from the required front yard setback of 30 feet to 16.4 feet
for property located at 4447 29th Avenue SW, further described as Lot 18, Block
101, Golden Gate Unit 3, in Section 27, Township 49 South, Range 26 East,
Collier County, Florida.
B. OTHER
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' 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) Approval of utility easements for water and sewer facilities for Pebblebrooke
Lakes, Phase 1.
2) Assignment Agreement for easement for Fiddler's Creek, Phase 1-B,.Unit 3
3) Authorize a 50% waiver/50% deferral of impact fees for one house to be built
by EIvin Urbina and Maria Pineda in Naples Manor Annex, Collier County.
4) Authorization of a 75% deferral of impact fees for one house to be built by
Zenorino Labra and Maria N. Labra at 5342 Carlton Street in Naples Manor
~ Addition, Collier County.
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August 3, 1999
5) Authorization of 100% waiver of impact fees for three very Iow income single
family houses to be built in Naples Manor, Collier County, by Habitat for
Humanity of Collier County, Inc.
6) Request to approve for recording the final plat of "Olde Cypress, Unit One,
Block 9" and approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the performance security.
7) Recommendation to approve Commercial Excavation Permit No. 59.696 J & D
Grading and Hauling Excavation located in Section 30, Township 48 South,
Range 28 East: bounded on the north by vacant lot, on the east by vacant lot, on
the south by 56tb Avenue NE Right-of-way and on the west by canal right-of-
way.
8) Request to approve for recording the final plat of"Pelican Strand Replat - 7"
and approval of the Standard Form Construction and Maintenance Agreement
and approval of the amount of the performance security.
9) Recommendation to approve Commercial Excavation Permit No. 59.687,
"Whippoorwill Woods Land Trust Commercial Excavation and Homesite"
located in Section 22, Township 48 South, Range 28 East; bounded on the north,
east, south, and west by vacant land zoned Estates, and also on the east by
Desoto Boulevard, and on the north by C.R. 858 and the Winchester Lake Fill
Pit.
10) RECONSIDERATION AS DIRECTED AT THE JUNE 22, 1999 MEETING.
Recommendation to approve Commercial Excavation Permit No. 59.690,
"Everglades Boulevard Lake and Homesite' located in Section 18, Township 48
South, Range 28 East: bounded on the north, east, south, and west by vacant
land zoned Estates and also on the east by Everglades Boulevard.
11) Authorize the remittance of the balance of funds received from private
donations and allocated to the Building lmmokalee Together Project (#01700)
to the Immokalee Main Street Organization and approve the necessary budget
amendment.
12) lnteriocal Agreement between the City of Naples and Collier County for
contractor licensing by Collier County.
13) Request to approve for recording the final plat of"Crown Pointe Shores Two"
14) Authorization of 100% waiver of impact fees for one very low income single
family house to be built in the Seminole Subdivision in Immokalee, Collier
County, by Habitat for Humanity of Collier County, Inc.
15) Authorization of 100% waiver of impact fees for nine very Iow income single
family houses to be built in Naples Manor, Collier County, by Habitat for
Humanity of Collier County, Inc.
16) Approve an extension to the Tourism Advertising and Promotion Agreement
between Collier County and the Tourism Alliance of Collier County.
17) Request to approve for recording the final plat of "Golden Acres"
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August 3, 1999
18) Execute a participating party agreement with Global Manufacturing
Technology, Inc.
19) Approval of a lease agreement between Collier County and Primesite
Consulting Group, Inc.
20) Authorization of 100% waiver of impact fees for a very low income single
family house to be built in Naples Villas Subdivision, Collier County, by Habitat
for Humanity of Collier County, Inc.
21) Request to approve for recording the final plat of"Olde Cypress Unit Three",
and approval of the Standard Form Construction and Maintenance Agreement
and approval of the amount of the performance security.
22) Approval of interim policy for commercial lake excavations located in Golden
Gate Estates.
23) Request to approve for recording the final plat of "Coco Lakes" and approval
of the Standard Form Construction and Maintenance Agreement and approval
of the amount of the performance security.
24) Transfer of grants and vehicles from Good Wheels to the County.
25) Approval of amendment No. I for Contract GC526 with the Florida
Department of Environmental Protection
26) Adoption of the Public Transportation Development Plan and creation of a
Public Transportation Manager position.
B. PUBLIC WORKS
1) Approve an Alternate Road Impact Fee for the Naples Executive Golf Course
based on a site-specific computation.
2) Approve an Alternate Road Impact Fee for the Old Cypress (fka Woodlands)
Golf and Country Club based on a site-specific computation.
3) Approve an Alternate Road Impact Fee Calculation for the Yanderbilt Country
Club Development.
4) Accept certain easements in order to improve various road intersections.
5) Approve a Resolution for the Tentative Award of a Construction Contract to
Project Integration, Inc., for the North County Water Reclamation Facility
5-MGD Expansion Project, Bid 99-2908, Project 73031.
6) Approve Work Order VGW-FT-99-3 to The V Group Wiikison Joint Venture.
for Engineering Services related to a Proposed 20-inch Reclaimed Water Main
along Vanderbilt Beach Road, Project 74034.
7) Approve a Donation Agreement and acc. ept a ~tility Easement for access and
maintenance within Audubon Country Club.
.~-~ 8) Request for Speed Limit Reduction and Truck Restrictions in the Estey Avenue
area and Brookside area Neighborhoods.
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August 3, 1999
9) Authorize the Redesign of Airport-Pulling Road to an Urban Roadway to allow
for pathways on both sides of the roadway under the Six Lane Improvements,
.~,,-~ Project No. 62031; CIE No. 055.
10) Award Bid 99-2927 to selected firms for Trenchless Sewer System
Rehabilitation Contracting Services, Project 73050.
11) Approve Professional Services Agreement with Metcalf & Eddy, Inc. for South
County Regional Water Treatment Plant Reverse Osmosis Expansion, RFP 98-
2891, Project 70054.
12) Request for Speed Limit Reductions from fifty-five miles per hour (55 MPH) to
forty-five miles per hour (45 MPH) on Immokalee Road (CR 846) from Wilson
Boulevard to 39th Avenue NE, and on Oil Well Road (CR 858) from Immokalee
Road easterly for a distance of 0.75 miles.
13) Approve Work Order #TS-CC-9901 for Cabana Construction Company, Inc.
for Bayshore Beautification MSTU Jack and Bore Operation for Utilities.
14) Award Bid #99-2955 - "Immokalee Road Grounds Maintenance Service."
15) Recommendation for a Speed Limit Reduction from forty-five miles per hour
/ (45 MPH) to thirty-five miles per hour (35 MPH) on Bayshore Drive, from U.S.
41 to Thomasson Drive for a distance of about one and a half (1 ~) miles.
16) Recommendation that the Board of County Commissioners approve an Increase
to the Contract with Turrell and Associates for Environmental Consultant
.,,-- Services for the Clam Bay Restoration Project.
17) Approve a Confirmation and Acknowledgment of Easements.
18) Approve an Agreement for Sale and Purchase of a Parcel to provide for
Potential Access to Future Improvements to the Canal along the west side of
Forest Lakes Homes Subdivision.
19) Approve Change Order to Work Order CDM-FT-98-11, to provide Engineering
Services for the Manatee Station Pump Upgrades - Project 70052.
20) Approve Work Order #TE-98-KH-06 with Kimley-Horn and Associates, Inc.
for the Airport-Pulling Road Six Lane Improvement Project No. 62031; CIE
No. 55.
21) Approve Supplement Agreement No. 7 with CH2M Hill for the Pine Ridge
Road Improvement, Project No. 60111; CIE 41.
22) Approve a Construction Phasing and Grant Application Plan for East U.S. 41
Landscape Improvements between Davis Boulevard (S.R. 84) and Rattlesnake
Hammock Road (C.R. 864).
23) Award Professional Services Agreement to Water Resource Solutions, Inc. for
Engineering Services related to Aquifer Storage and Recovery of Reclaimed
Water, Contract 99-2926, Project 74030.
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August 3, 1999
24) Approve Amendment 8 to Professional Services Agreement with Hole, Montes
& Associates, Inc. for Engineering Services related to Improvements at the
South County Water Reclamation Facility, RFP 93-2121, Project 73916.
25) Approve a Subordination Agreement between Collier County and the State of
Florida Department of Transportation.
26) Approve a Budget Amendment to transfer funds from Project 60171, Advanced
Right-of-Way, to Project 60172, Traffic Signals.
C. PUBLIC SERVICES
1) Authorize the name "Conner Park at Vanderbilt Beach" for the park to be
constructed on Bluebill Avenue.
2) Award Bid #99-2958 for sprinkler parts and related items.
3) Authorization of a budget amendment for the Collier County Medical
Examiner to cover increased laboratory testing costs.
4) Approve an agreement with Collier Sports Officials Association, Inc. for the
purpose of providing sports officials for County-sponsored activities.
5) Authorize an amendment in the Grandstand Construction Agreement between
Collier County and the Gulf Coast Skimmers, Inc.
6) Approve budget amendments recognizing a Federal Emergency Management
~ Agency reimbursement and additional Tourist Development Tax Revenue
available to the County Museum.
7) Approve the Medicaid Waiver Continuation Contract and authorize the
Chairwoman to sign the contract between Collier County Board of County
Commissioners and the Area Agency on Aging for Southwest Florida, Inc.
D/B/A Senior Solutions for Southwest Florida.
8) Authorize an application for a matching $10,000 Urban and Community
Forestry Grant.
9) Authorization of a work order under the County's annual engineering and
design contracts for Barany Schmitt Summers & Weaver to provide a
coordinated site development plan of the Golden Gate County Government
Complex.
10) Waive requirement for formal competition and award contract funds in 001-
156332-763310 for renovation of a soccer field at Vineyards Community Park.
D. SUPPORT SERVICES
1) Recommendation to Award Annual Bid 99-2937, Uniform Rental
2) Recommendation to Change Invoice Provision in Four (4) Existing Contracts
3) Award of Bid #99-2949, "Gasoline and Diesel Fuel"
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August 3, 1999
4) Approve Staff's Selection and Award an Agreement for Fixed Term
Professional Architectural Services, RFP 99-2930.
5) Approval of the Collier County Government Equal Employment Opportunity
Plan.
E. COUNTY ADMINISTRATOR
1) Ratification by the Board of County Commissioners of consent/emergency items
by the County Administrator during the Board's absence.
A. Request approval for the emergency purchase of computer network access
equipment for the four newly leased off-campus locations for the relocation
of the Sheriff's operations personnel and approval of a related budget
amendment.
B. Budget Amendment Reports Nos. 99-321, 99-322, 99-326, 99-327, and 99-
335.
C. Budget Amendment Reports Nos. 99-286, 99-328, 99-330, 99-345, 99-368,
99-369L, 99-374, 99-375, 99-380.
F. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating September 29, 1999 as Law Enforcement
Appreciation Day for 20th Judicial Circuit
G. EMERGENCY SERVICES
H. MISCELLANEOUS CORRESPONDENCE
1) Satisfaction of Lien: NEED MOTION authorizing the Chairwoman to sign
Satisfaction of Lien for Services of the Public Defender for Case No.: 90-1435-
TM
-2) Miscellaneous items to file for record with action as directed
I. OTHER CONSTITUTIONAL OFFICERS
1) Request approval for the emergency purchase of telephone systems for the four
(4) newly leased off-campus locations approved by the Board for the relocation
of Sheriff's operations personnel from Building "A" and approval of related
budget amendment.
2) Recommendation to approve a Budget Amendment to recognize Confiscated
Trust Fund Fiscal Year 1998 Carryforward, Fiscal Year 1999 Additional
Revenues, and use of Confiscated Trust Funds to purchase specialized
equipment by the Collier County Sheriff's Office.
3) Request approval for the purchase of historical archived disks to continue
implementation of the Records Imaging Project.
4) Recommend that the Board of County Commissioners designate the Sheriff's
,~.. Office as the Official Applicant for the United States Department of Justice
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August 3, 1999
1999 Law Enforcement Block Grant Program, accept the Grant when awarded
and approve applicable budget amendments.
5) Request approval for the purchase of a processor card for the telephone system
switch at the Sheriff's Office main facility.
J. COUNTY ATTORNEY
1) This item has been deleted.
2) Recommendation to approve a Legal Services Agreement with Fixel & Maguire
as legal counsel to represent County relating to County's property acquisition
interests including eminent domain proceedings, for the Pine Ridge Road
Improvement Project (Project No. 60111).
3) A Resolution authorizing, as a valid public purpose, expenditures of funds for
County Commissioners to attend functions of fraternal, business,
environmental, educational, charitable, social, professional, trade, homeowners,
ethnic, and civic associations/organizations.
4) Recommendation that the Board of County Commissioners acknowledge and
consent, as required by agreement, to the merger of WCI Communities Limited
Partnership into Florida Design Communities, Inc., whose name is changing to
WCI Communities, Inc.
5) Recommendation to uphold Collier County Board of County Commissioners'
June 8, 1999 decision granting a petition for rezoning from "A" Agriculture to
"PUD" Planned Unit Development for the Naples Reserve Golf Club.
K. AIRPORT AUTHORITY
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.
A. V-99-6, William and Therese Holzinger requesting a 5 foot variance from the required
side yard setback of 15 feet to 10 feet on each side for property located at 1838 Santa
Barbara Boulevard further described as Lot 9 and the south one-half of Lot 10, Block
153, Golden Gate Unit 5, in Section 21, Township 49 South, Range 26 East, Collier
County, Florida.
B. Petition CU-99-7, Hoyt Holbrooks, representing the Lake Trafford Baptist Church,
requesting a Conditional Use "11' of the agriculture zoning district for a day care
facility for property located at 1207 Carson Road, in Section 31, Township 46 South,
Range 29 East, Collier County, Florida.
V-99-09, Jim Titsch, representing Bernard and Ashley Freeland, requesting a variance
of 6 feet from the required 50 foot front yard setback to 44 feet for the principal
structure, an after-the-fact variance of 13 feet from the required 50 foot yard setback to
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August 3, 1999
37 feet for an existing guest house, and an after-the-fact variance of 6.2 feet from the
required 30 foot side yard setback to 23.8 feet for an existing guest house, for property
located at 92 Myrtle Road, further described as Lot 8, Block M, Pine Ridge Extension, in
Section 3, Township 49 South, Range 25 East, Collier County, Florida.
D. CU-99-09, Katherine Dinatale, representing Ann Phillip Pre-School, requesting
Conditional Use "3" of the "RMF-6' zoning district for a playground as an accessory to
an existing child care facility per Section 2.2.5.3 for property located at 864 102n~
Avenue North, further described as Lot 48, Block 72, Naples Park Unit 5, in Section 28,
Township 48 South, Range 25 East, Collier County, Florida, consisting of 0.154+/- acres.
E. THIS ITEM WAS CONTINUED FROM THE JUNE 22~ 1999 MEETING AND IS
FURTHER CONTINUED TO THE SEPTEMBER 14~ 1999 MEETING. Petition PUD-
98-13, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing
Collier Development Corporation, requesting a rezone for lands zoned "A" Rural
Agriculture and "PUD" Planned Unit Development "PUD" to "PUD" for a new "PUD"
Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD,
for a golf course and accessory and incidental facilities including a clubhouse, 50,000
square feet of C-3 Commercial Uses and/or a hotel on property located between U.S. 41
on the east and Vanderbilt Drive on the west, lying north of 111th Avenue and south of
the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier
County, Florida consisting of 267.44 + acres.
F. Petition PUD- 98-5(1), Mr. Bob Thinnes, of Q. Grady Minor & Associates, Inc.
representing Mr. William E. Touloumis, requesting to amend the Walgreens PUD for
the purposes of adding depository institutions and allow other uses comparable in
nature to the list of permitted uses for property located on the southwest corner of
Airport-Pulling Road (CR-31) and Vanderbilt Beach Road (CR-862), in Section 2,
'~-' Township 49 South, Range 25 East, Collier County, Florida.
G. Petition YAC 99-012 to vacate a 3' wide portion of the platted 14' wide drainage
easement on Lot 4, Block G, "Kensington Park Phase Three-B", as recorded in Plat
Book 28, Pages 5 and 6; to vacate a 4' wide portion of the platted 7.5' wide drainage
easement on Lot 18, and to accept a 4' wide drainage easement over a portion of Lot 19
as a replacement drainage easement, "Kensington Park Phase Three-C", as recorded in
Plat Book 30, Pages 19 and 20, Public Records of Collier County, located in Section 13,
Township 49 South, Range 25 East.
H. Petition V-99-15, Sami Saadeh requesting a 5 foot variance from the required 5 foot
rear yard setback established for accessory structures to 0 feet to accommodate a pool
and screen enclosure for a property located on Napa Ridge Way and further described
as Lot 12, Napa Ridge Subdivision Unit II in the Vineyards PUD.
I. Petition V-99-11, John Sissman requesting a 27 foot after-the-fact variance from the
required 30 foot side yard setback to 3 feet on the south side of an existing single family
residence located at 425 Cocohatchee Boulevard in Section 22, Range 25 East, Township
48 South, Collier County, Florida.
J. Establishment of a new schedule of development related review and processing fees to
include procedural requirements for fee waiver requests; providing for new and revised
building permit and land use petition fees; adopting a new schedule of fees for fire
prevention permits collectively established and adopted by the' independent fire districts
in Collier County; adopting that same schedule of fees for fire prevention and control
~--.~ permits and compliance inspections for the dependent fire districts in Collier County;
and updating language to reflect current nomenclature.
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August 3, 1999
K. Petition PUD-99-20, William L. Hoover, AICP, representing Gulf Sun Corporation,
requesting a rezone from "A" to "PUD" to be known as Whippoorwill Lakes PUD, a
residential development not to exceed 518 dwelling units, on property located
approximately ~A mile south of Pine Ridge Road (C.R. 896) on Whippoorwill Lane, in
Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of
76.85 + acres.
L. An ordinance amending the Water Safety and Vessel Control Ordinance to add a new
body of water known as Hell's Gate as an idle speed zone.
M. Scrivener's Ordinance Amending Collier County Ordinance No. 99-35, which Amended
Ordinance 98-37, "The Collier County Reclaimed Water System Ordinance."
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
· 13
August 3, 1999
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
AUGUST 3t 1999
ADD: ITEM $(A)(2) - PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 1999 AS
"CHILDHOOD CANCER & BLOOD DISORDER AWARENESS MONTH". (BCC OFFICE).
ADD: ITEM lQ(E) - PROPOSED JOINT MEETING WITH THE CITY OF NAPLES, CITY OF
MARCO ISLAND AND CITY OF EVERGLADES CITY TO DISCUSS FEMA MAP CHANGES
(COMMISSIONER MAC'KIE).
ADD: ITEM lQ(F) - REQUEST BY SENATOR SAUNDERS FOR DISCUSSION REGARDING
TITLE LOAN TRANSACTIONS (COMMISSIONER MAC'KIE).
MOVE: ITEM 16(B)(4) TO 8(B)(5) -ACCEPT CERTAIN EASEMENTS IN ORDER TO IMPROVE
VARIOUS ROAD INTERSECTIONS. (STAFF'S REQUEST).
CONTINUE: ITEM 17(K) TO THE SEPTEMBER 14TM MEETING: PUD NO. 98-20 REZONING
FOR WHIPPOORWILL LAKES. (PETITIONER'S REQUEST).
MOVE: ITEM 12(C)(1) TO 8(A)(3) - AMEND ORDINANCE 89-83, SUMMERWOOD PUD TO
ADDRESS EXOTICS REMOVAL REQUIREMENTS. (STAFF'S REQUEST).
MOVE: ITEM 16(C)(5) TO 8(C)(1) - AMENDMENT IN THE GRANDSTAND CONSTRUCTION
AGREEMENT WITH THE GULF COAST SKIMMERS, INC. (COMMISSIONER MAC'KIE).
NOTE: ITEMS II(A)(I), II(A)(2) AND Il(A)(3) - REQUEST THESE ITEMS BE HEARD BEFORF.
SETTING THE MILLAGE RATE: SHERIFF'S RECOMMENDATIONS REGARDING THE FY
1999-2000 BUDGET.
PROCLAMA TION
~VHEREA$. through the ages, c/owns have used their talents of drama, music,
dance, wif. acroboHc$. Ju991ing. balloon sculpturin9 and make-up to
provide laughter and entertainment; and.
W'HER~A$. being a clown require~ physical ~kill~. dromodc abili~ and a firm
understondin9 of hu~on m~ure; and.
WHeReAS, the familiar comic character known 0s a c/own encouro9~ laughter in
the young, the o1~ the rich and the poor and makes people forget
~he/r rcoub/es, affliction, handicaps and depression'
~EgEAS, c/owns g/ve a parr of ~hemse/ves ~o del/gh~ and br/n
qu/e~ splendor ~ ....... orphanages, ch//dren~ hospHa/s,
homes for
NOW Commissioners of
1999 be
........ NATXONAt.
~' 3rd ~OY of August,
DONE
AND
PAMELA 5. MACKTE, CHAZRWOMAN
A TTE5 E'
DW£GHT E BROCK, CLERK
AGENDA ITEM
No. -5~ ,'
AUG 03 1999
pg. /
WHB~EA$, Florida'~ greotest resource and most cherished treasures are indeed
our youth, whb truly have so much to offer ... included in this
population are those children with spedal needs who suffer from
childhood cancer and blood related disease; and, '
WHEREAS, while ~he r~earch and treatment of ~od~ hes ~ended the I/v~
and made a pos/t/ye impact upon ~he life ~p~/enc~ aP ma~ of
thee children, and while the number of/a~-~erm su~vors /s
sread//y /ncrees/n~, ff /~ ement/a/ that we work t~e~her es a people
and as a 5~ate to ensure ~ha~ ~h/s ~rend con~/nues on ~he upscale;
an~
~E~GA~, dedicated o~an/zat/o~ like Cand/el/~hters remain deeply
~o ex~nd/n~ the r~aUrc~ and education a~//ab/e ~o fam///~ whose
children have cancer or blood rela~ed d/seese; and,
world the fore/rant in
m recoEn/z/nE
.childhood cancer
~o
~999, be
DONE AND OgDEgED
BOARD OF COUNTY
COI. I~E~ COUNTY, FLOI~DA
PAMELA $. MACK,T.E, CHAT. RWOMAN
ATTEST:
AGE N O A.~.~ T.T.,E M
No, ~ ~
EXECUTIVE SUMMARY
RECOMMENDATION TO RECOGNIZE JEAN JOURDAN, REAL PROPERTY SPECIALIST II,
REAL PROPERTY MANAGEMENT DEPARTMENT, AS EMPLOYEE OF THE MONTH FOR
JULY 1999.
OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional
performance plus uniquely identifiable contributions which produce significant results for the
County.
CONSIDERATIONS:
Jean has been with the Real Property Management Department since November 1997. As a
Specialist II, she is responsible to provide professional real estate services to various County
departments and divisions.
In the past few months, Jean has been commended by various client departments for her hard
work and dedication. In addition, Jean has received feedback from property owners for which
she has negotiated property rights for use by Collier County.
During the negotiations phase for the Golden Gate Boulevard Project, Jean has been able to
"--' secure twenty-four easements (over one third of her assigned parcels) either by donation or
monetary consideration. She represents the County in all her negotiations while being
empathic to each property owner's needs and feelings.
Jean is a self-motivated employee. She sets professional goals for herself and due to her
motivation she exceeds established project deadlines. Jean is a team player in every sense of
the word. Due to her exemplary customer service and her dedication to exceed the call of duty,
Jean has been selected as July's Employee of the Month.
FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for
this award are available in the Department Budget Cost Center.
RECOMMENDATION: That, Jean Jourdan, Real Property Specialist II, Real Property
Management Department, be recognized as the "Employee of the Month" for July, 1999.
Mary-Je~ B r~'ck)
Adr~ist~ve ~)ecretary r
Michael A. McNees, Assistant County Administrator
Staff Liaison to the Employee Advisory Committee ' A(3ENDA~i,i;EM- -
No,_ -%(' \ -
{'J ? 1999
COLLAR COUNTY ADMINISTRATOR'S OFFICE
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 774-8383
FAX (941) 774-4010
July 2, 1999
A CERTIFIED BLUE CHIP COMNiL~NITY
Mr. John D. Jassy
Jassy Real Estate Investments, Inc.
895 Turtle Court
Naples, Florida 34108
Re: Request for Public Petition - Street Name Change - CR 951
Dear Mr. Jassy:
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of August 3, 1999 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised
that the Board will take no action on your petition at this meeting. However, your petition may be placed
on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board
should be to advise them of your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration
Building (Building "F") of the government complex. Please arrange to be present at this meeting and to
respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
Since, rely~
:Robert F. Fernandez ~)
County Administrator
RFF/bp
cc: County Attorney
Community Development Services Division
AU3 0 3 1999
~/~/i9~9 '16:82 9~156677B$ JASSv P~GE Bi
Jassy Real Estate Investments, Inc.
895 Turtle Ct. e Naples, Florida 34108
Phone 1-94~-592-0192 e Fax 1-941-56{S-7708
June 30, 1999
Mr. Robert Fernandez
County Manager
Collier county Administration Center
3301 E Tamiami Trail
Naples, F1.34112
Dear Mr. Fernandez:
This is a follow up letter to my request of May 29, 1999. I request to address the board of
County Commissioners on the issue of changing the name of CR 951 to Country Club Blvd.
I had been working with Mr. Ron Nino and have the support of the major property owners
on that street. The sheer length of the street and number of individual owners makes it
prohibitive to get a response from 51% of the owners. Therefore Mr. Nino suggested that
I appeal directly to the Board and ask that they direct staffto set a public hearing.
~r/President
88 ~8/1 ..... ~: ?E 8~158G?788 d~SSY P~GE 82
.. .Jassy Real Estate Investments, Inc.
895 Turtle CL e Naples, Florida 34108
Phone 1-941-592-0192 + Fax 1-941-566-7708
May 29, 1999
Mr. Ron Nino
Current Planning Manager
Community Development Services
2800 N Horseshoe Dr.
Naples, Fl. 34104
Re: 951 Name Change
Dear Mr. Nino:
Thank you for your help regarding the potential name change for C.R. 951 to Country
Club Blvd. The sheer number of owners on this stxeet prohibits me from contacting them all,
but I have the endorsement of most of the major owners.
Enclosed are petitions from the following entities who are major property owners on
951 or are involved in supporting a more positive image for this road:
Col'lier Building Industry association
+Golden Gate Area Civic Association
· U.S. Home Corp. (Naples Heritage and Cedar Hammock)
· Lely Development Corp.
· Naples National Country Club
Pebblebrook Lakes
Semper Development
· John Jassy
· Vanderbilt Country Club
· Tree Plateau
Toll Brothers Naples Lake Country Club
I would tike to proceed with bringing this issue to Board of County Commissioners
for their approval.
sy AGENDA iTEM
Broker/President
3 0 3 1999
Pg,,.
1~6/30/l~.qg ~ i6:~2:,;. $~156677(]8 J~SSY PA6E
COLLAR CO~TY GOVE~NT
COMMm~ DEVELOPMENT AND ENYmONMENTAL SERVICES D~ION
.......... plato}g S~rvic~, D,par~,nt
PL~G SERVICES 1~00 North Rors~hoe Drive
May 17, 1999 N~I~, ~iorida ~104
Mr. Jokn Jassy
Ja~sy Real Estate Investments, Inc.
895 Turtle Court
Naples, Florida 34108
Re: CR-951 Street Name Change
Dear Mr. J~sy:
In the' ~,e~e. of your having a petition of fiRy (50) percent plus one (1) of the property owners
fronting~' 951 requesting a street narae change we are of the opinion that we cannot go forward
wi~ d'ct~l'~dvertised public hearing to present the proposed name change to the Board of County
CommiSsi.o~ers. ·
Ordinance No, 97-9 provides three m~hod, by which streets may be renamed, one is by petition of
50% plus one, another is for aa administrative ch~ge attributable to a duplication (i.e. health and
safer3,), and lastly the Board of County Commissioners may request a change of street name. In
your case neither criteria one or two applies. Consequently, we would advise that you appeal
directly to the Board of County Commissioners with a request that they direct staff to set a public
hearing to hear the matter of changing the name of C.R. 951.
I am retumi.ng the material you submitted as you will no doubt wish to make copies of it for the
members o.f:[he Board of County Commissioners so that they will know there is some substantial
/~easure ofis, upp0rt for the street name change.
[ Sincerely,
~o, AICP
I~mcl/CR-~ 1 .CI"~.NGE
cc: Robert F. Fernandez, ¢o~y ^tministrator AGEND_A,"i'~£M
· '~',,' No,. rf
Vinci'at A. Cautero, AICP, Community Dev. & Envirom'nental Svcs. Admini. str~ tor
Robert J. MuLhere, AICP, Planning Services Department Director A~ .~ 0
Phone (941) 403-2400 Fax (941) 64J-6968 ww,, ~.~, ...... ;. ..... .~.,
COLLIER COUNTY ADMINLq'IRATOR'SOFFICE
3301E. TAMIAMI TRAIL
NAPI .FS, FLORIDA 34112
(941) 774-8383
FAX: (941) 774-4010
A CI:IRTIFIED BLUE CHIP COMMUNITY
July 13, 1999
Mr. Robert C. Gebhardt
Porter, Wright, Morris & Arthur
5801 Pelican Bay Blvd.
Suite 300
Naples, Florida 34108-2990
Re: Request for Public Petition - Patrick and Helen Philbin, et al - Foxfire Subdivision - Privatization of
Roads
Dear Mr. Gebhardt:
Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at
the meeting of August 3, 1999 regarding the above referenced subject.
Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised
that the Board will take no action on your petition at this meeting. However, your petition may be placed
on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board
should be to advise them of your concern and the need for action by the Board at a future meeting.
The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration
Building (Building "F") of the government complex. Please arrange to be present at this meeting and to
respond to inquiries by Board members.
If you require any further information or assistance, please do not hesitate to contact this office.
Sincg[ely,
Robert F. Fernandez..~'
County Administrator
RFF/bp
cc: County Attorney
Public Works Division AGENDA iTEM
AU$ 0 3 1999
PORTER WRIGHT MoRroS & ARmUR..
Attorney~ & Coun~elor~ ~t
Robert C. Gebhardt RECEIVED COUNTY ADMINISTRATORS OFFICE 5801 Pelican Bay Boulevard
941-593-2966 Suite 300
rgebhardt~porterwright.com Naples, Florida 34108-2709
Phone: 941-593-2900
,JUL 0 '~', ]999 Facsimile:941-593-2990
Toll Free: 800-876-7962
FILE
June 30, 1999
Mr. Robert Fernandez
Collier County Administrator
Administration Building
3301 E Tamiami Trail
Naples, Florida 34112
Re: Petition of Patrick and Helen Philbin, et. al.
Dear Mr. Fernandez;
I represent Helen and Patrick Phi]bin, Naples residents in connection with the Petition
they have filed with the county pursuant to F.S. § 163.3215. Their Petition seeks Board action to
rescind Resolution 99-235. My client request that this matter be placed on the August 3, ]999
agenda under Section 7 for "Public Petitions".
F.S. § 163.3215 provides that the County has 30 days to reply to the Philbin's petitior~.
This would require the County to serve its response by July 25, 1999. My clients agree to extend
the time in which to answer to August 13, 1999. Ir'the County agrees to this extension for the
purposes of placing the Petition on the agenda for the August 3, 1999 meeting, then the
Petitioners warrant that they will not seek to assert any objection to the County's extended filing
date.
Thank you for your attention to this matter.
Sincerely yours, _
Robert C. Gebhardt
AGENDAJTEM
7(B/
Cincinnati, Cleveland, Columbus, Dayton, Naples. FL, Washington. DC AUG O 3 1999
www.porterwright.com
, Pg. ~,
....... EXECUTIVE SUMMARY
REVIEW THE SCHEDULE FOR IMPLEMENTATION OF THE FINAL ORDER OF THE
ADMINISTRATION COMMISSION ISSUED JUNE 22, 1999, DIRECTION FOR STAFF
TO PREPARE A WORK PLAN AND A SCHEDULE FOR A PHASED AGRICULTURAL
RURAL ASSESSMENT AND TO INCLUDE THE REGULAR CYCLE AMENDMENTS,
THE URBAN AREA DENSITY REDUCTIONS AND THE REMEDIAL AMENDMENTS
IN ONE TRANSMITTAL DUE BY NOVEMBER 30, 1999.
OBJECTIVE: To review the Schedule for Implementation of the Final Order issued by
the Administration Commission on June 22, 1999 and direct staff to prepare a work plan
and schedule for completion of the Agricultural/Rural Assessment.
CONSIDERATIONS: The Governor and Cabinet, sitting as the Administration
Commission, issued a final order identifying remedial actions that must be taken in order
to resolve issues of "compliance" with the EAR based comprehensive plan amendments
adopted in October, 1997 (Attachment A).
A schedule for remedial and interim plan amendments is identified on pages 15 & 16 of
the Final Order. In order to meet these deadlines, staff has prepared a listing of the
necessary amendments and identified a tentative public hearing schedule for your
review (Attachment B).
Staff is recommending that a work plan and schedule be developed for the Agricultural
Assessment Area that will identify phasing of the study as well as public participation
procedures. That work plan will be presented to the Board of County Commissioners at
the September 14th transmittal hearing for the interim amendments.
The regular cycle for public amendments is scheduled for transmittal hearings in
Septembe. r and October, 1999. After discussions with the Department of Community
Affairs, staff is recommending that the annual amendment cycle be included with the
remedial amendments due by November 30, 1999. This would cause a delay of one
month from the normal schedule but would streamline the process as one submittal.
The Board of County Commissioners also directed staff to proceed with amendments to
reduce density in the Urban Area. Staff is recommending that these amendments be
included along with the remedial amendments.
FISCAL IMPACT: When the work plan for Agricultural Assessment is completed the
fiscal impact of preparing that study will be determined at that time.
GROWTH MANAGEMENT IMPACT: These actions are required by a final order of the
Administration Commission to bring our local comprehensive plan into compliance.
NO
AUG 0 3 1999
---- RECOMENDATION: That the Board of County Commissioners review and approve the
tentative schedule for implementation of the final order and direct staff to prepare a work
plan, including specific recommendations for public participation and applicable state
and federal agency technical assistance, culminating in a schedule for phased
amendments applying to the Agricultural Assessment Area. Staff proposes to bring the
work plan and schedule to the Board for consideration in September.
Staff is recommending that the public amendments, the Urban Area density reduction
amendments and the Remedial Amendments be included in one transmittal package
due by November 30, 1999.
PreparedB~/'/~---~¢ ~'~pate:~~ ,/~,/ ,'/~~
Barbara A. Cacchione, AICP, Manager
Comprehensive Planning Section
Reviewed By://~/~ Date: '7'/, ~/2 ~
Robert J. Mulhere, AICP, Director
Planning Services Department
Approved By: ' ~ Date:
Vincent A. Cautero AICP, Administrator
--" Community Development & Environmental Services Division
AUg 0 3 1.gg9
Pi. ~
~.~zrrqrJ,~zo CUUNIY ATTORNEY 0~6 P02 JUN 29 '79 ~8:42
ATTACHMENT "A"
FINAL ORDER NO. AC-99-002
STATE OF FLORIDA
ADMINISTRATION COMbI~SSION
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
and
COLLIER COUNTY AUDUBON
SOCIETY, INC., and FLORIDA
WILDLIFE FEDERATION,
In~ervenors,
CASE NO. ACC-99-002
v. DOAH CASE NO.
COLLIER COUNTY, a political
subdivision of the State of Florida,
Respondent,
and
COLLIER COUNTY SCHOOL
BOARD,
Intervenor.
FINAL_ ORDER
This cause came before the Governor and Cabinet sitting as the Ad_ministration
Commission (Commission), on Sune 22, 1999, on the Reconunended Order entered pursuant to
Section 163.3184(10)(b), Florida Statutes, in Division of Administrative Hearings Case No..
98-0324OM.
L':3 03 i999
'
&9427740225 COUNTY RTTORNEY 896 P~3 ZUN 29 '99 08=42
Back~round and Introduction
On April 6, 1996, Collier Count~ (County) adopted an Evaluation and Apprais~.l Report
(EA~) for its local comprehensive plan. On November 14, 1997, the County adopted EAR-
based amendments to its plan. On December 24, 1997, the Depmlrnent of Community Aff~
(Department) issued its Notice and Statement of Intent to Fred the County's EAR-based
amendments not "in compliance" as defined in Section 163.3184(1)(b), Florida Statutes.
Pursuant to Section 163.3184(! 0)(a), Florida Statutes, the Department's petition for
forma] ad~j~istrative hearing was forwarded to the Division of Admlnistrative Hearings, and an
Administrative Law Judge was assigned. A five day formal hearing was conducted in May t998,
in Naples, Florida. The Adl~inistrative Law Judge issued a Recommended Order on M..arch 19,
1999, fmdJ_ng ail challenged EAR-based amendments not "in compliance." No partics flied
exceptions to thc Recommended Order.
Upon our review of the record and the Recommended Order, this Commission hereby
adopts ail findings of fact and conclusions of law in the Recommended Order.
Compliance Determination
Pursuant to Section 163.3184(11), Florida StatuTes, thc Commission is authorized to take
f~nai agency action regarding whether comprehensive plan amendments are "in compliance."
The Commission finds th~ ~ll of the County's EAR-based amendments at issue in L1'fis
proceeding arc not "in compliance," and should be rescinded and not made effective. The
specific ~mend~ents are as follows:
1. Ingrgovelmmental Coordination Element Policy 1.2.6 (Ordhumc. e No. 97-56).
2
AGENDA ITEM
'"'-
· AU$ O 3 '199,9
_ t-_
~6 P04 ~UN 29 '99 09:4~
2. Public Facilities Element / Natural Crroundwater Aquifer Recharge Subelement
Objective 1.2 and Policies 1.2.1 through 1.2.4 (Ordinance No. 97~59).
3. Public Facilities Element / Drainage Subelement Policy 1.1.2 (Ordinance No. 97-
61).
4. Housing ~lement (Ordinance No. 97-63).
5. Golden Gate Area Master Plan Policies 2.1.4 and 2.2.3 (Ordinance No. 97-64),
6. Conservation and Coastal Management Element Objectives 1.1 and 1.3, and
Policies 1.1.1, 1.1.2, 1.1.3, 1.3,1; Objective 12.1 and Policy 12.1.2; Policy 12.2.5;
Objective 6.3; Objective 7.3; Objective 9.4; Objective 9.5; and Objective 11.6
(Ordinance No. 97-66).
7. Future Land Use Element Policy 3.1.d and the Future Land Use Map depiction of
the Coastal High H~?~rd Area (Ordinance 97-67).
Collier County should rescind these amendments not later than September 14, 1999,.and
should not make these amendments effective.
Remedial Actions
Pursuant to Sections 163.3Ig4(11) and 163.3189(2)(b), Florida Statutes, the Commission
is authorized to specify remedial actions which would bring the plan amendments into
compliance. The Commission directs the Gounty to complete the following Remedial
Amendments and Interim Amendments.
I. Remedial Amendment~
The County shall develop and transmit the following remedial amendments to the
Department in accordance with the schedule set forth in this order.
A. Adopt provisions into the Collier County Comprehensive Plan to guide school
siting as follows:
1. Public schools and school facilities shall be an allowable use in all lancl use
3
AU6 0 3 1999
p~. ~/
19417740225 COUNTY ATTORNEY 096 P05 5UN 29 '99 '08:42
categories in areas designated "Urban" on the Future Land Usc Map.
2. Public schools and school facilities s_hsll be an allowable land use in all land usc
categories in areas designated "Estates"north of Interstate 75 and all areas
designateki "Settlement District."
3. Public schools and school facilities shall not be allowed in any area designated
"Conservation," "Natural Resource Protection Area," "Agricultural/Rural," or the
Big Cypress Area of Critical State Concern.
4. As necessary, requirc ~he adoption of Land Development Rcgulations to
implement these provisions.
B. Coordinate with the South Florida Water Management District and adopt
provisions into the Collier County Comprehensive Plan to provide measurable and adequate
levels of protection to be extended to groundwater resources and aquifer recharge areas as
follows:
1. Classify the aquifer recharge areas in the County by recharge amount per year.
Identify all prime or high aquifer recharge areas adopted by the South Florida
Water 1Vlanagcmemt District Governlnt Board.
2. Adopt Goals, Obicctives, and Policies to protect the functions of all aquifer
recharge areas. Prime or high recharge areas shall enjoy the most stringent
protections.
3.. Adopt Goals, Objectives, and Policies applicable to ail development regarding the
protection of groundwater quality and quantity,
4. As necessary, require the adoption of Land Development Regulations to
implement these provisions.
C. Adopt provisions into the Collier County Comprehensive Plan to establish
guidclines and criteria for discharge rates and adequate water m~_n_.~gement capacity to protect
natural drainage features as follows:
AGENDA ITEM
AUo 0 3 1999
P~. ~
19417740225 COUNTY ATTORNEY 096 P06 JUN 29 39
1. Establish a drainage level of sen6~ for all development which is based on at leasI
the following criteria:
a. rate and quantity;
b. qu_~!i:y; and
basin.
2. Require stormwater discharge to meet or exceed all State and Federal guidelines.
3. As necessary, re, quire the adoption of Land Development Regulations to
implement these provisions.
D. Adopt provisions into thc Collier County Comprehensive Plan regarding
farmworker homing that would be based upon the best available data and that would contain
guidelines and criteria for the location of such housing as follows:
1. Utilize the most r~cem data available from the Shirnberg Center al: the University
of Florida, the 1999 "Study on Migrant Farmworktr Homing" prepared by the
University of Florida, Florida Department of State, and Southwest Florida
Regional Planning Council, or other best available data.
2. Based on the data specified immediately above, adopt Goals, Objectives, and
Policies to:
a. provide an adequate supply of fannworkcr homing, including measurable
goals such as additional new units per year;
b. provide locational guidelines to ensure that the housing best suits the
needs of the farmworke~s by close location to trs. n.~portation opportunities,
shopping opportunities, health care, and the like; and
c. ensure maximum use of available funds to establish new housing m~iLs and
to improve substandard farmworker housing.
3. Breed on the data specified above, adopt Goals, Objectives, and Policies to
eliminate sub~andard fatmworker housing.
4. As necessary, requite the adoption of Land Development Regulations to
implement these provisions.
AGENOA ITr -
Pg., ~f
COUNTY ATTORNEY 096 PO? ZUN 29 '99 08:4E
E. Amend the Collier County Comprehensive Plan to contain provisions to ensure
hm'ricane evacuaxion times are maintained or reduced as follow~:
1, Amend Objective 12,1 in the Coastal and Conservation Element to provide for the
maintenance or reduction in hu.,'ricane evacuation times.
2. Eliminate the language in Obje~ive 12.1 that merely re~lu~res the "continued
encou~geme~t" of ce~-;- u~dermkings.
3, Adopt policies to accomplish Objective 12.1 through specific programs and
activities.
4. As neces~ry, requi.re the adoption of Land Development Regulations to
implement the~e provisions.
F. Amend Coastal and Conservation Element Policy 12.2.5 to deft.ne the con. al high
h~zard area as at least thai area in the category 1 eva~mtion zone as defined in the 1996
Southwest Florida Regional Planning Council Hurricane Evacuation Study Update.
O. Adopt into the Collier CounW Comprehensive Plan provisions to ensure storage
tank reguIatio~ protect groundwater quality as follows:
1. Require implementation of a storage tank compliance program, which shall either
be (a) incorporated into the Plan by reference, or (b) sufficiently described in the
Plan so as to be enforceable and measurable.
2. Require coordination with thc Department of Environmental Protection to ensure
appropriate protection for storage tanks located in existing or planned water
wellfields, as well as those located in high or prime groundwater recharge areas.
3. As necessary, require the adoption of Land Development Regulations to
implement these provisions.
H. Adopt provisions into the Collier County Comprehensive Plan to implement the
following industrial septic tank provisions:
1. Encourage heightened treatment standards for septic tanks located in existing or
planned water wellficlds, as well as those locau~d in high or prime groundwater
-' A~J'~DA ITEM
6
AUG 0 3 1999
pg. o°' ...
194&?740225 COUNTY aTTORNEY 896 P08 5UN 29 '99 ¢8:43
recharge areas.
2. As necessary, require the ~option of Land Development Regulations to
implement these provisions.
I. Adopt into the Collier CounW Comprehensive Phn the following provisions for
Coastal Barrier and Beach System Management:
1. Resuict densities on undeveloped coastal barriers to one unit per five acres.
Include at least the following as undeveloped coastal barriers:
a. Wiggins Pass Unit FL-65P
b. Clam Pass Unit FI-64P
c. Keywaydin Island Unit P-16
d. Tigertail Unit FI-63-P
e, Cape Romano Unit P- 15
2.Require beachfront development to protect and restore dune vegetation.
3.Require site alterations to concentrate impacts in previously disturbed areas.
4. Require boathouses, boat shelters, dock facilities, and other like facilities to avoid
/mpacts to existing seagrass beds.
5. As necessary, adopt Land Development Regulations to implement these
provisions.
Adopt into the Collier County Comprehensive Plan provisions to protect
wellheads and wcQfields aa follows:
1. Require gro~mdwater q~_ality to meet all applicable State and Federal water quality
standards trot later than 1anuary 2002, and to maintain said quality thereafter.
2. Adopt maps depicting existing and planned fixture wellfields.
3. Adopt maps depicting existing wellheads and wellhead protection areas or
wellfield rhk management zones. These zones should be drawn aa follows:
7 AC, EnOA ~ l
AUG 0 3 1999
19417740225 COUNTY RTTORNEY 896 P09 JUN 29 '99 88:44
~ a. W- 1: Thc land immediately surrounding fl~e wellhead and extending ~o the
five percent ground water capture zone boundary line (which approximates
thc one year ground water travel time to the wellfleld).
b. W-2: The land between the W-1 boundary and the ten percent ground
water capturc zone boundary line (which approximates the ~ year
ground water travel time ~ the w¢llfield).
c. W*3: The land between the W-2 boundary and the twenty-five percent
ground wa~er capture zone boundary line (which approximates thc five
year ground water travel time to the wellfield).
d. W-4: Thc land bet~,veen the W-3 boundary and the one hundred percent
ground water capture zone botmcla~ line (which approximates the twenty
year ground water travel t!me to the welifield).
4, Restrict land uses within the wellfield risk management zones as follows:
a. Future solid waste disposal facilities: prohibited in all wcllfield flak
management zones.
b. Future solid waste transfer stations: prohibited in W-l, W-2,
c. Future solid waste storage, collection, and recycling storing hazardous
products and hazardous wastes: prohibited in W- 1, W-2, W-3,
d. Future non-residential uses involving hazardous products in quantities
exceeding 250 liquid gallons or 1,000 pounds of solids: provide for
absorption or secondary containment in W-l, W-2, W-3.
e. Future domestic wastewater treatment plants: prohibited in W-1.
f. Future land disposal systems: must meet high level disinfection standards
as found in 40 CFR pan 135.
g. Land application of domestic residuals: limit metal concentrations,
nitrogen (based on uptake abiliW of vegetation), and require a conditional
use.
h. Future petroleum exploration and production and expsr,.,ions of existing:
prohibited in W-1 & W-2, conditional use required in W-3 & W-4.
i. Conditional uses shall be granted only in extraordinary circumstances and
8 AOF. NDA ITEM
·
, i~41(¢4~Z~b COUNTY ATTORNEY 896 PlO JUN 29 '99 8S:4~
where impacts of the development will be isolated from the $urficial and
Intermediate Aquifer.
5. As necessary, adopt Land Development Regulations to implement these
provisions.
K. Amend the future land use map series to depict the coastal high hazard area as at
least that area in the category 1 evacuation zone as defined in the 1996 Southwest Florida
Regional Planning Council Hurricane Evacuation Study Update.
Furthermore, the County is ordered to coo~le with the Department of Environmental
Protection regarding storage tanl~s and with the Department of Environmental Protection and
Department of Health regarding industrial septic tanks to avoid duplication of efforts, and the
appropriate jurisdictional agencies to ensure compliance with wetland permitting requirement.
The County shall cooperate with the Department of Environmental Protection in the
deterralr~adon, listing and restoration of impaired water bodies as may be required by the
provisions of the Watershed R.estoration Act of 1999.
In accordance with the schedule set forth in this order, the Department of Community
Affairs shall review these proposed remedial amendments and issue its Objections, Comments,
and R. ecommendations lLeport; the County shall thereafter proceed to adopt the remedial
amendments; and the Department shall review these amendments and issue its Notice of Intent.
A copy of the Notice s_hall be provided to the Commission.
II, Interim Amendments
The above-cited remedial amendments do not address several amendments deemed to be
not "in compliance." Specifically, issues regard_inS South ~olden (}ate Estates (Ordinance No.
97-64), Natural Resource Protection Axeas (Ordinance 1'4o. 9%66), Wetland Protection
9 Ac, r.t~i
AU6 0 3 1999
·, , 19417740225 COUNTY aTTORNEY 0D6 Pll JUN 29 '99 08:44
(Ordinance No. 97-66) and Wildlife Protection (Ordinance No. 97-66) are not re~olved by the
above remedial amendments.
These issues are to be addressed by "The Collier County Rural and Agricultural Area
Assessment" (Assessment). The Assessment will allow Collier County the opportunity to devise
a community-based approach to bring the EAR-based amendments into compliance by a
community-created plan for the fi~ture. This plan wilt take the form of future amendments to the
Collier County comprehensive plan. The Commission encourages the County to consider the
appropriateness of undertaking this Assessment in pha~es designed to address short-term as well
as long-term community needs and geographical differences. Any amendments resulting fi:om a
phased assessment must be coordinated with remedial amendments required h~rein ~s welLas
any future phased amendments.
The Assessment must be a collaborative, community-based effort with full and broad-
based public participation. The Assessment must be undert~en with heightened cooperation and
assistance from State and Regional agencies. These agencies are hereby directed ~o provide
necessary in.formation regarding natural resources, water quality and q~_~a~ti~, sustainable
development patterns, and other isstms as they may arise. The agencies are also directed to
consider purchase of areas identified as sensitive or otherwise warranting permanent protection
from thc irnpa~ts of development.
The Geographic Scope of the Assessmc, nt Area ("Area") shall be as follows:
Includes: All lands designated Agricultural/Rural
Big Cypress Area of Critical State Concern
Conservation lands outside the Urban boundary
South Golden Gate Estates
AU6 0 3 1999
P~. /,,~
Excludes: All Urban clesii;nated areas
Northern Golden Gate F.~mtem
The Settlement District
Regarding lands in public or private ownership for conservation purposes such as the
CP,.EW Trust lands, Corkscrew Swamp Sanctuary, Picayune Swand State Forest, Collier-
Seminole State Park, Rookery Bay National Estuarin~ Research Reserve, Cape Ramano-Ten
Thousand Islands Aquatic Preserve, Florida Panther National Wildlife Refage, Fakahatchce
Strand State Preserve, Everglades National Park. and Big Cypress National Preserve, the
Assessment will rely upon the information and m,n_~gement plans already in existence for these
lands. The Assessment shall focus its data collection efforts on privately-owned lands. Irt
coming forward with any comprehensive plan amendments bas~ on the Assessment or any
phase thereof, thc CottnW shall take the information from both the privately-held lands and the
publicly-held lands into account, and shall ensure that any ensuing plan amendments are
coordinated with the biological and hydrological needs of these conservation lands such as
interconnected wetland systems and listed species habitat.
At a minimum, the Assessment must identify means to accomplish the following:
l. Identify and propose measures to protect prime agricultural areas. Such
measures should prevent th~ premature conversion of agricultural lands to
other uses.
2. Direct incompatible uses away from w~tlands and upland habitat in order
to protect water q,~llty ~ q~_sntity And maintain the natural water regime
as well as to protect listed ~ and plant species and their habitats.
3. Assess the growth potential of the Area by assessing the potential conversion of
rural lands to other uses, in appropria~ce locations, while discouraging urban
sprawl, directing incompatible land uses away from critical habitat and
encouraging clevelopmcnt that utilizes creative land use plarming techniques
including, bm not limited to, public and private schools, urban villages, new
.... 11 AC~=NOA
19417740225 COUNTY RTTORNEY 096 P13 JUN 29 '~q RS:45
towns, saI=llite communities, area-based allocafions, cjustering and open space
provisions and mixed usg development. Thc Assessment shall recognize thc
substantial advantages of inuovative approaches to development which may better
serve to protect environmentally sensitive areas, r~intain the economic viability
of agricultural and other predominantly rural land uses, and provide for the cost-
efficient delivery of public facilities and services.
Public participation will b~ the hallmark of this planning effort. The participation mu.si
be wide in scope with broad community input. State and Regional agencies are hereby directed
to participate and assist in the effort. The County shall ensure community input through
workshops, public opinion surveys, and committees as necessary to undertake various tasks in
the study.
During the period in which this Assessment is being undertaken, it is necessary to
establish interim development provisions for the Area. These interim development provisions
are essential to respond to the deficiencies identified in the Recommended Order.
Residential and other uses in the Area for which completed applications~ for development
approval, rezonings, conditional uses, subdivision approval, site plan approval, or plats were
filed with or approved by Collier County prior to June 22, 1999, shall be processed and
considered.under Collier County comprehensive plan as it existed and was in effect on June 22,
1999. All other development sh:~l| be subject to the following interim di~velopment provisions.
Until the Assessment is complete and comprehensive plan amendments to implement the
Assessment are in effect, the only land uses and d~velopment allowable in the Area shall be
those set forth in the Collier County Comprehensive Plan (FLUId, LU-I-39-45) and Land
~ Completed applications shall meet all applicable requ~ents set forth in the Collier
County Land Development Code,
12
AU6 0 3 1999
Pi.
· ~rr~zD UUUNIY RtlURNEY ~9G P14 JUN 29 '99 08:45
Development Code (Section 2.2.2) in effect on Jtm~ 22, 1999, for the AgriculturaJ~ural District.,
except the following uses are prohibited and shall not be allowed:
I. Ne~ golf courses or driving ranges.
2. Extension or new provision of central water and sewer service into the Area.
3. New package wastewater ~reatment plants.
4, Residential development except farmworker housing or housing directly related to
support farming operations, or staff housing 02 du/acre) and other uses directly
related to the management of publicly-owned land, or one single family dwelling
unit per lot or parcel created prior to June 22, 1999.
5. Commercial or industrial development except gas and telephone facilities, electric
transmission and distribution facilities, emergency power structures, fire and
police stations, emergency medical stations.
6. Transient residential such as hotels, motels, and bed and bre. akfa~ facilities.
7. Zoo, aquari-m, botanical garden, or other similar uses.
8. Public and Private schools.
9. Collection and transfer sites for resource recovery.
10. Landffils.
11. Social and fraternal orgav_i_?ations.
12. Group care facilities.
13. Sports instructional schools and camps.
14. Asphaltic and concrete batch making plants.
15. Recreational Vehicle Parks.
Agricultural activities shall be subject to permitting requirements of the South Florida
Water Management District and other regalaWry authorities, as currendy required.
13 AGENDA STEM
AU6 0 3 1999
pg./f~*
19417740225 COUNTY ATTORNEY 096 P25 2UN 29 ,qe B8:45
If the County elects to address a specific geographic portion of the Area as a phase of the
Assessment, the above-listed inn land use controls shall be lifted from the specific
geoEraphic area upon completion of the applicable phase of the Assessment and the
implementing comprehensive plan amendments for thai phase becoming effective.
The Camp Keis Strand, CREW Lands, Okaloacoochee Slough, Belle Meade, and South
Golden Gate Estates shall be mappcd and identified as Natural Resource Protection Areas
(NKPAs). The general location of these areas shall be identified in the proposed amendments
set-dng forth the Assessment and establishing the Interim Development Provisions. These areas
shall be refined as actual data and analysis is made available. Within these NRPAs, only
agriculture and directly-related uses and one single family dwelling unit per parcel or lot .created
prior to June 22, 1999, shall be allowed.
The restriction on uses in the Area, includin2 NRI'As, during the Assessment, or any
phase thereof, shall not affect or limit the continuation of existing uses. "Existing uses" shall
also include those uses for which all required permits have been issued, or uses for which
completed applications ]rive been received by the County prior to :June 2:2, 1999, The
continuation of existing uses shall include expansions of those uses if such expansions are
consistent with or clearly ancillary to the existing use and do no! require a rezoning or
comprehensive plan amendment- Nothing in this order should be consm~ed as an endorserncnt or
rejection of any part of any particular development.
in accordance with the schedule set forth in this order, the County shall develop and
transmit proposed Interim amendments to describe and initiate the Assessment and establish the
Interim Development Provisions; the Department of Co_mmunity Affairs shall review these
14 ACi[NOA
AU5 0 3 1999
.... 10417740225 COUNTY ATTORNEY 096 P16 JUN 29 '99 88:46
proposed remedial amendments and issue its Objections, Recommendations, and Comments
Pepon; the County shall thereafter proceed to adopt these amendments; and the Depar~ent shall
review these smendments and issue its Notice of Intent. A copy of the No~jce shall be provided
to the Commission.
The County shall also adopt Land Development R.e~ulations w implement the Interim
Development Provisions.
The Assessment shall be implemented ?~rough effective plan amendments three years
from the date of this Final Order, or the parses shall either:
1. l~equest an extension of the three year requirement which may be authorized by
the Administration Commission; or '~'
2. Appear before the Administration Commission and present arguments as to
sanctions or alte~adve remedial actions.
The CounW may present comprehensive plan arnendmen~s for the Area prior to the three
year deadline if they effectuate and are consistent with xhe provisions of the Final Order.
The Dep~mem of Community Affairs shall confer with all parties and file with the
Administration Commission a pro~ess report two years ai~ entry of this Final Order,
Sehed~|e far Rem~!isl and [ererim Plan Amendments
The County and the Department shall comply with the provisions of this order in
accordance with the following schedule:
l. The Counv~ shsll rescind the EAR-based amendmems determined not "in compliance" no
later fixan September 14, 1999.
· 2. The CounW shall develop and transmit to the Department the Intex~n Amendments
15 AGENDA STF, M
AU6 0 3 1999
, i94i2740225 CDUNTY ATTORNEY 096 Pi? JUN 29 '99 08:46
(Assessment and Interim Development Provisions) no later than September 14, 1999. The
Department shall issue ira Objections, R. econunendations, and Comments Report (ORC) hhin-y
(30) days from the date of the transmission. The Comity shall have thirty (30) days from the date
on which th~ OR.C is issued to adopt the Interim Amendments. The Department shall issue its
Notice of Intent For the Interim Amendments not later than forty-five (45) days from the date on
which those Amendments were adopted.
3. The County shall adopt land development regulations to implement the Interim
Development Provisions no later than November 14, 1999.
4. The County shall develop and transmit ~ the DeparUnent the,Remedial Amendmenis
Citems A - K) no later than November 30, 1999. The schedule for Department review ancL-..
County adoption shall be as set forth in Section 163.3184, Florida SLaP, lies.
~--. 5. No later than June 22, 2002, all plan amendments necessary to implement the findings
and results of the Assessment, or any phasc thereof, shall be effectivc or the parties shall request
further action by the Administration Commission as provided for in this ordcr. No amendments
resulting from the Assessment s_h_aH become effective prior to the cffectivc date of the Remcdial
Amendments.
Sanctions
Pursuant to Section 163.3189(2)(b), Florida Statutes, Collier County may elect to make
the above-listcd plan amendments effective notwithstanding the determination of non-
compliance in this Final Order. If Collier County rescinds the above-listed plan amendments by
September 14, 1999, no sanctions shall be imposed for thc delermination of non-compliance.
The Commission retains jurisdiction to impose sanctions if Collier County fails to rescind these
--~ 16 A~I[3A ITEM
AUG O 3 1999
, 19417740225 COUNTY ATTORNEY 096 P18 ~UN 29 '99 89:46
amendments and instead elects to make any of the above-listed amendments effective, or if the
County fails to adopt the Remedial Amendments and Interim Amendments identified above.
The following are the potential sanaions to be imposed:
1. All state agencies will be directed not to provide funds to increase the capacity of
wads, bridges, or water and sewer systems within the boundaries of Collier
County.
2. Collier County will not be ellgible for grants adwinistered under the following
programs:
a. Florida Small Cities Communi~ Development Block Grant Pro~am, as
authorized by Sections 290.041-290,049, Florida Statutes.
b.Florida Recreation Development Assistance Program, as authorized by
Chapter 375, Florida Statutes.
c. Revenue sharing pursuant to Sections 206.60, 210.20 and 218,61 and
Chapter 212, Florida Statutes, to the extent not pledged to pay back bonds.
In the event the County elects to make the plan amendments effective, fails to rescind the
not "in compliance" amendments, or fails to adopt the Remedial Amendments and Interim
Amendments, the Deparanent shall inform the Commission of the failure and shall recommend
sanctions to be imposed,
No~e~ of Rights
Any pm'W to this order has the right to seek judicial review of the order pursuant to
Section 120,68, Florida Statutes, and Rules 9.0306o)(1)(c) and 9.110, Florida Rules of Appellaf~
Procedure. To initiate an appeal of this order, a notice of appeal must be filed with the Clerk of
the Commission, Office of Plannin~ 8ncl Budgeting, Executive Office of the Governor, the
Capitol, Room 2105, Tallahassee, Florida 32399-0001, and with the appropriat~ District Court of
Appeal within 30 days of the day this order is filed with the Clerk of the Commission. The
- -- 17 AC,9~A ~Tr~
/
AUG O 3 1999
, . 19417240225 COUNTY ATTORNEY
notice of appeal filed with the District Court of Appeal must be accompanied by the filing fec
specified in Section 35,22(3), Florida Statutes. and must be substantially in the form prescribed
by Rule 9.900(a), Florida Rules of Appellate Procedure.
You waive your fight to judicial review if the notice of appeal is not timely filed with the
Clerk of the Commission and the appropriate District Court of Appeal.
Mediation under Section 120.S73, Florida Statutes, is not available with respect to the
issues resolved by this order. ~
DONE and ORDEKED this ~ day of June, 1999.
Donna Arduin, Secret~'y
~O'3Administmf n Commission
FILED with the Clerk of the Adm/nistration Commission this ~ day of June. 1999.
Clerk, Adm!n!stration ~mmissiox~'
18 AGENDA ITEM
~ ~,,~) [
AU~ 0 3 1999
CERTIFICATE OF SERVICE
following persons by United States Mail _
Honorable Jeb Bush Honorable Kathcdne Harris
Governor Sccrrum'y of State
The Capitol The Capitol
Tailahassee, Florida 32399 Tallaha~s~, Florida 32399
Honorable Robert Milligan Honorable Bill Nelson
Comptroller Insurance Commissioner
The Capitol The Capitol
Tallahassee, Florida 32399 Tallahass~, Florida 32199
Honorable Bob Butterworth Honorable Tom Gallagher
Attorney General Commissioner of Education
The Capitol The Capitol
Tallahassee, Florida 32399 Tallahassee, Florida 32399
Honorable Bob Crawford Daniel Woodring, Esquire
Commissioner of Agriculture Govemoes Legal Office
The Capitol The Capitol, Room 209
Tallah~sec, Florida 32399 Tallahassee, Florida 32399
Stevcn M. Seibert, Secrctary Thomas W. Reese, Esquire
Department of Community Affairs 2951 61st Avenue South
2555 Shumard Oak Boulevard St. Petersburg, Florida 33712
Tallahassee, Florida 32399-2100
David Jordan, Acting General Coun~l Marjorie M. Student, Esquire
Shaw P. Stiller, Assistant Oenea'al Coun~l Rodr~y C. Wade, Esquire
Colin M. Roopnaxine, Assi~_a_nt General Coun-~el Assistant County Attorneys
Department of Community Affairs 3301 East Tamiaml Trail
2555 Shumard Oak Boulevard Naples, Florida 34112
Tallahassee, Florida 32399-2100
AUG 0 3 1999
, · ~94~?740225 CDUNTY ~TTORNE¥ 096 P2~ ~UN 2~ '99 08;4?
~" Kenneth B. Cuyler, Esquire James Harvey, Interim Executive Director
Roetzel & Artdress South Florida Water Management District
850 Park Shore Drive Post Office Drawer 24580
Naples, Florida 34103 West Palm Beach, Florida 33416-4680
David B. Struhs, Secretary Robert O. Brooks, Secretary
Department of Environmental Protection Department of Health
3900 Commonwealth BIrd. 1317 Winewood Blvd.
Mail Station 10 Tallahassee, FL 32399-0700
Tallahassee, FL 32399-2400
Honorable John C. Norris Honorable Pamela S. Mac'kie, Chairwoman
Collier County Board of Commissioners Collier County Board of Commissioners
3301 E. Tamiami Trail 3301 E. Tamiami Trail
Naples, Florida 341 I2 Naples, Florida 34112
Honorable lames D. Carter Honorable Barbara B. Berry
Collier County Board of Commissioners Collier County Board of Commissioners
3301 E. Tamiami Trail 3301 E. Tarniami Trail
Naples, Florida 34112 Naples, Florida 34112
Honorable Timothy ~I. Constantine, Vice Chair
Collier County Board of Commissioners
3301 IS. Tamiami Trail
Naples, Florida 34112
}'~DO~A ARE)UrN, Secretary
Administration Commission
AGENDA rTF..M
20
AL/6 0 3 1999
ATTACHMENT "B"
Schedule for Implementation of the Final Order
1. Interim Amendments - Transmitted to DCA by September 14, 1999
A. Rescind EAR amendments found "not in compliance": · Intergovernmental Coordination Element - Policy 1.2.6
· Public Facilities Element/Natural Groundwater Aquifer Recharge Subelement
Objective 1.2 and Policies 1.2.1 through 1.2.4.
· Public Facilities Element/Drainage Subelement
· Housing Element
· Golden Gate Area Master Plan: Policies 2.1.4 and 2.2.3
· Conservation and Coastal Management Element: Objectives 1.1 and 1.3 and
Policies 1.1.1, 1.1.2, 1.1.3, 1.3.1; Objective 12.1 and Policy 12.1.2; Policy 12.2.5;
Objective 6.3; Objective 7.3; Objective 9.4; Objective 9.5 and Objective 11.6.
· Future Land Use Element Policy 3.1d and the Future Land Use Map depiction of
the Coastal High Hazard Area.
B. Map Natural Resource Protection Areas and identify permitted uses.
C. Develop policies to provide for an assessment of the Rural and Agricultural lands
outside of the Urban Area and to limit land uses until the study is completed and the
Comprehensive Plan is amended.
D. Adopt Land Development Regulations to implement the interim amendments by
November 14, 1999.
Public Hearing Schedule:
CCPC August 19, 1999
BCC September 14, 1999
DCA Review 30 days - issue Objections, Recommendations and Comments Report
County to adopt within 30 days
Advertising:
Ordinance/Resolution*
Agenda package complete: CCPC: August 5th
BCC: August 27th
2. Remedial Amendments - completed by November 30, 1999
A. School siting criteria;
B. Provide measurable and adequate levels of groundwater resources and aquifer
recharge areas;
C. Guidelines and criteria for discharge rates and water management capacity;
D. Provide for farmworker housing;
E. Maintain or reduce hurricane evacuation times;
F. Amend policies to define the coastal high hazard area;
G. Provide for storage tank regulations to protect groundwater;
H. Industrial septic tank provisions in wellfields or recharge areas;
I. Restrict densities and provide criteria for development on coastal barrier a'..d be~"h
systems; AGENDA ITEM
.,,. ,ff,,f') /
AUG 0 3 L°99
---. J, Provide policies to protect groundwater resources; and
K. Amend the Future Land Use Map to depict the coastal high hazard area,
Public Hearing Schedule:
CCPC: October 7, 1999
BCC: November 9, 1999
Advertisinq and Aqenda packaqe deadline: September 23, 1999
3. Plan Amendments to implement the findings and result of the
Agricultural/Rural Assessment completed by June 22, 2002.
September 1999:
Staff presentation of a work plan and schedule for Rural/Agricultural Assessment,
focusing initially on the area known as the rural fringe. Work plan to address public
participation and technical assistance by appropriate state and federal agencies. NOTE:
No amendments resulting from the assessment may become effective prior to the
effective date of the Remedial Amendments.
AGENDA ITEM
/
AUG 0 3 1999
EXECUTIVE SUMMARY
DISCUSSION OF AN EXTENSION OF THE ADDITIONAL 1% LEVY OF TOURIST
DEVELOPMENT TAX DUE TO EXPIRE DECEMBER 31, 1999.
CONSIDERATIONS: On September 5, 1995 the Board of County Commissioners approved
Ordinance No. 95-46 to provide an additional 1% levy of a Tourist Development Tax (to the 2%
already being collected throughout Collier County) beginning January 1, 1996 and terminating
December 31, 1999. During the Tourist Development Program report presented to the Board of
County Commissioners on November 17, 1998 and the Board's workshop on January 13, 1999
the continuation and allocation of the 1% additional tax was discussed.
The continuation and potential re-allocation of the 1% additional tax must be approved by a
super majority vote of the Board of County Commissioners or it will expire on December 31,
1999.
FISCAL IMPACT: The 1% additional tax will raise approximately $2.8 million dollars per
year and $2.4 million dollars between January 1, 2000 and September 30, 2000. The present
additional third penny tax is allocated 100% to Category "A" Beach Renourishment projects.
GROWTH MANAGEMENT: There is no growth management impact of the additional 1%
levy to the Tourist Development Tax.
RECOMMENDATION: Staff recommends the Board of County Commissioners continue
assessment of the additional 1% tourist development tax past its present expiration date of
December 31, 1999.
PREPARED BY:
GI~G M.I~ALiC, DIRECTOR Date
HOUSING AND URBAN IMPROVEMENT
APPROVED BY:
i' ",: j'. '
VINCENT A. CAUTERO,'c%~P, ADMINISTRATOR Date
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
AUG 0 3 1999
EXECUTIVE SUMI IARY
APPROVE AN AMENDMENT TO THE TRANSPORTATION, EMS AND
LIBRARY IMPACT FEE UPDATE AGREEMENT WITH TINDALE-OLIVER
AND ASSOCIATES, INC., (TOA)
OBJECTIVE: To provide the Board of County Commissioners with additional information
regarding the revised Scope of Services for the Update Study for Transportation, Library and EMS
Impact Fees and to obtain Board approval of the Amendment to the Agreement.
CONSIDERATIONS: On February 23, 1999, the Board approved an Agreement with TOA for
an update to the existing transportation, EMS and library impact fees (Agenda Item 8B2). At that
time, staff indicated that the Board would be asked to approve a future Amendment to the
Agreement for additional services to 1) eliminate inconsistencies in all of the county's impact fee
ordinances, 2) clarify impact fee calculation methods, and 3) develop an integrated, comprehensive
impact fee procedures manual. These additional services are consistent with the findings and
recommendations of the Internal Audit Report prepared by the Clerk of Courts (Audit Report 98-03,
May, 1998).
The proposed Amendment (Attachment No. 1 ) will modify three sections of the original Agreement:
1) The Scope of Services will be expanded to include the preparation of the Administrative
Procedures Manual and the rewriting of all of the impact fee ordinances to assure compatibility and
internal consistency; 2) the term of the Agreement will be extended from ten months to 14 months,
however, the original intent of providing new impact fee schedules for transportation, EMS and
library uses will continue to adhere to the original schedule, and; 3) the fee will increase from
$107,094 to $206,579. These additional costs break down as follows:
1. Existing Agreement $107,094
2. Delete existing legal services and substitute Item No. 4 below ($ 6,930)
3. Administrative Procedures Manual $ 21,715
4. Re-write of Ordinances $ 84,700
Total Amended Contract Fee $206,579
FISCAL IMPACT: The revised total estimated cost for the study is $206,579. Funds are
available in the Transportation (331-339), Library (355), EMS (350), Parks (345,365,368), Water
(411) and Sewer (413) Impact Fee Trust Accounts Reserves (919010). Funds for the original
Agreement were transferred to the applicable expense budget line items via Budget Transfers.
Budget Amendments for funds for the additional fees in the mount of $7110 (14 funds X $7710 =
$99,540) from each of the foregoing funds will be required.
AUG 0 3 1999
EXEC~TTf\:E SUMMARY
Approve an Amendment to the TOA Agreement
,-_ Page 2 of 2
GROVCTH MANAGEMENT IMPACT: This work will provide an updated basis for
funding the planned capital improvements outlined in the Capital Improvement Element of the
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve Amendment No.
1 to the TOA Agreement for the Study to Update the Transportation, Library and EMS Impact Fees;
authorize the Chairwoman to execute the Amendment, and; approve the necessary budget
amendments.
PREPARED /~, DATE: '7-
BY: Edw~ J. Kant, P/,~.,/'Fransportation Services Director
7 ,'//'
S't~pE:r; 'E: '~arri~li, Pui'~l~inZ~"~neral Services Director
REVIEWrED BY: .~., .= ..,., /.--...-..,,-~_, A.,-(. DATE:
--- Vincent A. Cautero, AICP, Community Development Administrator
APPROVED B~ ~DATE:
Ed Ilschner, Public Works Administrator
Attachments: No. 1 - Proposed Amendment No. 1
AUG 0 3 1999
AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA
AND
TINDALE-OLIVER AND ASSOCIATES, INC.
(AGREEMENT 98-2843)
AMENDMENT #1
This Amendment dated 1999, to the referenced agreement shall be
by and between the parties to the original agreement, Tindale-Oliver and Associates, Inc. (to be
referred to as "Tindale-Oliver") and Collier County, Florida (to be referred to as "the County").
This amendment is the product of the following circumstances and events:
1. RFP #98~2843 was awarded to Tindale-Oliver by the Board of County
Commissioners on February 23, 1999, Agenda Item 8B(2).
2. The Executive Summary for the Award stated that staff would return to the Board for
approval of a contract amendment for additional services, and that it was critical that
the consultant start the original work as soon as possible.
3. The original contract was signed by the parties on February 23, 1999.
4. Delete Exhibit A, "Scope of Work" and replace it with the attached Revised Scope of
Services and Fees. The additional services will consist of a new task, Task 5, to
revise and update the existing ordinances and to provide an Administrative
Procedures Manual.
5.Amending Paragraph 4, the length of time to complete the additional services shall be
an additional four months, for a total contract time of fourteen months.
6.Amending Paragraph 7, the additional cost of such services will be $99,485.00, for a
new total contract amount of $206,579.00
All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Tindale-Oliver and the County have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk of Courts
By: By:
Dated: PAMELA S. MAC'KIE, Chairwoman
WitneSs ' '~::::;/ ' ' ' "'
D-/anne K. HaF::ee Printed/typed Name: St, even A. T-indale
Print/type Witness Name
Printed/typed Title: ~ares~d~nl:
CORPORATE SEAL
H~'di '¢F~ht~n
PAGE / OF / 2, " AUG 0 3 1999
EXHIBIT A
SCOPE OF SERVICES AND FEE
Revised July 14, 1999
Introduction
Collier County desires an update to its Transportation, Library, and Emergency Medical
Services impact fees, standardization of the format and content of all of its impact fee
ordinances, and development of an administrative procedures manual to address the
administration of all impact fees. The administrative procedures manual must
standardize the fee appeal procedures and internal processing of impact fee appeal
reviews. The tasks to be accomplished by the CONSULTANT are described in the
sections below. Following the task descriptions, issues to be addressed in the update
pertaining to each of the three impact fee subject areas are identified.
We will develop rational nexus fees, which associate the magnitude of fee with the
magnitude of the demand for services imposed by development. This logical basis has
been tried and found legally defensible, and is widely accepted.
The proposed fees will be responsive to, and based on the adopted local government
comprehensive plan. The Plan goals and policies should reflect changing trends in
technology, methods of delivery of services, financial partnerships, and expected
changes in the population and economic character of the community. We will rely on
Collier County staff to clarify and confirm the standards of service, the location and
magnitude of growth, and the strategy and facilities needed to meet the Goals of the
Plan. No local government comprehensive plan, as mandated by Rule 9J-5 of the
Florida Administrative Code, is required for Libraries or EMS services, but we
understand standards for these services exist and will form a basis for the fees to be
assessed. In addition, we will need for the County to provide records of services
provided or, if records are unavailable, to conduct surveys or keep records as a part of
their routine daily activities to provide a measure of services provided.
Task One: Review of Current Fees, Plans, and Issue Identification
To ensure that the updated impact fees are solidly rooted in the Comprehensive Plan,
or other formally adopted standards for service delivery, the initial task of our study will
be to review the ordinances, administrative procedures manuals, and technical
documents supporting the currently adopted fees and to compare them with the current
local government comprehensive plan. Standards for service delivery, the forecasted
costs to provide the services and facilities, and the current financial plans to provide the
services and facilities will be reviewed. Differences between current goals and
objectives, standards, and financial plans and the current impact-fee program will be
noted as key areas for resolution during the update study. We will also draw from our
experience to identify unaddressed issues and to compare conditions and standards in
Collier County with those of other communities.
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Fo.uvv,, i~ u,,i review of the available documents, we will review the "key issues" with
each "discipline director" to confirm the importance of each issue and to identify any
other smec;,;ic issues that need to be addressed. Following these discussions, the "key
issues" will be summarized in a technical memorandum to guide the analyses to be
unde~aF~sr, in Task Two.
Task Two: Data Compilation and Analysis
Task Two encompasses the technical analyses that support the fee schedules to be
adopted. In this task, we will coordinate with appropriate County staff to obtain the
needed data in usable formats, analyze the data, and produce initial proposed fee
schedules. The needed data will include, but not be limited to, records on requests for
services including time of day for EMS service calls, land use originating service
request calls, and category of user for library services, and construction, design, and
right-of-way acquisition costs for historical roadway improvements. In addition, field
studies will be undertaken at up to ten sites for trip generation, trip length, and percent
new trips in this task.
In this task, we will also meet with County staff currently involved with assessing and
collecting all impact fees to learn how the fees and fee appeal petitions are
administered.
As a result of this task, the standards, unit costs, unit demand, credits, and other
parameters used to compute the impact fees will be updated, enabling the computation
of an initial fee schedule. During the analysis, additional policy issues are likely to be
identified, which will be noted for resolution by the technical team or for consideration
by the Board of County Commissioners as matters of policy.
Task Three: Legal Review and Develop Recommended Fee Schedules
In Task Three, the preliminary fee schedules developed in Task Two will be reviewed
with County staff. The effects of various policy options will be explored relative to
funding needs, and County staff will guide the development of the fee schedules,
ordinance changes, and administrative procedures based on the issues identified in
Tasks One and Two. The non-legal CONSULTANT team support of the legal
sufficiency review will be undertaken in this task. as will support of the necessary
ordinance amendments and preparation of the Administrative Procedures Manual by
non-legal Consultant team members. "Camera-ready" draft technical support
documents will. be prepared and provided to the County for review, reproduction, and
distribution to interested parties prior to the public hearings. The technical support
documents will be finalized following Board of County Commissioners' adoption in order
that they can document any last-minute changes.
Task Four: Meetings and Pubtic Hearings
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The fourth task provides for monthly Prug, ess meetings and presentations to the Board
of County Commissioners. Eleven (11) day-long trips to Collier County have been
inc[~,..' j ;,, L:-,e budget for the County to use as it deems best. We propose eight (8! or
nine (9) monthly project management/workshop meetings with County staff plus two (2)
to three (3) public meetings with the Board of County Commissioners or others.
Task Five: Ordinance Revisions, Updates and Reformatting
Subtask A: Review Twenty Impact Fee Ordinances for Eight Substantive Areas
County staff has supplied us with twenty (20) impact fee ordinances covering eight (8)
substantive areas as follows (the ordinance numbers, where known, are included
parenthetically after each substantive area): (1)Roads, (2)EMS, (3)Library,
(4)Education, (5)Parks and Recreation, (6) Water/Waste Water, (7) Fire, and
(8) Correctional Facilities. We will review each of these ordinances to identify
preliminary issues, concerns or areas of possible revision. Much of this review will be
to prepare for the meeting with County staff identified in the next task, and therefore will
focus on coordination of each these ordinances in the areas of the decision-making
process, the decision-maker, appeals procedures, application requirements and
process, and other areas which may allow for coordination, consolidation or unified
reformatting of these ordinances. The County will be responsible for immediately
providing all impact fee ordinances which have not been previously reviewed.
Subtask B: One Meeting with Staff
We will attend one meeting with County staff to discuss its preliminary review
conducted in the prior task. The focus of this meeting will be to explore the
coordination and/or consolidation of the 20 ordinances into either a single ordinance or
into eight ordinances (a single ordinance for each substantive area). Substantive areas
of discussion at the meeting will include the decision-making process, the decision-
maker, the appeals process, and application requirements and process, as well as
other areas which the consultant or County staff may wish to discuss in this context.
We will send a letter confirming any consensus reached at the meeting on these issues
as a follow-up to the meeting.
Subtask C: Outline of Revised Ordinance Format(s)
After our review and meeting with County staff, we will proceed with a detailed review of
the twenty ordinances in the context of reformatting them to a unified format. We will
evaluate the feasibility of coordinating, consolidating and/or unifying all or part of the
ordinances, generally in accordance with the consensus reached at the prior meeting
with County staff. The outline will reflect either a single outline of a revised ordinance
format or eight outlines of revised ordinance formats for each of the eight substantive
areas. The outline is intended to provide sufficient detail to allow the County staff to
understand the proposed format(s) and the general. description of the subject matter
contained in each section.
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Subtask D: One Meeting with Staff
We will attend one meeting with County staff to discuss the outline of the revised
ordinance format(s). This meeting is intended to flush out more detailed information
concerning the decision-making process, the decision-maker, appeals process,
application requirements and application procedures, as well as other formatting issues.
We will not be responsible for addressing, evaluating or making any substantive
changes, methodology changes or fee schedule changes to any of the ordinances
except to the extent specifically and expressly stated in this scope of services. The
foregoing notwithstanding, we may, in our sole discretion, address, evaluate or make
substantive changes acceptable to the County, especially in those areas that may be
incidentally affected as a result of the reformatting or procedural revisions. Subsequent
to the meeting, we will provide to County staff an final outline revised in accordance
with any consensus reached at the meeting. This final outline will be used to draft the
revised format for the proposed ordinance(s).
Subtask E: Draft of Revised Ordinances (not including Road Impact Fee)
Based upon the final outline of the proposed ordinance format(s), we will prepare the
draft ordinance(s) for seven of the eight substantive areas (EMS, Library, Education,
Parks and Recreation, Water/Waste Water, Fire and Correctional Facilities) (.not
including Roads). These draft ordinance(s) will incorporate the concepts of the final
outline and the substance of the existing respective ordinances in each of the seven
respective substantive areas, It will also incorporate the County's existing fee
schedules, except that it will include the fee schedules (if available) prepared by the
consultant for Library and EMS. It will also include any other substantive changes for
Library and EMS that have been prepared by the consultant and approved by the
County Staff or the County.
Subtask F: Draft of Revised Ordinance for Road Impact Fees
We will conduct a legal sufficiency review of the road impact fee issues and policies and
provide legal advice concerning these issues. [Note: The foregoing is a repeat for
clarification of part of the TOA Task Three] We will also incorporate any substantive
changes and revised fee schedules prepare by the consultant and approved by County
staff or the County into a newly revised and reformatted ordinance for road impact fees.
The format will attempt to mirror the format for the other ordinances., or it may be
consolidated into one ordinance along with the other substantive areas.
Subtask G: One Meeting With Staff
We will attend one meeting with County staff to discuss the draft ordinance(s) for all
eight substantive areas. This meeting is intended to review in detail the County staff's
revisions to the draft ordinance(s) prepared in Subtasks 5E and 5F above. It is
anticipated that County staff will provide us with proposed changes in written form in
sufficient time for us to review and evaluate same and be prepared to discuss same at
the meeting. As a follow-up to the meeting, we will attempt to clarify with County staff
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any questions or issues concerning proposed revisions prior to drafting the final
ordinance(s).
Subtask H: Final Ordinances
Based on the consensus reached at the prior meeting with County staff, we will prepare
the final ordinance(s) for all eight substantive impact fee areas. The final ordinance(s)
will be coordinated with County staff and the County Attorney's Office, will incorporate
any substantive changes which were the responsibility of the consultant, and will
include the revisions discussed above. The intent of this task is to have a final
ordinance(s) ready for the public hearing adoption stage.
Subtask h Four Public Hearings
We will attend up to four (4) public hearings before the County Planning Commission
and the Board of County Commissioners for adoption of the final ordinance(s). This
task will include minor revisions to the final ordinance(s) that may be required during the
public hearings. It will not include major substantive changes or redrafts.
Subtask J: Draft of Administrative Procedures Manual (APM)
Based on the final ordinance(s) adopted by the Board of County Commissioners, we
will draft an administrative procedures manual for the ordinance(s). The APM will cover
all eight substantive areas, including explanations and direction concerning
applications, procedures, decision-making and the like. Technical information provided
by the County or developed by the consultant as part of this scope of services will also
be included where appropriate.
Subtask K: One Meeting With Staff
We will attend one meeting with County staff to discuss the draft Administrative
Procedures Manual. The focus of this meeting will be to discuss the-detailed provisions
of the APM and any revisions to same.
Subtask L: Final Administrative Procedures Manual
Based on the draft APM and the meeting with County staff, the consensus revisions will
be incorporated into the final APM. We will work with staff to resolve any remaining
issues with the APM and finalize the revisions. A final Administrative Procedures
Manual will be delivered to County staff.
Transportation Issues
Since the current impact fee was adopted, Collier County's Long-Range Transportation
Plan has been updated to include several grade-separated interchanges. A strategy for
funding these high cost facilities will be defined, and the unit cost of road construction
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wm De updated taking into consideration recent County road improvement experience.
A review of the impact fee benefit districts will also be undertaken.
Gasoi~ne tax credits will be reviewed and updated to reflect the current allocation of
gasoline taxes to road construction. This will address the newly enacted five cent local
option gasoline tax, as well as information the Florida DOT may be able to provide
relative to enhanced TEA-21 funding.
In addition, greater refinement of land uses in the fee schedule is desired, and Collier
County staff has received special studies of unique land uses which will be reviewed for
incorporation into the technical aspects update. Inclusion of a general commercial land
use category will be considered and guidelines for its applicability will be developed.
TOA has also undertaken many studies of site trip-making characteristics since 1992,
when the previous technical study was completed. We will draw from this database to
update and enhance the current fee schedule.
Library Issues
The Library impact fee requires an update to reflect advances in technology, current
strategies for delivering library resources, and recognition of the demands made by
businesses. Computers and access to the Internet are changing the way libraries store
and retrieve information. Instead of subscribing to printed materials, subscription to
internet services is becoming the mode of staying current with information. This change
in technology requires expenditures for equipment and communications media which
will be addressed in the impact fee structure. In addition, the County library system is
finding it more cost-effective to provide fewer, but larger, "regional" libraries rather than
many, but smaller, branch libraries. Finally, the current fee charges only residential
uses and exempts businesses. However, businesses are increasing their usage of the
public library system as can be evidenced by information requests fielded by library
staff. Collier County's standards will also be compared to those of other communities
and those published by the Florida Library Association's Public Library Standards
Working Committee.
Emergency Medical Services (EMS) Issues
The EMS system share facilities with the fire protection services in Collier County,
which are largely independent fire districts. In addition, the communications used by
the EMS system make use of a centralized dispatch for all emergency services for the
entire County.- Further, management strategies such as joint response vs. single
vehicle response are being implemented as well. These working relationships will
require careful evaluation of the financial accounting for the costs of vehicles, their
attendant equipment, and housing facilities. The allocation of fees between residential
and non-residential land uses will be based on the "functional ~oopulation method" which
evaluates the number of individuals and the time duration spent at different types of
land use facilities. This information will be compared to the time and frequency of 'calls
by time of day to evaluate an appropriate allocation of costs between residential and
non-residential land uses.
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-Growth allocation and changes in population trends will also be considered in the
analysis because the population of Coiiier County is beginning a trend to a younger,
'~mify-oriented population.
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FEE AND PROPOSED FEE BASIS
The proposed fee for the Study is $89, 379. This fee is an estimate based upon our experience in
doing impact fee update studies in other communities, and is subiect to revisions once the extend
of available data is ascertained. We are flexible on our contract approach. It may be appropriate
in the early phases to enter in a master contract with initial work orders to assess the level of
analyses necessary to accomplish the specific technical analyses required to support he impact
fees. Included in the fee estimate are nine monthly meetings in Collier County to report of project
progress, and two public presentations before the Board of County Commissioners. A summary
of the budget allocated to the major task elements is provided below.
In addition, there is $84,700 for the review of 20 ordinances for the eight (8) substantive areas.
Additionally, if there are land uses for which local staff feel travel characteristics are unique, 'and
for which we have not previously undertaken studies in other counties, field studies can be
undertaken to verify and document those unique characteristics. The number of land uses for
which Collier County desires field studies of trip rate, trip length, and percent new trips is not
indicated the Request for Proposals, so a fee per site of $3,250 is also proposed.
Proposed Fee
Engrt
Prin PM Sr Engr Planner Tech Clencal Atty ACN Exp Task Budgei
$146 $139 $90 $56 $35 $31 $165 $150
Task 1: Review Documents , Issues
Tech Memo
Task Total: $7,898
r,~n=nnrl,~hnn ~n;~v.;i~
'rip Charactenst~s F~ld Stud~s {10) 5 60 54C $7,635
,ibra~ An~s~ 4 16 $2,954
EMS Ana~sB 4 8 20 4C 24 $7.378
nt~w~ ~f ~mn~f FP~ ~t~ff ~ 4 ~3 44F
~repare T~h Memo 4 1~ 81 12 4 $4,49C
Task Total: $24,860
Task Total: $2B,539
Task 4: Mee: s and Public Presentslions
Monthly Coordina~io~tProqress Meet~nqs ('i'OA)40 72 $11130 $16,943
4onthly CoordjnaticnlProqress Meetinqs (I-M) $71 $71
Menthlv CoordinatinrLtProores~ Meetinns (C=~MA~ 16 $926 $3,326
Prepare for PubYic Meetinqs 2 4 6 4 $100 $1,277
BF)(~,, Prp~enf~innr, (?~ 16 16 6 5714 $6465
Task Total: $28.082
Job Totals: $89.379
Task Tolal: $3,250
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ADDITIONAL FEES
OUTLINE OF ICARD, MERRILL SCOPE OF SERVICES AND BUDGET
BUDGET HOURS TASK
7.000 42.5 hrs 5 .A. Review 20 ordinances for 8 substantive areas:
1. Road (3)
2. EMS (1)
3. Library (5)
4. Education (3)
5. Parks and Recreation (4)
6. Water/Wastewater (2)
7. Fire ( 1 )
8. Correctional Facilities (1)
1.600 9.7 hrs 5.B. One (1) meeting with staff re: decision process, decision maker,
appeals, etc. (includes preparation and follow-up)
21,000 127.5 hrs 5.C. Outline of revised ordinance formats for A-G (reformatting
only)
1600 9.7 hrs 5.D. One (1) meeting with staff re: outlines (includes preparation and
-'- follow-up)
18,000 109.0 hrs 5 .E. Draft of revised format for ordinances for B-G (reformatting
only)
6,900 42.0 hrs 5.F. Draft of revised ordinance for A (reformat and substantive
changes)
1. Legal issues
2. Drafting
1,600 9.7 hrs 5.G. One (1) meeting with staff re: all revised ordinances (includes
preparation and follow-up)
7,000 42.5 hrs 5 .H . Final ordinances for A-G
6.400 39.0 hrs 5.I. P.C. and BOCC adoption hearings (4) (including minor, but not
major modifications)
10~000 60.5 hrs 5 .J. Draft Administrative Procedures Manual for revised ordinances
A-G
1,600 9.7 hrs 5.K. One (1) meeting with staff re: APM (includes preparation and
follow-up)
2.000 12.2 hrs 5.L. Final APM
---- S84,700 514.0 hrs ICARD MERRILL CULLIS TIMM FUREN & GINSBURG, P.A.
TOTAL BUDGET ONLY
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/
SCHEDULE AND MANAGEMENT PLAN
The =~s3osed Scope of Services is divided into four major proiect phases, as iljustrated in the
Gantt chart below. The first two-month phase involves reviewing the e×istin9 fee ordinances,
administrative procedures, fee schedules, adopted comprehensive Plans, and Capital
Improvement Programs. Countywide growth projections and demand estimates will be reviewed
and the logical premises for assessing impact fees for each service area will be developed. The
standards adopted in local government Comprehensive Plans will also be reviewed and the
magnitude of existing deficiencies and projected deficiencies will be identified. A summary of key
policy issues and data needs will be presented with a Technical Memorandum. This
memorandum will serve as a guide for the philosophical and legal approach to updating the fee
programs and to identify potential changes that may be necessary in the way the County does
business.
Once the logical premises for assessing impact fees are established, then the second phase
begins. Data regarding current facility inventories, demands, and capacities of the existing
infrastructure will be compiled and the financial capability to expand the services to serve future
growth will be reviewed. In the process of this analysis, the demand for services generated by
each unit of land development activity will be evaluated and appropriate credits quantified. This
phase of the schedule will culminate six months into the study schedule with the quantification of
administrative, policy, and technical issues and the preparation of initial fee schedules.
The third phase of the project will require one to two months, and involves working with County
staff to discuss adjustments to County policies and administrative procedures to implement the
alternative impact fee schedules. Upon determining the appropriate policy direction, the technical
analyses supporting the impact fee will be used to generate alternative fee schedules, and
decisions will be documented and reviewed for legal sufficiency.
The fourth phase of the project involves presenting the proposed schedules to the Board of
County Commissioners in a series of workshop sessions. This phase culminates in the adoption
of the modified impact fees and updating ordinances and administrative procedures to guide the
appropriate administration of the updated fees.
Collier County Impact Fee Update Study
Project Schedule
I 1999 - 2000
Task July Aug Sept Oct Nov Dec{ Jan Feb March
Task~l ;~ R~f~ urren , i i":~Bla~'~.~
The Management Plan involves communication, scheduling and deliverables and quality control.
All project communication will be channeled be~een the County's ProjeCt Manager and the
Consultant Project manager, Bill Oliver. Mr. Oliver will coordinate with various team members to
ensure continuity of work effo~ and consistency of philosophy among the team members and
technical tasks. We also recommend establishing a Steering Committee of the four key County
"discipline directors" - Phil Tindall, Ed Kant, John Jones, and Diane Flagg - to provide for
continuing project management and leadership. Project management meetings will be held with
this committee on a regularly scheduled monthly basis to review progress and to resolve issues.
}ATTACHMENT NO, / '
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These month!y '-",eetiqgs may be expanded into workshop sessions with other CoUnty staff as
need arises.
As the outset of the project, a major milestone schedule will be developed. Monthly status reports
will be submitted with invoices indicating major tasks accomplished during the preceding month
and identifying tasks that will be accomplished during the upcoming months. In this way, the
County Project Manager will be able to monitor the progress of the Consultant throughout the
duration of the project.
Project management also involves quality control and quality assurance. Quality assurance
reviews are undertaken through a peer review process and by comparing findings of the technical
analyses with those of other Counties. From our work in other Counties, we are aware that
certain ranges of values for unit costs and demands are typical of many communities. While
some communities have unique characteristics which require that demands and unit costs differ,
we also know that certain ranges of values are typical If values fall outside of commonly
encountered ranges, additional investigation and explanation are in order. Quality control is an
attitude that begins with the individuals working on the project. Staff meetings are held regularly
to ensure that each team member understands the tasks they are assigned to do and how they fit
in with the overall project objectives.
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ATTACHMENT NO. / AUG 0 3 1999
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EXECUTIVE SUMMARY
TO ADOPT PROPOSED FY 2000 MILLAGE RATES AND TO
AMEND THE FY 2000 GENERAL FUND RESERVE POLICY
OBJECTIVE: To adopt the proposed millage rates as the maximum property tax rates to be
levied in FY 2000 and to amend the General Fund reserve policy.
CONSIDERATIONS: The tax rates hereby adopted must be provided to the Property Appraiser
by August 4, 1999 for use in preparing the Notice of Proposed Taxes. Each Collier County
property owner will receive this notice, which must be mailed by August 24 under Florida Truth In
Millage (TRIM) law.
During the September public hearings the Board may maintain or lower millage rates in each
taxing unit at the level of the proposed millage rates. The millage rates may not be raised
subsequent to this adoption, without meeting additional public notice and advertising requirements.
The proposed millage rates and associated tax increases or decreases are included as attachments
entitled "Property Tax Rates - FY 00 Proposed" and "Property Tax Dollars - FY 00 PropOsed".
· The proposed General Fund (001) millage rate of 3.5058 is .0452 mills or $4.52 per $100,000
of taxable value less than the adopted FY 99 rate. The proposed county-wide millage rate of
3.5413 is .05 10 mills or $5.10 per $100,000 of taxable value less than the adopted FY 99 rate.
· The proposed Unincorporated Area General Fund (111) millage rate of .5203 is .0684 mills or
$6.84 per $100,000 of taxable value less than the adopted FY 99 rate.
· The proposed 4.1857 aggregate millage rate, which factors in all special taxing districts, is
.0748 mills or $7.48 per $100,000 of taxable value less than the adopted FY 99 rate.
Public hearings on the FY 2000 Collier County budget will be held on Tuesday, September 7, 1999
and Wednesday, September 22, 1999 at 5:05 p.m. in the third floor boardroom in the
Administration Building at the County Government Center Complex.
General Fund Reserve Policy
During the June 1999 budget workshops, discussion focused on modification of the General Fund
reserve policy. The adopted FY 00 budget policy contained the following language related to
AUG - 3 1999
Pg._ t
reserves~
Reserves
Funds earmarked for future year capital projects shall be budgeted in a separate
Reserve for Capital Outlay account. Reserve for contingencies shall be
appropriated to cushion against unplanned expenditures, especially in case of
major natural disasters. A reserve for cash flow may be established with a
maximum (per Florida Statutes) of 10% of total fund appropriations.
Recommendation: In the General Fund, the recommended reserve for cash flow is
$1,500,000. In the MSTD General Fund, the recommended reserve for cash flow is
$250,000. Operating funds may budget, at a minimum, a 5% reserve for
contingency. A reserve for contingency is typically budgeted in all operating funds,
with the exception of the Constitutional Officer funds. Reserves for the
Constitutional Officer funds shall be appropriated within the County General Fund.
The curren/General Fund contingency reserve in the FY 00 tentative budget is $5,448,300 and the
reserve for cash flow is $1,500,000. Staff has subsequently determined the dollar amounts
appropriated from General Fund reserves for the period from FY 95 - FY 99 as specified below:
Fiscal Year Amount % of Exp. Base
FY 99 (year to date) $965,158* 1.14%
FY 98 $833,078 0.88%
FY 97 $1,293,594 1.48%
FY 96 $1,235,393 2.04%
FY 95 $1,433,046 2.32%
*Note: Annualized FY 99 reserve us age is $1,158, 190.
The five year average reduction from General Fund reserves from FY 95 - FY 99 (using the
annualized FY 99 figure) is $1,190,660. When the contingency reductions noted above are
expressed as a function of the General Fund expenditure base, the five year average is 1.47%.
Therefore, staff recommends revising the FY 00 General Fund reserve for contingency from 5.0%
to 1.5% of the General Fund expenditure base. In FY 00, the General Fund expenditure base is
$108,967,000; the revised General Fund reserve for contingency is $1,634,500. The reduction in the
General Fund contingency reserve is offset by a corresponding increase in the cash flow reserve.
NAo?EN~,Ac,!IT,~M
AU6 - 3 1999
The chart below shows the net effect of the proposed change in the reserve policy.
Impact of Proposed Reserve Policy Revision
FY 00 FY 00
Tentative Revised
Reserves Budget Budget Variance
Reserve for Contingency 5,448,300 1,634,500 (3,813,800)
Cash Flow Reserve 1,500,000 5,3 13,800 3,813,800
Total $6,948,300 $6,948,300 $0
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: The proposed General Fund (001) millage rate of 3.5058 is .0452 mills or
$4.52 per $100,000 of taxable value less than the adopted FY 99 rate. The proposed county-wide
millage rate of 3.5413 is .0510 mills or $5.10 per $100,000 of taxable value less than the adopted
FY 99 rate. The proposed Unincorporated Area General Fund (111) millage rate of .5203 is .0684
mills or $6.84 per $100,000 of taxable value less than the adopted FY 99 rate. The proposed
4.1857 aggregate millage rate, which factors in all special taxing districts, is .0748 mills or $7.48
per $100,000 of taxable value less than the adopted FY 99 rate.
The recommended change in the General Fund reserve policy will decrease the General Fund
reserve for contingency by $3,813,800 and increase the General Fund cash flow reserve by a like
amount.
RECOMMENDATIONS: That the Board of County Commissioners:
1. adopt by Resolution the proposed property tax rates for Fiscal Year 2000 as detailed in the
attachments;
2. approve the recommended change in the FY 2000 General Fund reserve policy.
Submitted by: f/4-,~~ .f'~-~~"' DATE:
Approved by: ~ DATE: -~/)
· Robert F-:"Femandez, CO_u~ ~dministrator /
AGENDA ITEM
No. 8' d"(,)
AUG - 3 1999
3
1 RESOLUTION NO. 99-
2
3 A RESOLUTION APPROVING THE COUNTY'S PROPOSED
4 MILLAGE RATES AND SETTING THE PUBLIC HEARING
5 DATES FOR ADOPTION OF THE 1999/00 AMENDED TENTATIVE
6 BUDGET AND 1999/00 FINAL MILLAGE RATES AND BUDGETS.
7
8
9 WHEREAS, Section 200.065, Florida Statutes, provides procedures for fixing the millage
I 0 rates; and
11 WHEREAS, Section 129.03, Florida Statutes, sets forth the procedure for preparation and
12 adoption of the budget; and
13 WHEREAS, the Board of County Commissioners has received and examined the tentative
14 budgets for each of the County's funds including all estimated receipts, taxes to be levied and
15 balances expected to be brought forward, and all estimated expenditures, reserves and balances to
16 be carried over at the end of the year; and
17 WHEREAS, Section 200.065, Florida Statutes, provides that the Board of County
18 Commissioners shall hold public hearings to adopt the tentative budgets,.
19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
20 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
21 1. The proposed millage rates as set forth in the attached Exhibit "A" and incorporated
22 herein are hereby approved as the County's proposed millage rates pursuant to Sections 129.03
23 and 200.065, Florida Statutes.
24 2. The public hearings to adopt the 1999/00 amended tentative budgets and 1999/00 final
25 millage rates and budgets, respectively, pursuant to Section 200.065, Florida Statutes, will be
26 held by the Board of County Commissioners on September 7, 1999, at 5:05 P.M., at the Collier
27 Coufity Government Center, Administration Building, Third Floor Boardroom, 3301 East
28 Tamiami Trail, Naples, Florida, and on September 22, 1999, at 5:05 P.M., at the Collier County
29 Government Center, Administration Building, Third Floor Boardroom, 3301 East Tamiami Trail,
30 Naples, Florida.
31 This Resolution was adopted after motion, second, and majority vote.
32
33 DATED:
34
35 ATTEST: BOARD OF COUNTY COMMISSIONERS
36 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
37
38
39 By:.
40 PAMELA S. MAC'KIE, Chairwoman
41
42 Approved as to form and
.-..--. 43 legal sufficiency: AGlrNDA ITEM
44 NO. ~,'
47 David C. Weigel ~ AUG -
48 County Attorney ~
49 F'g .__
50 h:Kay/Resolution
Collier County, Florida
Property Tax Rates
FY 00
Proposed
Water Pollution Control 114 0.0413 0.0378 0.0355 -6.1%
Total Count>' Wide Millage Rate 3.5923 3.2890 3.5413 7.7~,
Road District 2 103 0.1163 0.1074 0.1422 32.4%
Road District 5 106 0.2195 0.1884 0.3300 75.2%
Golden Gate Community Center 130 0.2985 0,2841 0.2260 -20.5%
Naples Park Drainage 139 0.0000 0.0000 0.0000 #N/A
Victoria Park Drainage 134 0.1240 0.1195 0.1140 -4. r
~Naples Production Park 138 0.0000 0.0000 0.0000 #N/A
!Isle of Capri Fire 144 1.0000 0.9714 1.0000 2.9%0]
Collier County Fire 148 1.7979 1.9275 2.0000 3.8%
Radio Road Beauti~cation 150 0.5000 0,4841 0.5000 3.3%
Lely Golf Estates Beauti~cation 152 1.5000 1.4648 1.5000 2.4%
Forest Lakes Roadway &Drainage MSTU 155 0.0000 0.0000 1.0000 #N/A
Bayshore Avalon Beauti~cation 160 3.0000 2.9352 3.0000 2.2%
Marco Island Coastal Beach Renourish 207 0.0000 n/a 0.0000 #N/A
Collier County Lighting 760 0:1886 0.1897 0.1719 -9.4%
, EXHIBIT A
Collier County, Florida
Property Tax Dollars
FY O0
Proposed
Water Pollution Control 114 881,449 923,428 866,600 -6.2%
Total County Wide Taxes Levied 76,669,002 80,348,0 17 86,511,100 7.7%
Road District 2 103 818,760 873,270 1,156,600 32.4%
Road District 5 106 306,992 326,625 572, 100 75.2%
Golden Gate Community Center 130 214,782 219,763 174,800 -20.5%
Pine Ridge Industrial Park 140 25,398 26,275 9,600 -63.5%
Golden Gate Parkway Beauti~cation 136 195,608 197,637 207,200 4.8%
Naples Production Park 138 0 0 0 #N/A
Naples Production Park 141 6,823 7,082 33,800 377.3%
Ochopee Fire Control 146 496,625 509,532 533,900 4.8%
Goodland/Horr's Island Fire 149 0 0 61,300 #N/A
Sabal Palm Road MSTU 151 25,496 25,938 0 -100.0%
Hawksridge Stormwater Pumping MSTU 154 2,098 2,603 1,500 -42.4%
Immokalee Beauti~cation MSTU 156 223,048 224,299 233,100 3.9%
;Parks GOB Debt Service 206 864,902 915,206 835,800 -8.7%
Isles of Capfi Municipal Rescue 244 30,932 32,725 30, 100 -8.0%
:Naples Prod. Park St. Lighting 770 1,301 1,349 13,400 893.4%
Pelican Bay MSTBU 778 494,834 520,093 520,400 0.1%
Total Taxes Levied 91,825,009 96,292,792 103, 119,500
-"" Aggregate Taxes 90,929,175 95,344,861 102
No. ~'
AUG - 3 lYgg
Pg .~
APPOINTMENT ~OF ADVISORY BOARD
OBJECTIVE: To appoint two members to serve the remainder of vacant terms on the Hispanic
Affairs Advisory Board.
CONSIDERATIONS: The Hispanic Affairs Advisory. Committee has 2 vacancies with the
terms expiring on June 25, 2001 and June 25, 2003. This 9 member board identifies and
evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure
open communication between the minorities and Collier County Government and provides
periodic reports to the Board of County Commissioners. Terms are 4 years.
A list of the current membership is included in the backup.
A press release was issued and resumes were received from the following two interested citizens:
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
Andrew J. Fox, Jr. n/a 4 yes None
Christopher O. Bent n/a 4 yes None
,--'-. COMI~'IITTEE RECO~IMENDAT1ON: Andms J. Fox - 06/25/01
Christopher O. Bent - 06/25/03
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment and appoint two members to serve the remainder of the vacant
terms; and direct the County Attorney to prepare a resolution confirming the appointments.
Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners
Agenda Date: AUGUST 3, 1999
AU6 I) 3 1999
Pg. / ..
MEMORANDUM
jijL
TO: Sue Filson, Administrative Assistant
FRO~.I: t County Attorney and HAAB Liaison
DATE: July 2, 1999
RE: Applicants Seeking Appointment to the Hispanic Affairs Advisory Board
At its regular meeting held June 24, 1999, the Hispanic Affairs Advisory Board (HAAB)
unanimously recommended that Andrew J. Fox, Jr., be appointed to their board. In addition, the
HAAB previously recommended that Christopher O. Bent be appointed to their Board.
Please have the Board of County Commissioners consider applicants Christopher O. Bent and
Andrew J. Fox. Jr., for appointment to this Board.
Thank you for your assistance in this regard. If you have any questions, please do not hesitate to
contact me.
RM&n
attachments
cc: David C. Weigel, County Attorney
HAAB Members
AUG 03 1999
M E M 0 R A N D U M
TO: Sue Filson, Administrative Assistant
FROM: t County Attorney
DAIE: June 8, 1999
RE: Vacancies on the Hispanic Affairs Advisory Board
Frank Rodriguez' term will expire on June 25, 1999. Mr. Rodriguez has informed my office
that he does not intend to reapply, leaving a vacancy to be filled. You have forwarded to my
attention applications from persons interested in appointment to the Hispanic Affairs Advisory
Board. One applicant, Andrew J. Fox, Jr., has not yet had an opportunity to appear before the
Hispanic Board for consideration.
The next meeting of the Hispanic Affairs Advisory Board is scheduled for June 24, 1999.
intend to notify Mr. Fox to appear before the Board at that time.
If you have any questions, please do not hesitate to contact me.
RM/kn
attachments
cc: David C. Weigel, County Attorney
HAAB Members
Hispanic Affairs Advisory Board
D~grk Phone Appt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2rid Ter.t
VACANT 06/25/99 4 Years
&3
Naples, FL
District:
CaregoD':
Leo R. C~dona 06/22/99 06/25/03 4 Ye~s
557 106th Avenue Noah 5~3-~748
Naples. FL 34108
D~trict: 2
CaregoD,:
Fr~ G. Loner 08/01/95 06/25/99 4 Ye~s
131 Tahiti Street 6/22/99 06/25/03 4 Years
Naples. FL 34113
District: 1
CaregoD':
David Correa 06/06/95 06/'25/98 3 Ye~s
11257 Longshore Way West 10/20/98 06/25/02 4 Ye~s
Naples. FL 34119
District: 5
Category:
M~ia Grimaldo e57~4e~ 03/23/99 06/25/02 3 Years
203 N. 8th Street B57-7754
Immokalee. FL 34142
District: 5
CaregoD':
Pete Cade. Jr. 657-~ 763 08/05/97 06/25/01 4 Years
1903 Leed Avenue
I~okalee, FL 34142
D~trict: 5
CategoO':
Wednesday, June 23, I99~9 ...... Pa~ ] of 2 " "
/ UG 03 1999
Hispanic Affairs Advisory Board
Worl{ Phone Appt'd Exp. Date Term
J~'alHe Home Phone DateRe-appt 2ndExpDate 2rid Term
Dora S. Vidau~i 658-2082 08/05/97 06/25/01 4 Years
611 Nassau Street Apt. b3
I~okalee. FL 34142
District: 5
CaregoD':
Kate L. Wamer F~ j'~ ~r'd 12/16/97 06/25/01 4 Years
1717 C~elia L~e ~ 435~577
Naples, FL 34105
District: 1
CategoO':
Fare D. Reddick 03."'23/99 06/25/01 2 Years
40~ 1 Gulf Shore Boulev~d North 434-~475
Naples. FL 34103
District: 4
CategoO':
T;:Es ~ member cc, mmittee was created by Oral. No. 91-37. amended by Ord No. 91-78) to
identify and evaluate problems unique to the Hispanic community, review and recommend ways
to ensure open communication between minorities and Collier County government and provide
periodic reports to the Board of County Commissioners Terms are 4 years.
FL ST.4 T:
Staff.' Ramiro Manalich, Assistant County Attorney: 774-8400
It/ednesday, )%.e"23, 1999 Pag~ 2 of 2
AUG 03 1999
MEMORANDUM
DATE: June 1, 1999
TO: Vinell Hills, Elections Office
i
RE: Voter Registration - AdvisoD' Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the countv's advisory. committees. Please let me know if those listed
below are registered voters in Collier Count>;.
Also. please list the commission district in which each applicant resides.
HISPANIC AFFAIRS ADVISORY BOARD COMMISSION DISTRICT
-~-D,.,,Andrew J. Fox. Jr. jTj4~y~__~~ L/
C , 180 Central Avenue
to'> Naples, FL 34102
Christopher O. Bent ZTZ
150 3rd Avenue North t~
Naples, FL 34102
Thank you for 3'our help.
AUG 03 1999
MEMORANDCM
DATE: June 1. 1999
TO: Ramiro Ivla~alich, Chief Assistant County/2?,~prney
RE: Hispanic Affairs AdvisoD' Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in ser~'ing on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Andrew J. Fox, Jr.
180 Central Avenue
Naples, FL 34102
Christopher O. Bent
150 3rd Avenue North
Naples, FL 34102
Please let me know, in v, Titing. the recommendation for appointment of the advisor' committee
vdthin the 41 day time-frame. 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
AUG 03 1999
FROM: JAY AND SANDRA PHONE NO.,: 912 443 0239 JUN. 01 1999 12:28PM P1
"' 180 CENTRAL AVENUE
_!':: :i NAPLES, FLORIDA 34102
TEL ( 1 ) 941/261-0275
FAX ( 1 ) 941/263-6914
emaJl: jaysandra@woddnet-att. net
TO SUE FILSON
FR, OZVI ANDI~EWJ. FOXTR,. lsw'/~ issst4
SUJBIECT COUNTY ADVISORY BOARD
]une 1, 1999
This is a follow-up to our phone conversation earlier this morning. I would like to
apply for a position on the County Advisory Board dealing with minority groups, Latin
Americans elc. Address, phone., fax and email in the upper tiE, hi hand comer. My date of
birth is 9/6/30. My Social Security # 081-24-65 15A. I parebased my Naples home in
April 1999 and b~came a year round resident on Sept. 1, 1999. I am ret~ed, married, a
registered voter, and would like to become active in local civic activities.
I was born in Brooklyn, N.Y., brougl~ up on Long Island, atte'aded the University
of Notre Dame and graduated from Harvard University in 1952. Forty of my forty five
working years were spent abroad. I retired Jan 1. 1998.
A list of my more recent civic activities is as follows:
Member Fulbright Commission, Dublin, 1989--96
Eisenhower Fellowship Fund, 1987-95
Director US Chamber of Commerce Ireland, 1980-96, President 1984-86
Member Irish Corrugated Packaging Assoc. 1982-95, President 1986-88,
1993.
Director Irish M:~n_-_gement Institute, Dublin 1985-95
Director Scholarship Exchange Board 1985-89
Fund Raising Committee, British American Hospital, Madrid
Member C. te. neral Council FEFCO, Pads I993-96
Listed Marquis Publications Who's Who in the World
My working experience includes;
Director International Development Europe, Africa, Middle East, India
Union Camp Corp.
Founder and Managing Director Union Carnp's investments ~: ,,,,,,t ;,, _ __
AU6 03 1999
FROM: JAY AND SANDRA PHONE NC. : 912 443 02~9 JUN. 01 1999 12:28PM P2
herto Rico, - Barcelona, Valencia, Canary Islands Spain - Dublin Ireland
Istanbul, Turkey.
Project Mansger W.R. Grace & Co. Colombia ...
I. P. Morgan & Co
Case O~cer C.I A~
As you can see from som~ of the above, I have be~ exposed to Spanish and
Hispanic culture for a number of years, speak the language and proudly have two
grandchildren living in Mexico and one in Madrid~ Spain.
If considered for the Council I would appreciate talking to someone about the
actions, responsibilities, woridng procedures e~c. before siffning on.
Hope this is enough information.
Regards,
AU6 03 1999
Christopher O. Bent
Napl,.~. FL 341 o2
Phonc94t-2ol-2~75 ~'.'~r~ /
MaX 2~. ]999
Sue Filson
Board of County Commissioners
331~1 E. Tamianfi Trail
Naples. FI 34112
Re: Appomm~cnt to Hispanic Affairs Advisor3 Board
Dear Suc.
I rcspcctfull.~ submit mx name as a candidate for membership on the Hispanic Affairs Adx isor). Board. I am
greatly interested m continuing to scn'e the Hispanic communilx. As of last October I am a pcrnmncnt rcsidcnt
and a registered x otcr m thc countx. I am a member of San Pedro Mission at St Pctcr's and x~ork closclx xx ith Fr
Felix Alarcon. I xvill shortIv be on the Pueblo Bonito Board. Kixxanis. Rotan. and Yale Club of S\V Florida.
mission is to help the Icss fortunate of Collier Count'~ [ am cmplo)cd bx St. Matthcxx's House as Dcxclopmcnt
Coordinator. Please let mc knoxx of anx additional information xou ma\ nccd that xxould k of assistance NIx cell
phone is 8(,0-8958.
Refcrcnccs: Fr, Felix Alarcon 774-3111
Bob Bennett 352-I)219
Dean kind 598-3494
Rex Michael Hatper
Frank Rodnguc/ 435-7<,:5
Rex David Pierce 21C-1311
Rex. Jane \Vallacc 774-15(,4
Rex Jax Koxxalski 2o2-11G3
Christopher 0 Bent
03 1999
,^ r'POINTMENT OF MEMBER(S) TO THE BAYSHORE/AVALON BEAUTIFICATION
MSTU ADVISORY COMMITTEE
OBJECTIVE: To appoint one member to fulfill the remainder of a vacant term, expiring on
Mar)' 3, 2000 on the Bayshore/Avalon Beautification MSTU Advisory, Committee.
CONSIDERATIONS: The Bayshore Avalon Beautification MSTU Advisor)' Committee
has one vacancy with the term expiring on March 3, 2000. This 5 member advisor>' committee
was created on December 16, 1997, by Ordinance No. 97-82 to provide curbing, watering
facilities, planrings and maintenance of the median strips of roadwavs within the MSTU; provide
traffic calming improvements; and, beautification and maintenance of other areas within the
MSTU. Members will also prepare and recommend an itemized budget to the Board of County
Commissioners. Members must be permanent residents or owners of commercial property
within the MSTU boundaries.
A list of the current membership is included in the backup.
A press release was issued and resumes were received from the following 4 interested citizens:
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
Thomas A. Ryan Commercial Interest 4 yes none
Maurice Gutierrez Resident 4 yes none
John A, Atashian Resident 4 yes none
Gerald M. Smith Resident 4 yes none
NOTE: Mr. Atachian and Mr. Smith are both away for the summer months and Mr. Ryan did
not attend the requested meeting for an interview.
COMMITTEE RECOMMENDATION: Maurice Gutierrez
FISCAL IMPACT: NONE
GROWTH MANAGEI'vlENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment and appoint one member to fulfill the remainder of a vacant
term; and direct the County Attorney to prepare a resolution confirming the appointments.
Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners
Agenda Date: AUGUST 3, 1999
AU6 1999
Pg-~ /
.-'- MEMORANDUM
DATE: July 20, 1999
TO: Sue Filson
FROM: Dan DeCesare, Engineer II
Transportation Services Department
SUBJECT: Bayshore MSTU Vacancy Applicant
At their regular scheduled meeting on May 5, 1999, the Bayshore Advisory Committee
recommended Maurice Guitterez for the vacant advisory member position,
cc: Edward J. Kant, P.E., Transportation Services Director
File:
AU6 83 1999
Pg -__~:::~,~
Bayshore/Avalon Beautification MSTU Advisory Committee
,'YafitL' WorA' Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndE.xT~Date 2rid Term
Bill L. Neai 05/03/98 03/03/00 2 'fears
3839 Clipper Lane 774-6325
Naples, FL 34112
District: 4
Categor)': Resident
James Len_nane ct'~C[~' ~-t[! 'l'~J !~,k 03/03/98 03/03/00 2 Years
2/23/99 declared vacant 732-5500
Naples, FI_ 34102
District: 4
Category: Commercial Interest
Thomas R. Briscoe 03/03/98 03/03/01 3 Years
2841 Shoreview Drive 774-7564
Naples, FL 34I 12
District: 1
Category: Resident
Michael Bruet 261-4455 03/03/98 03/03/02 4 Years
7768 JeweI Lane. ~201 592-0027
Naples, FL 34109
District: 2
Category: Commercial Interest
Dorma Fiala 10/13/98 03/03/01 2 Years
4463 Lakewood Boulevard 436-5585
Naples, FL 34 [ 12
District: 1
Category: Property Owner
This 5 member committee was created on December 16, 1997, by Ordinance No. 97-82 to
provide curbing. watering facilities, planrings and maintenance of the median strips of roadways
within the MSTU; provide traffic calming improvements; and, beautification and maintenance of
other areas within the MSTU. Members will prepare and recommend an itemized budget to the
Board of County Commissioners. Members must be permanent residents or owners of
commercial property within the MSTU.
FL STAT: 125.01
Staff: Dan DeCesare, Engineer II, Transportation: 774-8494
AUG 03 1999
Pg -___~
MEMORANDUM
DATE: May 3, 1999
TO: " ' , '
FROM: ssistan
Board of County Commissioners
RE: Voter Registration - Advisory' Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
BAYSHORE/AVALON ADV COMM COMMISSION DISTRICT
Thomas A. Ryan
1905 8th Street. South
Naples. FL 34102
Maurice Gutierrez
2736 Shoreview Drive
Naples, FL 34112
John A. Atashian ~,~y,,~
3193 Lakeview Drive
Naples, FL 34112
Gerald M. Smith
3584 Windjammer Circle #1703
Naples, FL 34112
Thank you for your help.
AUG e3 1999
MEMORANDUM
DATE: May 3, 1999
Dan DeCesare, Engineer II
FROM: Sue Filson, Administrative Assistant
B ofC u
oard o nty Commissioner
RE: Bayshore/Avalon Beauti~cation MSTU Advisor>' Committee
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Thomas A. Rvan
1905 8th Street, South
Naples, FL 34102
Maurice Gutierrez
2736 Shoreview Drive
Naples, FL 34112
John A. Atashian
3193 Lakeview Drive
Naples, FL 34112
Gerald M. Smith
3584 Windjammer Circle #1703
Naples, FL 34112
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration. Please 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
AUG I]3 1999
Pg
4--28--99 WEI) I ,S -- 25 RYAN CO MPLS . P . 8 I
April 28, ~999
To: Sue Filson, Administrative Assistant
Collier County Commission
From: Tom Ryan
I would like to apply for the position on the Bayshore Avalon
Beautification Advisory Committee.
My resume is as follows
Born MarShall, Minnesota May 16,1929
Graduated University of Minnesota 1951 Bachelor Business Adm.
United States Army 1951-1952
Honeywell Sales Engineer 1952-1955
American Standard Sales Engineer 1955-1970
Founder and president of 4 companies involved
in energy generation and control.
Semi retired 1992 and currently involved in land devlopement
in Collier County and Minnesota.
Member Windstar Country Club, Lafayette Country Club. Naples
Sailing and Yacht Club.
Lector St. Ann's Church
Vice Chairman Naples Airport Authority Noise Compatibility
Committee
Owner of 2 commercial parcels of land on Bayshore Drive which
I intend to develop in conjunction with the improvement program.
Married and father of 7 children and 8 grandchildren and resident
of 1905- 8th St. So. Aqualane Shores since'1986.
Thomas A. Ryan
- 261-7432
AUG 3 1999
APR--28-99 07156 AM DIAMONDCARPETINC 941 ?74 V822 P.02
DIAMOND CAR.PET, INC.
SALES & SERVICE
I 173 Induslrial Bhd.
Naples, FI. 339-12
April 26 1999
Collier County Commisiou
Admini~t/ativ~ Assislant,
Sue, Filson
F~ 774-3602
Please let this letter ser~c ;ts my request to be condidetcd for a ~silion
o~n for d~c Bayshere Bculi~ilun Adviso~. Comntilcc, I am a current
full thnc resident and plo~'rly o~ner in the ga>slmrc disu ic[ For d~c la~t
18 )'~az's a~ 2736 Shorevicar Dr. 774-7022
-Accosialcs degree in Buisness
-Licencesd USCG Captain
-O~vncr of Dinmo.d Carpet Inc. Est. 1994 Naples
42ertificd Floor Co~ cring Claims Inspector
AUG 03 1999
TEL: ~ 13-263:0572/775-3517 ~
Pg.
~; &n A Atashian ""
3193 Lakeview Dr. ' : .......
Naples, Florida 34112
Application for advisory committee: Bayshore Avalon
Beautification Committee.
Attention Sue Filson:
I have been a home owner in the Bayshore Drive area for the
past twelve years. We have experienced the ups and downs of an
area that has been trying to develop a positive identity, within
Collier County. With the assistance and presence of local law
enforement, the Bayshore area is finally able to detect light at the
end of the tunnel.
Developments such as Windstar Country Club are a driving
force in our areas identity, we had high hopes for the Sable Bay
development, the seemingly scaled down version under another
name could be a positive influence in the redevelopment of our
neighborhood.
Having never applied or served on a county committee in the
past, my interest has peeked in this particular area. I am employed
as a Service and Parts Director at a local automobile dealership.
Listed are some of the facets I am responsible for at work: bid
processes, expense controls, develop personnel teams, analyze and
develop new processes, and so on. Presently I am responsible for
the success and training of over thirtyfive employees. I am an
active member of our local Vo-Tech Centers advisory board,
member-of the Southwest Florida Automobiles Association Guild.
I believe these skills will permit me to make a positive impact
on this committee, and would like the opportunity to assist all my
neighbors in creating the vision expressed at prior meetil g~. ~
Thank You for your consideration: Nto. L?.~~
(5~~ AUG ~3 !999
3584 Windjammer Circie= i 703' ':
April 2!, !999
Ms. Sue Fiison
Bd. of Counp,.' Commissioners
330i East Tamiami Trail.
Naples. Ft. 34112
Dear Ms. Filson:
Enclosed please find my resumceregardin,_,g the vacancy on the Advisorv Committee of the
Bavshore Beauti~cation & Redevelonment Committee. Should you need anv further
inf~..rm. ation. ! ,.:an be reached at 774-2046.
AUG 1999
RESUME
Name: Gerald M. Smith
Address: 3584 W'indiammer Circle .~ 1703
. , 2 '_ ~.: ._ {.., ' ,.:s~d~nt since
Occupation: Retired Vice Pres. & Assoc. Counsel of Key Corp... Cleveland. Ohio:
Anornev in their legal depaament for 24 I,."2 vrs. Dm'ing my career wi'J~
,he bank, I super~'ised 6 other attorneys in th~ F'cwnrnt-reinl I enclino
Division.
Prior to Key Com..--Asst. Prosecutor. Lake Co., Ohio & General Practice
Present Humane Sociew of Collier Co.: Habitat: Stephen Ministry-Trinity by the
Volunteer Cove and othcr volunteer activities at this church: President of Cumings
Ac.~i,.i,i~- M,,,-,-,e~d Pnrk COrn Madi~n. Clhicv A,.dUhnn Commi',-'e-Windsm,-
Count .ry Club
Prior Naples Community Hospital; Board ofkake CounB.', Ohio Cancer Socie~';
Volunteer Vestrv-St. James Episcopal Church. Painesville. Ohio: Treasurer-St.
Activities: James Episcopal Church
AU6 [; 3 1999
OBJECTIVE: To appoint 5 members to fulfill the remainder of vacant terms on the
Environmental Advisory Council.
CONSIDERATIONS: The Environmental Advisory Council has 5 vacancies due to
resignations. This 9 member council acts in an advisory capacity to the Board in matters dealing
with the regulation, control, management, use or exploitation of any or all natural resources
within the County, and the review of all land development petitions which require m~
environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional
impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/Special
Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions
which cannot be resolved between the applicant and staff. The membership will include
technical and non-technical members. Technical members shall demonstrate evidence of
expertise in one or more of the following areas related to environmental protection and natural
resources management: Air Quality, Biology (including any of the sub-disciplines such as
botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste,
Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control,
Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other
representative areas deemed appropriate by the Board such as, but not limited to, a representative
,-'-- of the development community. Members are required to file a Form 1 Statement of Financial
Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years.
A list of the current membership is included in the backup.
Resignations were received from W,. Terry Cole, Blair A. Foley, Marco A. Espinar, Monty D.
Robinson, and Jerry C. Neal.
A press release was issued and resumes were received from the following 10 interested citizens:
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
Ed Carlson technical 5 yes Lake Trafford Ad Hoc
Michael G. Coe non-technical 1 yes none
John P. DiNunzio non-technical 5 yes none
Thomas W. Franchino technical 4 yes Historical/Archaeological
Carol Lynn B. Kendall technical 4 yes Bch RenYCity
Ashley D. Lupo technical 1 yes none
Thomas Masters technical 5 yes Development Services
James L. McVey non-technical 3 yes none
*David A. Roellig technical - WITHDREW 2 yes Bch Ren & Pel Bay
J. Richard Smith technical 5 yes Rural Lands Oversight
* Mr. Roellig is currently serving on 2 committees and pursuant to Ordinance 86-41, as amended, "No person shall
serve on more than two County Boards simultaneously. If application is made for service on a third Board, the
~ applicant must resign simultaneously from one of his or her current Board positions, or the appli~ ~tru. L~R[~,~II~Ebl
Board shall be disqualified." NO ......~
NOTE: Attached is a spreadsheet summarizing the applicants' work related experiences. l~j~ 0 3
COMMITTEE RECOMMENDATION: Quasi Judicial - no recommendation cepted.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the applicants and
appointment 5 members to fulfill the remainder of vacant terms and direct the County Attomey
to prepare a resolution confirming the appointments.
Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners
Agenda Date: AUGUST 3, 1999
03 1999
Environmental Advisory Council
Work Phone Appt'd Exp. Date Term
.7~'ante Ho,te Phone DateRe-appt 2ndExpDate 2nd Ter, t
W. Terr).' Cole Ce-"c'~v'q~ ,et~t 262-4617 04/13/99 04/13/02 3 Years
9062 Autumn Haze Drive ~ 'i;k'~ %
Naples, FL 34109
District: 3
Caregore.': Tecb. nical - Engineer
Blair A. Foley p,.&¢3,''/;~ ka't'~'X'lCl 643-2324 04/13/99 04/13/00 I Year
120 Edgemere Way South 262-1225
Naples, FL 34105
District: 2
Category: Technical - Engineer
William \V. Hill 04/13/99 04/13/01 2 Years
3655 Amberly Circle A102 774-4412
Naples. FL 34112
District: 1
Category: Technical - Engineer
Milton Keen Cornell 04/13/99 04,/13/03 4 Years
686 Lismore Lane 592-7254
Naples, FL 34108
District: 2
Category: Tectmical - Engineer
Marco A. Espinar f'e-~ ~ 263-2747 04/13/99 04/13/03 4 Years
3880 Ester Avenue
Naples. FI2 34104
District: 3
Category: Technical - Biology
Montv D. Robinson /'~'~;t~r~,"tZ. 649-1551 04,/13/99 04/13/01 2 Years
242 'I:ina Lane 643-6320
Naples, FL 34104
District: 3
Categor)': Technical - Engineer
Jerry. C. Neal f.eS,~f,~ ~o-i~-~ '~'°l 948-2100 04/13/99 04/13/03 4 Years
1450 Caxambas Court 394-7143
Naples. FL 34145
District: 1
Category: Technical - Engineer
Friday, May 14, 1999 Page 1 of 2
AU6 03 1999
pg. ,.~
Environmental Advisory Council
~York Phone Appt'd E.x'p. Dale Term
]Yatne Home Phone DateRe-appt 2ndExpDate 2rid Term
D~iel F. Jackson 04/13/99 04./13/02 3 Years
~_~ Guilford Co~ 775-056~
Naples, FL 34112
District: 4
CategoO': Teclcal - Limnology
Thomas W. S~sbu~ 403-6800 04/13/99 04/13/00 1 Year
840 ~ver Point Drive ~840 4q7-2053
Naples, FL 34102
District: 4
CaregoD': Non-Tec~ical - Mgmt.
This 9 member committee was created on 01127/99 by Ord. No. 99-06 to act in an advisory
capacity to the BCC in matters dealing with regulation, control, management. use or exploitation
of any or all natural resources within the County, and the review of all land development petitions
which require an envoronmental impact statement (EIA) per section 3.8 of the Code. all
developments of regional impact (DRI), lands with special treatment (ST) or Areas of Critical
State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal
agreements. any petitions which cannot be resolved between the applicant and staff. Members
are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of
Eiections A~er initial appointments. terms are 4 years.
FL ST..I T.'
Staff: Vince Cautero, Community Development Administrator: 403-2385
..... ,,,,=,.,~=-,,m=,,,,,,~__- .... F N T
Friday, May' 14, i995~ Page 2 of 2
AU6 03 1999
COI,LIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
APPLICANTS
NAME PROFESSIONAL WORK AND RELATED EXPERIENCES EAB OR EPTAB
DEGREE/ASSOC.
· Research assistant, National Geographic Society
Ed Carlson BA - Zoology · Research assistant, National Audubon Society, 10 years None
(technical) Graduate school - wildlife
Ecology * Manager/Biologist, Corkscrew Swamp Sanctuary, 15 years
· Presidents Award for Excellence (National Audubon)
· Conservationist of the Year (Collier County Audubon)
-~ I> o ~. · Vice Chair, Corkscrew Regional Ecosystem Watershed
· ~ fn (CRE~V)
.,
:D ~ · Task Force to restore Lake Trafford
~o ~ ,-4 · Southwest Florida Water Management District Focus Group
· Company commander, Executive Officer and member of the
Michael ;. Coe, BA - Economics/History General Staff of the US Marine Corps, 23 years Service None
-- - L;~u~xna~ [ Colonel Masters Degree
· Liaison Officer with the American Embassy
(non-technical) * llighly decorated Officer
· Currently Financial Advisor, Prudential Securities
· Founder of Collier County Conservation Club for sportsmen,
John P. Di Nunzio AA - History/English currently their Media/Legislative Liaison None
(non-technical) · FL. Panther National Wildlife Refuge Stakeholders
Committee
· Delegate to Everglades Coordinating Council, 17 years
· Alternate delegate to the Everglades Coalition
· Associate and shareholder, Siesky and Lehman, P.A.
Thomas W. JD- Law
Franchino, P.A. BA - Political Science · Shareholder, Franchino & Rawson, P.A. None
· Currently Shareholder Law Offices of Thomas W. Franchino,
(technical) experience with land use law
· Ctirrently Legal Associate, Raymond J. Bowie, Esq., training
JD - l.a~v
MA-Comnmnications in environmental la~v, permitting and land use planning !a~v None
Carol Lynn B. Kendall
BA - !nlerna/ional · Producer, Neighborhood Network News, Boston
(technical) Relations · Public Relations/Marketing Consultant
· Beach Renourishment committee, City of Naples
· Collier County Audubon Society, Board of Directors
· Save the Bays {Naples), Board of Directors
· Currenfiy Associate Attorney, Law Offices of Frederick C.
Ashley D. Lupo JD -(Environmental) Law Kramer, land use law, litigation None
(technical) BS - Marine Biology
Graduate school - · Goldstein and Tanen, P.A., environmental litigation and land
Environmental Policy use law
· Rosenstiel school of Marine and Atmospheric sciences, Marine
Geology department
· Current Director of Engineering, Vineyards Development co.
Thomas Masters, P.E. BS - Ocean Engineering * Founder and President of TMA Consulting, civil and coastal None
(technical) Professional Engineer engineering
· Vice President, Amaxus Inc., services company
· Coastal Engineering consultants, staff engineer
· Development Services Advisory Committee
· Currently a partner in Gates McVey Builders Inc., general
James L. McVey BA - Business contractors None
(non-technical) Management * Tribble and Stephens general contractors
· Birlcher Wadsworth, Vice President of Construction
· Boran Craig Barber Construction Co., project manager
o ~- · YMCA, Board of Directors
, rn
zl
· Geologist for lleadqnarters, Corps of Engineers (CE),
BS - Geology Directorate of Civil works, Washington, DC None
David A. Roellig, P.G. Professional Geologist . Division Geologist for the North Central Division, CE
(technical) · District Coastal Zone Management coordinator, USCE
· Pelican Bay Advisory Board, Clam Bay Restoration Chairman
· City/County Beach Renourishment Advisory Committee
· Member, Association of Engineering Geologists
· Member, Florida Shore and Beach Association
· Currently Attorney, Law Offices of J. Richard Smith,
J. Richard Smith JD - Law experience with land use law None
(technical) BA - Political Science
· Golden Gate Estates Area Chamber of commerce, Board of
Direclors
· Golden Gate Estates Area civic Association, Vice President
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL 1999
OFFICE OF THE ADMINISTRATOR
levi ¥
MEMORANDUM
DATE: July 19, 1999
TO: Sue Filson, Administrative Assistant
Board of County Commissioners
FROM: Vincent A. Cautero, AICP, Administrator '/~LL~ '
Community Development and Environmental Sen/ices Division
SUBJECT: EAC Applicants
Staff has reviewed the ten applicants for the five open positions on the EAC and finds they are all
qualified to fill the vacancies. It appears that two of the applicants have job descriptions similar to the
five EAC members that recently resigned due to a conflict of interest. Those applicants am James L.
.... McVey and Thomas Masters. Copies of their applications were sent to the County Attorney"s Office
for review. You may wish to contact Ramiro Manalich regarding these applicants and ask that their
office call them to discuss the potential for a conflict of interest.
The four EAC members remaining on the Council include 2 Professional Engineers, 1 Ph.D.
Limnologist, and 1 Developer (President of Grey Oaks). Seven of the ten new applicants have
technical expertise. They are: 1 Biologist, 1 Professional Geologist, 1 Professional Engineer, 1
Environmental Lawyer and 3 Lawyers with land use experience. The non-technical applicants are: 1
Financial Planner, 1 Media/Legislative liaison, and 1 Builder (general contractor).
N
AUG 83 1999
MEMORANDUM
DATE: July 19, 1999
TO: Vinell Hills, Elections Office ~an,t~'
i
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
ENVIRONMENTAL ADVISORY COUNCIL COMMISSION DISTRICT
Ashley D. Lupo
478 Echo Circle
Marco Island. FL 34145
David A. Roellig
6000 Pelican Bay Blvd.. #204
Naples. FL 34108
J. Richard Smith
380 Frangipani Avenue
Naples. FL 34117
Thon~as W. Franchino
660 8th Street N.. ~6
Naples. FL 34102
James L. NlcVey h,c-Q
296 Monterey Drive
Naples, FE 34119
John P. Di Nunzio hUB O 3 199
1276 29th Street S.W. ~ ""'
Naples, FL 34117
Carol Ly~m B. Kendall
495 Galleon Drive (~ 4'~c''b''
Naples. LL 34102
,'~lichael G. Coe
4552 Eagle Key Circle . . } ~-~_.___
Naples, FL 34112 b(~
Thomas Masters
401 Pond Apple Drive . 5"U"~
Naples. FL 34119 L~
Thank you for your help.
'AGENDA ITEM
AUG D3 i999
pg._/O
MEMORANDUM
DATE: July 19. 1999
TO: Vince Cautero, Comaunity Development and Environmental Services Administrator
FROM: Sue Filson, Administrative Assistant
Board of County Commissioners
RE: Environmental Advisory Council
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Ashley D. Lupo
478 Echo Circle
Marco Island. FL 34145
David A. Roellig
6000 Pelican Bay Blvd.. #204
Naples, FL 34108
J. Richard Smith
380 Frangipani Avenue
Naples, FL 34117
Thomas W. Franchino
660 8th Street N., #6
Naples, FL 34102
James L. McVey
296 Monterey Drive
Naples, FL 34119
Ed Carlson
375 Sanctuary Road West
Naples. FL 34120
John P. Di Nunzio
1276 291h Street S.W.
Naples, FL 34117
Carol Lynn B. Kendall
495 Galleon Drive AUG
Naples, FL 34102
Michael G. Coe
4552 Eagle Key Circle
Naples. FL 34112
Thomas Masters
q401 Pond Apple Drive
Naples, FL 34119
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
AGENDA IT'M
No. /tel ~
AUG 03 1999
Pc:J .~
375 Sanctuary Road West
Naples FL 34120-4865
94 1-348-9143
]uh' 6, 1999
Sue Filson
Ad m in istra ti xe ,-\ssista nt
Collier County Board of Commissioners
3301 East Tamiami 'Frail
Naples FL 34112
Dear Nls. Filson,
Please accept this letter as my application for consideration on the
Environmental Advisory Con~mittee of Collier County. I have been a Collier
Counh: resident for over 25 years and a Florida resident 45 years. As you can see
from my resume I have the necessary qualifications for an appointment to this
co m m i ttee.
Thank you for your consideralion.
Sincerely,
Ed Carlson
South Florida Area/Xlanager
National Audubon Society AGENDA ITEM
No.
AU6 03 1999
,I
CURRICULUM V:!:TAE
JOHN EDW]:N CARLSON
South Florida Area Manager
National Audubon Society
EDUCATION:
B.A. Zoology, University of South Florida, 1973.
Graduate work in Wildlife Ecology, University of Florida, 1974.
POSITIONS:
1969 - Research Assistant, National Geographic Society study of avifauna of
northern Argentina.
1970 - Interpretlye Naturalist, Corkscrew Swamp Sanctuary. National
Audubon Society.
1971-1972 - Maintenance and wildlife warden, Corkscrew Swamp Sanctuary.
National Audubon Society.
1974-1977 - Research Assistant, National Audubon Society. Assisted with
ecosystem analysis of Corkscrew Swamp Sanctuary.
1977-1984 - Research Assistant, Ecosystem Research Unit, National Audubon Society.
Responsible for wildlife and land use aspects of Resource Inventory
and Analysis of the Big Cypress National Preserve, Designed and
produced a study of the impacts of off-road vehicles in the Big Cypress
National Preserve. Performed water quality monitoring network for Big
Cypress Basin.
1984-present - Manager/Biologist, Corkscrew Swamp Sanctuary, National
Audubon Society.
AWA R DS / C E RTI FI CATES:
Phi Kappa Phi Honor Society 1973
Rural Community Fire Protection Training Course 1977
Prescribed Burner Certificate 1987
Department of Environmental Regulation Class D Drinking Water Cart. 1987
Auxiliary Law Enforcement Officer 1989
Presidents Award for Excellence (National Audubon) 1991
Conservationist of the Year (Collier County Audubon) :1992
,--. Boating Safety Instructor 1993. - ..../~?F.:~iIL,)I~./
National Audubon ACE Award 1994 N
National Audubon ACE Award 1996 ' '
AU6 03 1999
,Pg:/---~ ...
ORGANZZATZONS/COHMZTTEES:
>Vice chair Corkscrew Regional Ecosystem Watershed (CREW)
Lano and Water Trust
>CREW resource management team
>Rookery Bay Management Advisory Board
>Florida Department of Environmental Protection
Ecosystem Management Area
>Task Force to restore Lake Trafford
>University of Florida Research and Education Center
Advisory Com m ittee
>Caloosahatchee Basin Water Management Advisory Committee
>Southwest Florida Water Management Focus Group
> Land Managers of Southwest Florida
> Member Association of Nature Center Administrators
PUBLZCATiONS:
Carlson, i.E. and N1.3. Duever, 1979 Seasonal fish population fluctuations in
a South Florida Swamp. Proc. 31st Ann. Conf. SE Assoc. Game and Fish
Commission. 31:603-611.
Carlson, 3.E., M.3. Duevet and L.A, Riopelle. 1980 Off-road vehicle impacts
in the Big Cypress National Preserve. Pages 347-386 in Proceedings of
Second Conference on Scientific Research in the National Parks, November
26-30, 1979, San Francisco. Volume 9. Human impact on natural resources,
human impact on natural resources/ORV's. National Park Service.
Carlson, 3.E, 1982. Preliminary report on the restoration of farmed
freshwater marshes of Corkscrew Swamp Sanctuary. Pages 212-227 in
Webb, F.3., ed. 1982 Proceedings of the Ninth Annual Conference on
Wetland Restoration and Creation. Hillsborough Community College, Tampa,
Florida.
Carlson, i.E. and M.J. Duever. 1983 The big cypress basin water qualib/
monitoring network. Final report to the Big Cypress Basin South Florida
Water Management District, Ecosystem Research Unit, National Audubon
Society, Naples, Florida.
Carlson, J.E. 1992 The Population Boom: Florida and Kenya. Pages 75-82
in P. Waak and K. Strom., eds. Sharing the Earth: Cross-Cultural
Experiences in Population, Wildlife and the Environment. National Audubon
Society.
Carlson, 3.E. 1993 Corkscrew Swamp Sanctuary; A Model For Surviving
Regional Development and Ecotourism. Pages 74-77 in 3.A. Bissonette and
P.R. Krausman., eds. :Zntegrating People And Wildlife For A Sustain-b!c
INA N
Future. The Wilderness Society. Bethesda, Maryland.
Duever, M.3., i.E. Carlson and L.A. Riopelle. 1975 Ecosystem analysis at
Corkscrew Swamp. Pages 672-725, in H.T. Odum, K.C. Ewel, J.W. Ordway
and M.K. 3ohnston, eds. Cypress wetlands for water management, recycling
and conservation. Center for Wetlands. University of Florida, Gainesville.
Duever, M..1., 3.E. Carlson, L.A. Gunderson, L.A. Riopelle and L.C. Duever.
1976 Ecosystem analysis at Corkscrew Swamp. Pages 707-785, in H.T.
Odum, K.C. Ewel, 3.W. Ordway and M.K. 3ohnston, eds. Cypress Wetlands
for water management, recycling and conservation. Center for Wetlands,
University of Florida, Gainesville.
Duever., M.3., 3.E. Carlson. 1978 Implications of grazing to management of
natural South Florida grasslands. Thirty-first Ann. Meeting. Soc. Range
Manage., San Antonio, Texas.
Duever, M.3., 3.E. Carlson, L.A. Riopelle and L.C. Duevet. 1978 Ecosystem
analysis at Corkscrew Swamp. Pages 534-570 in H.T. Odum and K.C. Ewel.,
eds. Cypress wetlands for water management, recycling and conservation.
Fourth annual report to National Science Foundation. Center for Wetlands,
University of Florida, Gainesville.
Duever, M.3., 3.E. Carlson, L.A. Riopelle, L.C. Duever and 3.F. Meeder. 1979
Ecosystem Research Department 1978 Annual Report. Tavernlet, Florida.
Duever, M.3., 3.E. Carlson, 3.F. Meeder, L.C. Duevet, L.H. Gunderson, L.A.
Riopelle, T.R. Alexander, R.F. Meyers and D.P. Spangler. 1979 Resource
Inventory and analysis of the Big Cypress National Preserve. Final report to
the National Park Service Ecosystem Research Unit, National Audubon
Society and Center for Wetlands, University of Florida, Gainesville. 1225 pp.
Duevet, M.3., 3.E. Carlson, L.A. Riopelle, L.C. Duever and 3.F. Meeder. 1980
Ecosystem Research Unit. Pages 59-95 in National Audubon Society
Research Department 1979 Annual Report. Tavernlet, Florida.
Duever, M.3., 3.E. Carlson and L.A. Riopelle. 1981 Off-road vehicles and
their impacts in the Big Cypress National Preserve. Final report to the
National Park Service. South Florida Research Center, Everglades National
Park, Homestead, Florida. Report T-614. 214 pp.
AUG 03 1999
2~2-J,81~ (OOD) 23'3'-~14,1
(941) 262-am55
AU~ O 3
JUN 24 1999 11:28 FR TO ??43602 P.02/03
Michael G. Cos
4S52 Eagle Key Circle
Naples, F1 34112
(O) 262-1818
(H) 732-0625
LIEUTENANT COLONEL MICHAEL G. COE USMC (RET)
Lieutenant Colonel Michael G. Cos was born on June 5, 1944 in
Abilene, Texas. Me enlisted in the Marine Corps in 1966, Graduated
from Boot Camp and was assigned to Camp Lejeune, N.C. After
several promotions and cruises aboard Navy Ships, he was selected
to attend Officer's Candidate School and graduated in 1967.
Followin9 completion of the Basic Officers School at Quantico,
V.A., he was assigned as an Infantry Platoon Commander with 1st
Battalion, 7th Marines, Republic of Vietnam in Jan 1968. Tours of
duty included Company Commander, Executive Officer and various
staff positions. Upon his return to the USA in February 1969, he
was assigned as a Company Commander with 2nd Bn 28th Marines at
Camp Pendleton, Ca.
In 1970, he was selected to complete his degree at Texas A&M
University and graduated in 1971. Transferred to Quantico, Va.,
captain cos became a Company Commander at Officers Candidate
School and subsequently attended Amphibious Warfare School.
Captain Cos later served as the Commanding Officer, Marine
Detachment USS Forrestal (CVA59) from 1972-1974 and then was
reassigned as a recruit Commander at Parris island, S.C. Promoted
to Major in 1978, he was assigned to Language School Motterry,
Calif and on to Thailand as the Marine Advisor to the Thai Marine
Corps. He was the first US Marine to attend the Thai Parachute
Course and subsequently earned his Navy/Marine Parachute wings at
age 36. He returned to Caxap Lejeune, N.C. and served as the
Executive Officer and Commanding Officer of 2nd Reconnaissance
Battalion prior to promotion to Lieutenant Colonel in 1981. After
over 15 years as a Commander, he was assigned a staff position
with 2nd Marine Division and sent to Norwegian Ski School and Cold
weather training at age 38. Lieutenant Colonel Cos was then sent
in 1983 to the European Command as a Liaison Officer with the
Multinational Forces where he worked with the American Embassy
Staff, Ambassador Mabib, and the international community during
the Israeli-Palestinian-Lebanese-Syrian Crisis. He was in the
American Embassy when it was bombed in April 1983, and
subsequently returned to Camp Lejeune where he completed his tour
as Executive Officer, Infantry Training School and a member of the
General Staff. He retired in February, 198~ with 23 Years of
service.
Lieutenant Colonel Coe's personal decorations include the Silver
Star, two Bronze Stars with combat 'V', Purple ~earts, Defense
Meritorious Service Medal, Navy Commendation Medal, Joint Service
Commendation Medal, Joint Service Achievement M-~NDA~M '
AUG D3 1999
Achievement Medal, order of the Cedar (Foreign Award-Lebanon),
Drill Instructors Ribbon, Marine Security Guard Ribbon,National
Defense Service Medal, Vietnam Service Medal with 5,, Vietnam
Campaign Medal, Republic of Vietnam Cross of Gallantry with palm
and frame, Presidential Unit Citation w/,, Naval Unit Citation,
Meritorious Unit Citation w/2*, Letters of Appreciation (10
Awards), Certificates of Commendation (2 Awards), Republic of
Viethat. Meritorious Unit Citation, Combat Action Ribbon w/*,
Marine Corps Expeditionary Medal, Overseas Ribbon, and Navy ArCtic
Service Ribbon. He is authorized to wear both the Royal Thai
Navy/Marine parachute devices and the USN/USMC parachute devices.
Lieutenant colonel Coe is a graduate of Texas AaM University in
EcOnomics/History and has a Masters Degree from Pepperdine
University. He has been a Financial Advisor with Prudential
Securities for over 7 years, and resides in Naples, Florida. His
wife,Commander Priscilla Coe, DC, USNR is Commanding Officer,
Company B, Fourth Medical Battalion, 4th Force Service Support
Group, 4th Marine Division located in Orlando, F1. She was the
recipient of the Admiral Vaughan award, signifying excellence as
the top Naval Reserve Dentist for 1996. She has a Private Dental
Practice in Naples. Lt. Colonel Coe has three children; Captain
Richard Coe, USAF with an F-15 Fighter/Bomber Squadron currently
located in Italy where he has been bombing Kosovo. His wife and
son reside in England and await his return. Michele, who works for
INTEL Corp in Folsom, California; ~nd Andrew, who works for
National Community Development Corporation and is currently
located in Massachusetts where he raises money for non-profit
organizations.
AUG 03 1999
TOTAL PAGE.03 ~
John P. Di Nunzio
1276 29~h Street S.W.
Naples, Florida 34117 ~~/ll)
e-mail jpdinunzio@cwix.com
941-455-9438 JUL 0 9 1999
k~rd .,, haiV r, em~~s
1 July 1 ggg
Sue Filson
Collier County Board of Commissioners
3301 Tamiami Trail East
Naples FL 34112
Dear Ms Filson,
I wish to apply for one of the openings on the Collier County Environmental Advisory
Committee.
I have been involved in environmental issues in and around Collier County since 1972,
stating with the formation of the Big Cypress National Preserve.
I have been a full time resident of Collier since 1981, when I moved here from Dade,
At that time I lived off State Road 29 and my property's west line was shared with the
Fakahatchee Strand State Preserve.
In 1983 I rounded the Collier County Conservation Club to address sportsmen's issues
in Collier and the State. I served as it's President for 5 years, when I assumed the
position lhold now, Media/Legislative Liaison.
I have helped formulate plans and goals for the Florida Panther National Wildlife
Refuge, Stakeholders Committee and served over a year as Chair of the Friends of the
Florida Panther Refuge. I have participated in the Stakeholders Committee, Florida
Panther Recovery Plan Revision Process, sponsored by the U.S. Fish and Wildlife
Service.
I have been a delegate to the Everglades Co-ordinating Council for 17 years and the
Alternate Delegate to the Everglades Coalition. The Florida Wildlife Federation named
me the "Outdoorsman of the Year, 1998", and this year I have been nominated to be a
District Director. I am a hunter and fisherman and I appreciate our unique outdoor
heritage.
""', I have been a frequent contributo~ in the Naples Daily News, Letters to the Editor about
environmental issues. I also broke the story in the Naples Daily Ne ,;'9 ~-,~)3b~r, ffa'tf"'
digging of the cana;s on the then under construction Alligator Alley. No .7Z~_¢:~.,_
A u a e 3 1999
...... % ....... r .
^ ""' ....... "'~-~'~ ~' ,+ with FDOT negating the need for a lawsuit, holding up
construction of the highway, or great expense to the taxpayer.
I am an "average" person. I am not a developer or large landowner. I work in a white
collar capacity as an office manger. Educationally I am a graduate of Miami Dade
Community College, with AA degrees in History and English. I have had continuing
education with the Federal Highway Administration, for Bridge Inspection, both In-
Service and Construction. At one time, I was certified as an Emergency Medical
Technician. And presently I am Certified by ASE as an Auto Parts Specialist.
I believe that there should be a balance struck between growth and preservation. I do
not believe that every proposal brought forth by either developer or "environmentalist"
is a good idea. Some of the environmental proposals I have heard violate
Constitutional protections, and some proposals from developers offend good sense.
I believe I can advise Collier County in its environmental decisions by bringing a
moderate influence to the board. I believe I can fairly judge a proposal on it's individual
merit, and not be swayed by rhetoric pro or con.
AUG 03 1999
LAW OFFICE OF
THOMAS W. FRANCHIND. P.A.
1250 NORTH TAN'IIAIvH TRASL
NAPLES. FLORIDA
TELEPHONE (94~) ~63-8357
· JUL 0 ? 1999
July 2, 1999
Board of County Commissioners
3301 E. Tamiami Trail
Naples, FL 34112
Attn: Mrs. Sue Filson Administrative Assistant
Re: Environmental Advisory Council
Dear Collier County Commissioners,
Please consider this letter as my application for appointment to the Environmental
Advisory Council. I have been a continous full time resident of Collier County since 1986 and
have been a visitor and pan time resident since 1972. I have a strong interest in land use matters,
and specifically environmental issues.
1 believe I am eligible for appointment as either a non-technical or a technical member of
the Environmental Advisory Council. I am an attorney at law licensed to practice law since 1982.
I have been licensed and have practice law in Naples since 1987.
A substantial portion of my practice of law in Collier County has previously been in the
area of Land Use Law. I will refrain from practicing in the area of Land Use Law if I am
appointed to the Environmental AdvisoD,., Council as to avoid any appearance of conflict of
interest.
I would feel privileged if I am chosen by you to serve the Environmental Advisory
Council.
Thank you for >'our attention to this request.
Sincerely,
F7""'Thomas W.
AUG O3 1999
THOMAS W. FRANCHINO
THONIAS W. FRANCHINO, P.A.
1250 TAMIAMI TRAIL NORTH SUITE 106
NAPLES, FLORIDA 34102
(941) 263-8357
EDUCATION: University of Kansas School of Law, Lawrence, Kansas (J.D., May 1982);
University of Illinois, Champaign/Urbana, Illinois (B.A., May 1975)
Major - political science Minor ~ psychology
PROFESSION.AL
EXPERIENCE: June 1998- present Shareholder
Law Office of Thomas W. Franchino, P.A., Naples, Florida
June 1995-May 1998 Shareholder
Franchino & Rawson, P.A., Naples, Florida
June 1992 - June 1995 Shareholder
Lehman, Franchino, & Rawson, P.A., Naples, Florida
March1988 - May 1992 Associate and Shareholder
Siesk3, and Lehman, P.A., Naples, Florida
August 1982 - November 1986 Staff Attorney
Mid-Minnesota Legal Assistance, Inc., Minneapolis, Minnesota
Janua~ 1982 - May 1982 Student Director
Douglas County Legal Aid Society, Lawrence, Kansas
AREAS OF
PtL~_CTICE: General Civil Practice with emphasis in litigation, appeals, eminent domain,
land use, creditors' rights and remedies.
L1CENSLrRE: State of Minnesota (October 1982)
U.S. District Court - Minnesota (January 1983)
State of Florida (October 1987)
U.S. District Court - Middle District of Florida (July 1988)
U.S. Court of Appeals - Eleventh Circuit (September 1993)
FROM Bowie DMFE g41 775 0010 07-16-gg 04:31PM TO 7743582 :25 P.1/2
RAYMOND J. BOWIE, ESQ. 900 s x-m
NAPL~, F~RiDA 34~ 02
A~ORNEY A~ LAW (941) 43~1007 FAX: (941) ~21
CAROL LYNN B. KENDALL
July 15, 1999
Mrs. Sue Filson
Administrative Assistant
Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Re: Environmental AdvisoU Council
Dear Mrs. Filson, '
I am seeking ap~intm¢nt ~o membership on tl~e Co115¢r County Environmemal Adviso~
CounciI. I am not cubearly a m~mber of any county adviso~ board, aRhough I do sit as a
Cily of Naples representative on ~he Ciiy/County Beach Adviso~ ConuniItcc.
I have been active {n the local environmental community since 1997, and am curt'early on
~he Board o~ DirccDrs of the Cypress Chapter
Conse~ancy, Save the Bays, ~d Collier County Audubon Socie~, 1
Florida Shore & Beach Prese~mion Association, ~e Nature Conse~ancy, and the Sierra Club.
Professionally, I am employ~ by ~e law tim of Raymond J. Bowie, Esq., speciali~ng
in real estate law. I have al~ been professionally trained in coastal zone management,
enviror. mental law,/:edeml and Florida statuto~ ~rmitting and environmental protection, and
land use planning law. I have had additional academic training in urban and regional planlag and
~ssisted in the development of murbg rcdevelopment plan for the City of Raleigh, North
Carolina.
I have also enclosed a resume as additional background material.
The Environmental Advisory Council serves ~m impo~nt function in the development
Collier County and I believe I will be able to m~e a significgt ~d intbrmed contribution as one
of its mem~rs.
I appreciate the consideration of the Board of Coumy Commissionera of my application-
Sincerely,
Pg
-.,~u ?.-~ie DMFE g~l 775 8010 07-16-~g 04:32PM TO 7743802 :25 P,2/2
CAR OL LYNN BENSON KENDALL
495 Galleon Drive, Napl~, Florida 34102 (941) 434-9239
Educatior.:
· J.D., T.C. Willjams School of Law, University of Richmond, Richmond, Virginia,
January 1997 (Specialty: Trial Advocacy; Environmental & Land Use Law)
· Florida Bar Examination (passed, February 1997); MERE (passed, March 1997)
· M.A,, Film, _College of Communications, Boston University, Boston, Mass., 1984
· B.A., International Relations, Goucher ColIege, Towson, Maryland, 1967
Honors: ",.
· Trial Advocacy Competition, Virginia Trial Lawyers Association
- Highest Individual Score 1994
Work
Experience: .LE{ aL Rssocz,qrK: 'Ray/no,oh "go,a,
· Producer, Neighborhood Network News, CaNe Channel 3, Boston
- Member of NNN initial program development team
- Responsible for daily program content, -script review, and program production
- Conducted training sessions on FCC regulations, libel law, 1st Amendment
- Responsible for all stuffing: created a system of job-sharing to maximize
employment availability m~d efficiency at minimum cost
· Lecturer - Boston University, College of Communications
- Television production, broadcast journalism, film design, film production
· Public Relations and Marketing Consultant - Specialized in marketing and advertising strategies for small business
- Directed and formulated business re-organization and efficiency restructuring
· Congressional Aide - U.S. Congressman Cornelius Gallagher - Assistant Campaign Manager
- Responsible for constituent relations
AuxiliamJ Work
Experience:
· Licensed Mediator, Commonwealth of Virginia, pending
· Representative to Naples City Council and Collier County Commission for - Izaak Walton League
- Collier County Audubon Society
- League of Women Voters,
· Beach Renourishment Committee, City of Naples, Florida, 1990-91, current
· Candidate for Naples, Florida, City Council, 1990
Community
and Civic Activities:
· Collier County Republican Executive Board: Precinct Committeewoman, current
· Women's l~epublican Club of Naples, Federated: Board of Directors; 2= ~d V. ~/k'G~ ITEbl ........
· Shelter for Abused Women: Associate Board of Directors, 1989-91 No ·
· Save the Bays (Naples, Florida): Board of Directors, 1990-92
LA~' OFFICES OF FREDERICK C. KRAMER
Suite 201 · SunTrust Building · 950 North ColLier Boulevard
~ Marco Island, Florida 34145
1crick C. Kramer Telephone (9413 394-8192
Clifton W. Sherrili Facsimile (9413 642-0006
Stephen R. Ostrow* E-Mail milaw~wotldnet.att.net
Ashley D. Lupo July 16. 1999
Beth B. Woods
· Also Admitted m New Ye~k
Mrs. Sue Filson
Adr:m~Zstrat:\ c Assistant JUk 16 Lo99
Board of County Commissioners
3301 E. Tamiami Trail
Naples, FL 34112
Re: Environmental Advisory Council
Dear Mrs. Filson.
Please accept this letter and resume as my application for a position on the EnvironmentaI
Advisory Council to the Collier County Board of Comn~issioners.
I am presently an attorney on Marco Island, where I am employed at The Law Offices of
Frederick C. Kramer. Most of my educational background has centered around environmental 5sucs. I
recc:vcd a B.A. with honors from the University of Miami, where I majored in Marine Affairs. which is a
""' n!aj,_n' ~r, .XI~:rinc B~olo~y with graduate courses taken in environmental policy matters. These included
Ocean Po!icv. Coaslal Policy, Environmental Pollution and other such issues. Additionall}'. I worked at
tlnc I~osc'.:s:icl School of Marine and Atnmspheric Sciences in the Marine Geology and Geophysics
Departn~cnt.
Upon graduation from the University of Miami. I entered law school with the intent of pursuing
a career in environmental law. To this end, I took numerous courses revolving around the laws of land
use and many environmental issues. In Miami, I worked in a law finn and primarily handled CERCLA
and RCRA !itigation. Additionall3'. I handled land use issues revolving around the Palm Coast area.
NIx-knoxvledge of pollution control includes not only my background in hazardous toxic waste.
as ~t pertains to CERCLA and RCRA, but also as it pertains to the Clean Air Act and the Clean \Vater
Act. Additionally. prior to moving to Miami, I studied Wildlife Management in Charleston, South
Carolina. At this time. I also worked for an environmental research organization doing water testing for
pollution control.
I believe my background in the legal and technical aspects of the environment qualifies me for a
position on the Environmental Advisor,y Council to the Collier County Board of Commissioners. I am
cxtremcN excited about this opportuni~'. and I will be committed to the Council should you appoint me.
Thank you for your time and consideration.
Very truly yours,
/ AGENDA iTEM
r"~No-
Ashley D. Lupo bUG 12 3 I999
·
ASHLEY DUNBAR LUPO
470 izcno Circle
Marco Island, Florida 34145
(941) 389~1483 (home)
(941) 394-8192 (work)
EDUCATION:
University of Miami School of Law, Coral Gables, Florida
Juris Doctor, cam laude
La\v Review
Relevant Courses: Environmental Law, Coastal La~v, Land Use, Nuclear Law,
\\'ater Law, Law of the Sea, Marine Ecology and the Law, CERCLA and RCRA.
Pace Environn~ental Moot Court Competition, Pace University
YIaritime Lax,,' Society: President and Treasurer
University College London. London, England
La\v Program
University of Nliami, Coral Gables, Florida
Bachelor of Arts, Marir~e Affairs v,'ith honors
Scientific background in Nlarine Biology with an emphasis on
EI~viroI~I33cl~tal Policy and Economics.
University of XVollongong. Wollongong, Australia
Coastal Geonmrphology'
RELEVANT ENIPLOY~IENI:
Law Offices of Frederick C. Kramer, Marco Island, Florida
Associate Attorney
Prepare state and federal cases for litigation in areas of commercial litigation, land
use and employment law.
Goldstein and Tanen, P.A., Miami, Florida
Prepared state and federal cases for litigation by composing pleadings, memoranda
of law and briefs in the trial and appellate phases in areas oK complex enviro~3ental
litigation, CERCLA, RC~X and land use.
Rosenstiel School of Marine and Atmospheric Sciences, Ke} Biscayne, Florida
Department of Marine Geotogy and Geophysics.
Studied and mapped atoll formations for oil.
Harborwatch and the Harmony Project, Charleston, South Caroli
Intem
Perfommd scientific tests for an environmental research organizatio~
June 28, 1999
Mrs. Sue Filson, Administrative Assistant
Board of County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
Re: Environmental Advisory Council
Dear Mrs. Filson:
Please accept this letter in application for a position on the Environmental Advisory Council. As
a resident of Collier County since 1978 and a registered Professional Engineer in the state of
Florida since 1991, I can provide expertise related to Coastal Processes, Estuarine Processes,
Stormxvater Management, Water Resources and Land Use Planning to this Council. I currently
sep~,e on the Development Services Advisory Committee and am employed by Vineyards
Development Corporation as Director of Engineering. Enclosed is my resume providing
additional professional detail.
Please do not hesitate to contact me if you have any questions or need any additional information.
Thank you for >'our consideration.
Sincerely,
Thomas Masters, P.E.
Director of Engineering
q' 4/ o I/D~ rtc( /~k~ t ~ F'3 r,
?
, "" AGE~DA '
IF__".,
Vineyards Development Corporation AUG O 3 1999
98 Vineyards Boulevard
Naples. FL 34119 ~
(941) 353-1551 · Fax: (941) 455-5057 1:>9. _
THOMAS C. MASTERS, P.E.
EDUCATION
Florida Institute of Technology, B.S. Ocean Engineering, Honor Graduate 1986.
Lely High School, Naples, Florida, 1981.
PROFESSIONAL AFFILIATIONS
Professional Engineer,/144735, State of Florida, 1991.
American Society of Civil Engineers
Florida Shore and Beach Preservation Association
WORK EXPERIENCE
DIRECTOR OF ENGINEERING
February 1998 to Present: Vineyards Development, Inc., Naples, Florida.
Responsibilities include coordinating the overall engineering, planning, permitting,
construction and maintenance of all Vineyards projects. Additional responsibilities
include architectural review and engineering input for the Vineyards Community
Association.
PRESIDENT
October 1991 to February 1998: Founder of TMA Consulting, Inc., Naples,
Florida. Responsibilities included design and management of civil and coastal
engineering projects in Southwest Florida. This included site development, project
cost analysis, storm water management and permitting at the state and local level.
Specialties included hydrographic studies as well as the design, permitting and
construction management of coastal projects.
V~nE DRrSIDFI~T
September 1993 to March 1996: Amaxus Incorporated, Naples, Florida.
Cofounded this start-up service company. Management duties included
development and implementation of services, production of marketing materials,
placement and production of television advertising, computer network expansion,
software development, corporate finance and personnel (12 employees.)
STAFF ENGINEER
April 1986 to July 1991: Coastal Engineering Consultants, Inc., Naples, Florida.
Responsibilities included design, permitting and construction observation of coastal
and civil projects. Special experience relating to beach nourishment includes
computer analysis of beach profiles, wave refraction and diffraction modeling,
terminal structure design and management of field data collection. Speci~
experience relating to marine facilities includes environmental studies, ba., n/sliCtGENDA ], .,,1"
design, dredge spoil disposal, computer modeling of flushing characteristi s a~'~,/ O C ~-_
the design of upland marina facilities.
AUS 03 1999
Juk 'cVEY
Ju]v 6. t 999
Mrs. Sue Filson
Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Re: Environmental Advisory Council
Dear Mrs. Filson,
Please consider my application for a position on the Environmental Advisory Council. I
believe my experience in dealing with the issues and my concern with the quality of life
in Southwest Florida will allow me to provide sound leadership as part of the council.
My resume is attached for your review.
Sincerely,
Y
' A~ENDA iTEM
TELEPHONE (941)593-3777 * FACSIMILE (941)593-3477 AUG ~ 3 1999
5405 PARK CENTRAL COURT · NAPLES. FLORIDA 34109
Resume of James L. McVey
James was born and raised in Houston, Texas. He is a 1979 graduate of Texas A&M University with
a degree in business management. Soon after graduation, James began his construction career with
Tribble and Stephens General Contractors of Houston. After gaining field experience as field
engineer and assistant superintendent, he was moved to the office to take on estimating and project
management duties. Projects James worked on included office buildings, retail facilities such as
shopping centers, industrial projects, medical facilities, etc. James left Tribble and Stephens in 1985
as a vice president to join the development firm of Birtcher Wadsworth. As Vice President of
Construction, James developed the construction department to complete the projects initiated by the
development side of the company.
In 1987, James accepted a position as project manager/estimator for Pointe Builders of San Diego,
California. Some of James' major projects included a community shopping center, a 179 room Best
Western Motel and the Solona Beach Inn Suites project.
After San Diego, James worked as a project manager/estimator for Boran Craig Barber
Conslruction Co. of Naples, Florida from 1989 to 1995. He constructed retail and medical, office
buildings and condominium projects up to 30 million dollars in contract value.
In 1995 James joined forces with Todd Gates to form the General Contracting firm of Gates McVey
Builders, Inc. In a short 4 year period this company has grown to become the premier construction
company in southwest Florida-
James is on the board of directors for the YMCA - Collier County and is a member of the Florida
Con~rvation Association, Naples and Bonita Springs Chamber of Commerce, Collier Builders
Industry Association and Vanderbuiit Presb.~lerian Church.
15
July 12, 1999
Ms. Sue Filson, Administrative Assistant
Collier County Commission
3301 U.S. 41 E
Naples, Florida 34112
Dear Ms. Filson:
This letter is in response to the request for applicants for membership on the
Environmental Advisory Council.
Enclosed is a copy of my resume and I would like to be considered for service on this
Council. I have nearly 30 years experience with the Army Corps of Engineers; the major
portion of my Corps' career involved work in coastal processes, along with ground water
studies and hazardous and toxic waste clean up. I am a full time resident and an elector
of Collier County.
I am currently serving on two county advisory committees, Pelican Bay Advisory
Committee and the City/County Beach Renourishment Advisory Committee. I
understand a waiver by the Collier County Commissioners is required to serve on more
than 2 County advisory committees. If a waiver were not provided, I would prefer to
remain with my current appointments.
Sincerely,
~avid A. Roellig
6000 Pelican Bay Blvd. #204
Naples, Florida 34108
(943) 594-221 0
AGENDA ITEM
AUG 03 1999
RESUME
Name: David A. Roellig
Birthpl/yr: Detroit, Michigan, March 17, 1938
Education: B.S., Geology, Wayne State University
Registration: Professional Geologist, Florida License #729
Prior Experience:
May, 1996 to January, 1981. Detroit District, U.S. Corps of Engineers,
responsible for numerous coastal shoreline and navigation studies many of which have
been authorized and constructed. Served as District Coastal Zone Management
Coordinator and on subcommittees of the International Joint Commission and the Great
Lakes Basin Commission.
January 1981 to September 1990. Division Geologist for the North Central
Division, Corps of Engineers, Chicago, Illinois. Provided consultation and guidance in
the fields of engineering geology and coastal engineering to our subordinate district
offices. The area of responsibility included the U.S. portion of the Great Lakes as well as
the upper Mississippi River Basin. Also served as the Division Research and
Development Coordinator and as a member of the International Joint Commission's
Council of Great Lakes Research Managers.
September 1990 to May 1994. Geologist for the Headquarters, Corps of
Engineers, Directorate of Civil Works, Washington D.C. Provided engineering geology
consultation to all elements of the Corps of Engineers. Technical proponent of geology
related training courses. Headquarters technical monitor of the Corps' coastal geology
R&D. Provided guidance and oversight of civil works program development, and
execution for a broad range of water resource and conservation projects.
May 1 994 to January 1998. Took early retirement, performed volunteer work
and relocated to Florida in mid-1996.
January 1998 to present. Appointed to the Pelican Bay Advisory Board and also
serves as chairman of the Clam Bay Restoration Subcommittee of the Board.
June 1999 to present. Appointed to the City/County Beach Renourishment
Advisory Committee.
Professional Affiliations:
Member, Association of Engineering Geologists
Member, Florida Shore and Beach Association
Address: 6000 Pelican Bay Blvd. #204, Naples, Florida 34108
Telephone: (941) 594-2210 ....
AUG 03 1999
L4W OFFICE~V
a. RICHARD SN!ITH
Golden Gate Estates
21 GOLDEN GATE BOt'LEI 7110 EAST
.X24PLES. H~OIUD. I 34120
Golden (,.qtc Estates t'hone (941) 455-5020
Fax' (941j 455-1971
Sue Filson, Administrative Assistant
Board Of CounW Commissioners
3301 Tamiami Trail East
Naples FI 34112
Re: Application lbr position on the Collier Count5' Environmental Advisory
Council
Dear
Please consider this my application to serve in the above position. I have been a
South Florida resident since 1955 and a Collier County resident and elector since
t 980. Enclosed is a brief resume.
Thank you very much.
Sincerely,
J. R~chard Smith
AIJ6 123 1999
RESUME
J. Richard Smith
21 Golden Gate Boulevard East
Naples. Florida 34120
(941) 455-5020
CURRENT COM~,IUNITY INVOLVE~'IENT:
Golden Gate Estates .Area Chamber Of Commerce, Board of Directors
Golden Gate Estates Area Civic Association, Vice President
EDUCATION:
1957 TO 1961
St. Thomas Aquinas High School
Ft. Lauderdale, Florida
1961 to 1965
University of Florida
B.A, political science 1965; J. D., 1968.
1977 to 1978 and 1986 to 1987
Florida Atlantic University
Graduate study emphasized local and urban government
AGENDA iTEM
No.
AUG 03 i999
~,~
? EXECUTIVE SUMMARY
APPOINTMENT OF MEMBER(S)TO~ONE MEMBERTO THE COLLIER COUNTY
CONLNrGNITY HEALTHCARE,~AD HOC COMMITTEE
OBJECTIVE: To appoint one member to serve as an insurance representative.
CONSIDERATIONS: This 28 member ad hoc committee was established by Resolution No.
99-257 on May 11, 1999, to review existing health care systems in Collier County to determine if
adequate access and health care is available to all of the residents of Collier County and, if not, to
recommend actions that might be taken to address any lapses in access or coverage. An at-large
member is someone who has an interest in health care and health care access.
A list of the current membership is included in the backup.
A press release was issued soliciting members from the insurance field and one resume was
received from the follo~ving interested citizen:
APPLICANT CATEGORY DIST ELECTOR ADV. COMM.
Stephen F. Rasnick Insurance Representative 2 yes none
COMMITTEE RECOMMENDATION: Staff has indicated that Mr. Rasnick is qualified
to serve as an insurance representative on the Collier County Community Health Care Ad Hoc
Committee.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the request for
appointment and appoint one member to the committee and direct the Count>' Attorney to
prepare a resolution continning the appointments.
Prepared By: Sue Filson, Administrative Assistant
Board of County Commissioners
Agenda Date: AUGUST 3, 1999
.... | .VVi_~Fax PRO Cover Page ~ ...
MESSAGE:
AU6 03 1999
'7/,7-,r, / '~'i
JUL-26-1999 08:40 P. ~2
.lVlbMUF, A..INJJUM
DATE: July 20, 1999
TO: Dr. Charles Konigsberg, Jr.
Collier County Health Director
ty
RE: Collier County Community Health Care Ad Hoc Committee'
As you know, we curren~y have a vacancy represehting the insre'ante field on the above-referenced
advisory committee. A press release was issued requesting citizens interested in serving on this
committee to submit a resume for consideration. I have attached the resumes received for your
review as follows:
Stephen F. R.asnick
1021 Spanish Moss
Naples, FL 34108
Please let me 'know,/n writing ,~ithin the 41 day time-frame, if the applicants are qualified to
serve as members on the board, and I will prepare an executive smnnm~ 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 anention to this matter.
SF
Attachments / /
AUG 03 1999
P~.
TOTAL
MEMORANDUM
DATE: July 20, 1999
TO~ ~
Vinell Hills, Elections Office
FROM: Sue Filson, Administrative Assist
Board of County Commissioners
R_E: Voter Registration - Advisory Board Appointments
The Board of Count>' 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.
C.C. COMMUNITY HEALTH CARE COMMITTEE COMMISSION DISTRICT
Stephen F. Rasnick
1021 Spanish Moss
Naples, FL 34108
Thank you tbr your help.
1999
Coiiier County Community Health Care Ad Hoc Committee
Work Pitone Appt'd Exp. Date Term
.~'alne Home Phone DateRe-appt 2ndExpDate 2nd Term
/Xlr. Timothy J. Gillerr 06/22/99 05/11/00 I Year
Citizen Representative
3230 Bermuda Isle Circle, #1028
Naples, FL 34109
District: 2
CategoO': At-Large
Mr. Dartell E. Ward 262-7600 6/22/99 05/11/00 1 Year
Citizen Representative
3150 LaCosta Circle, #203
NapIes, FL 34105
District: 2
Category: At-Large
Mr. Manhew Levine 6/22/'99 05/11/00 1 Year
Citizen Representative
6610 Cuttv Sark La.ne
Naples, FL 34104
District: 3
CategoO': A t - L arg e
NIr. Thomas G. Schneider 6/22/99 05/11/00 I 'Fear
Greater Naples Civic Association
704 Turkey Oak Lane
Naples. FL 34108
District: 2
CaregoD': GNCA
Sister Judy Dohner 6574361 6/22/99 05/11/00 I Year
Immokalee Representative
1006 New Market Road West
Immokalee. FL 34142
District: 5
Category: Immokalee
Tuesday, July 20, 1999 Page 1 of 7 NO
AUG 133 1999
Collier County Community Health Care Ad Hoc Committee
Worl~ Phone Appt'd Exp. Date Term
Na,te Home Pitone DateRe-appt 2ndExpDate 2nd Ter, t
Mr. Ed MorDn 06/22/99 05/11/00 1 Year
Naples Community Hospital
P.O. Box 41.3029
Naples, FL 34101
District:
Category: Health Care Representative
Dr. HarD: Moon 06/22/99 05/11/00 1 Year
Cleveland Clinic
3000 \V. Cypress Creek Road
Ft. Lauderdale. FL 33309
District:
Category: Health Care Representative
Dr. Hermes Koop 06/22/99 05/11/00 I Year
Collier Count>: Medical Society
800 Goodlette Road. North. ~200
Naples, FL 34102
District:
Category: Health Care Representative
Ms. Dorothy Campbell 06/22/99 05/11/00 1 Year
Senior Friendship Center
811 7th Avenue South
Naples, FL 34102
District:
Caregot3': Health Care Representative
Dr. William Lascheid 06/22/99 05/11/00 1 Year
Neighborhood Health Clinic
P.O. Box 8087
Naples, FL 34101
District:
Category: Health Care Representative
Tuesday, July 20, 1999 Page 2 of 7
AUG [~ 3 ~9,99
.... ~
Collier County Community Health Care Ad Hoc Committee
~i~r~' Phone Appt'd E. xT~. Date Term
]Vattic Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. David Schimmel 06/22/99 05/11/00 1 Year
David Lawrence Center
6075 Golden Gate Parkway
Naples, FL 34105
District:
Category: Health Care Representative
Ms. Elaine \Vade 06/22/99 05/11/00 I Year
Florida Nurses Association
76 4th Street North
Naples, FL 34102
District:
Category: Health Care Representative
Dr. Donovan Baumganner, 06/22'99 05/11/00 1 Year
Retired Physicians Association
506 Wedgewood \Vay
Naples, FL 34119
District:
Categon.': Health Care Representative
Mr. Richard Akin 06/22/99 05/11/00 1 Year
Collier Health Sen'ices, Inc.
1454 W. IMadison
Naples, FL 34142
District:
Category: Health Care Representative
Ms. Susan Bello 06/22/99 05/11/00 1 Year
Collier Countv Medical Alliance
451 Flamingo
Naples, FL 34108
District:
Category: Community Representative
~UG ~3 1999
Pg-.
Collier County Community Health Care Ad Hoc Committee
Work Phone Appl'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Randv E. Nlerrill 06/22/99 05/11/00 1 Year
Heahh & Human Services Board
4501 9th Street North
Naples. FL 34102
District:
Category: Community Representative
Nlr. :-Xllun Hamblett 06/22/99 05/11/00 I Year
Collier Count.',' Public Schools
3710 Ester Avenue
Naples. FL 34104
District:
Category: Community Representative
Ms. Anne Campbell 06/22/99 05/11/00 I Year
League of \Vomen Voters
660 9th Street North. #35B
Naples, FL 34102
District:
CaregoD': Community Representative
NIs. Dorothy Fitch 06/22./99 05/11/00 1 Year
League of \Vomen Voters/Alternate
660 9th Street North. #35B
Naples, FL 34102
District:
Categon.': Community Representative
Mr. Ron Burris 06/22/99 05/11/00 1 Year
Health Planning Council of SW Florida
9250 College Parkv,'ay, Suite 3
Ft. Myers. FL 33919
Distr[ct:
Category: Advisor
Tuesday, Jul)' 20, 1999 Page 4 of 7
~UG O 3 ~999
Collier County Community Health Care Ad Hoc Committee
Work Phone Appl'd E.xT~. Dale Term
Name Home Phone DateRe-appt 2ndExpDate 2rid renn
Ms. MaD' Cooper 06/22/99 05/11/00 I Year
Mental Heahh Association
_: : > 9th Street North. Suite 404
Naples. FL 34103
District:
Categor3': Advisor
Dr, Charles Konigsberg. Jr. 06/22/99 05/11/00 1 Year
Collier County Heahh Deparm~ent
P.O. Box 429
Naples. FL 34106
District:
Category: Advisor
262-6376 06/22/99 05/11/00 I Year
Greater Naples Chamber of Commerce
3620 Tamiami Trail North
Naples, FL 34103
District:
Category: Community Representative
263-8989 06/22/99 05/11/00 1 Year
Economic Development Council
3050 N. Horseshoe. Suite 120
Naples, FL 34104
District:
Categon.': Community Representative
590-1000 06/22/99 05/11/00 I Year
Florida Gulf Coast University
19501 Tree Line Avenue. South
Ft. Myers, FL 33965
District:
Category: Community Representative
AUG 03 ~999
Collier C, ounty Community Health Care Ad Hoc Committee
Work Phone Appt'd Exp. Date Term
Na?ne Home Phone DateRe-appt 2ndExpDate 2nd Term
06/22/99 05/11/00 1 Year
Florida Healthy Kids Corporation
Naples, FL
District:
Category: Advisor
Dr. Richard Woodruff 434-4610 06/22/99 05/I 1/00 I Year
Naples City Council
735 Eighth Street South
Naples. FL 34102
District:
Category: Community Representative
Ms. Pamela Cellerr 262-2141 06/22/99 05/11/00 ] Year
Naples Alliance for the Mentally Ill
660 9th Street North. Suite 32D
Naples, FL 34102
District:
Category: Advi sor
Advertised
Insurance Representative
Naples, FL
District:
Category:
Tuesday, July 20, 1999 Page 6 of 7 , ........ L -- ' .... "
htl~ 6 3 1999
Collier County Community Health Care Ad Hoc Committee
D~rk Phone Appt 'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2rid Ternt
This 23 member ad hoc committee was established by Resolution No. 99-257 to review existing
hea;tn care systems in Collier County to determine if adequate access and health care is
available to all of the residents of Collier County and, if not, to recommend actions that might be
taken to address any lapses in access or coverage. An At-Large member is someone who has
an interest in health care and health care access. Established on May 11, 1999 - Terms are 1
year.
FL ST..I T:
Staff: Dr. Charles Konigsberg, Jr.: 774-8210
Tuesday, July 20, 1999 Page 7 of 7 ......... -',:;.,7 :---,:.:;,.':--"'
MEMORANDUM
DATE: July 20, 1999
TO: Dr. Charles Konigsberg, Jr. ~
Collier County Health Director
i
Collier County Community Health Care Ad Hoc Commi~ee
As you -know. we currently have a vacancy representing the insurance field on the above-referenced
advisory committee. A press release was issued requesting citizens interested in serving on this
committee to submit a resume for consideration. I have attached the resumes received for your
review as follows:
Stephen F. Rasnick
1021 Spanish Moss
Naples. FL 34108
Please let me 'know, in x~Titing 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
AU6 Ln 3:999
6-~2-99; '~Q:52AM;SELF INSURED PLANS ;g41 403 7e, TE /t 1,- 2
" 999
Self Insured Plans LLC ""
5150 Tamiarni Trail N. Telephone 94 i 403-7884
Suite 401 Fax 941-403-7875
Naples, Florida 34103
Sent Via Fax
774-3602
June 12, 1999
Sue Fiison, Administranve Assistant
Board Of County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
RE: The Collier County Community Health Care Committee
Dear Sue,
While the issue of providing adequate and affordable health care to the residents of Collier County is a
complex social issue, the private sector, including insurers, HMO's and insurance agents need to be
involved in the analysis as well as the development of a solution. As President of the Southwest Honda
Association of Health Underwriters, President of a local company that provides health care to more than
15,000 local members, coupled with my many years of previous health care experience, I believe that my
perspective is essential to a successful outcome amd that I will provide value to the process. Consequently,
I would Like to express my keen interest in becoming an active participant on the Committee.
I have included a brief resume for your review. Please call with any questions.
Yom's truly,
Stephen F. Rasnick
President
Residence:
Pelican Marsh
1021 Spatash Mosi
Naples, FL 34108
............
AUG O 3' 1999
pg. '~
6-12--G9; 10:=_.,2Ai',A;SEL-P IlxJ,GLJ~ED PLANS ;941 40.3 7875 ~ 2. 2
Stephen F. Rasnick
President
Self Insured Plans LLC
Mr. Rasnick's broad insurance backgrotmd includes previous positions as President of
Gem Insurance Company, President of Foundation Health National Life Insurance
Company, managed care organizations covering more than 800,000 members; Chairman
of ProAmerica, a national PPO organization; President of The Travelers Plan
Administrators, which he grew to the third largest national benefits administrator,
covering more than 1,000,000 members; President and founder of Claims Administration
Services Inc., at the time, the largest TPA in Illinois, which he later sold to Travelers to
become the cornerstone TPA in the development of The Travelers national network of
TPA's.
He has over 35 years of employee benefit experience, having held senior level consulting
positions with Reed Stenhouse, a division of Alexander & Alexander in Chicago, as well
as having provided insurance consulting services to more than 300 groups in Illinois.
Mr. Rasnick is a founding Director of the Selflnsurance Institute Of Illinois, participated
on the SteerinE Committee that drafted the Illinois TPA Licensing Regulations, is a past
Director and Officer of the Self Insurance Institute of America, and has served on the
Boards of numerous insurance, managed care organizations, and community hospitals,
including Ilumana.
Mr. Rasnick became a full time resident of Naples, Florida in 1995, where he established
a TPA to serve the interests of small to n~ediarn Florida employers. Ite has since opened
additional facilities in Marietta, Georgia and an affiliate in Salt Lake City, Utah. He was
elected President of the Southwest Florida Association of Health Underwriters in 1999.
He is a graduate of Roosevelt University, attended John Marshall Law School, is a
Fellow of The International Claims Organization and is a frequent national speaker on
""' benefit issues, managed care, self funding, the development of Community Based and
Prorider Sponsored Health Plans and third party claims administration. %-- - . - .... ,- .....
t'-
MEMORANDUM
DATE: July 16, 1999
TO: Board of County Commissioners
FROM: Pamela S. Mac'Kie, Chairwoman
Commissioner, District 4
RE: Memo dated July 14, 1999 from Senator Bun L. Saunders to the Lee & Collier
County Commissioners
SUBJECT: Title loan transactions
Please find attached for your review and consideration a copy of the above-referenced
memo received from Senator Saunders. The memo serves as a request to bring an issue
before the two Commissions: the local ability to restrict the maximum interest rate that
may be imposed on title loan transactions.
Pamela S. Mac'Kie, Chairwoman
Commissioner, District 4
PSM:cb
Attachment
co: Robert F. Fernandez, County Administrator David C. Weigel, County Attorney
AGEND IT M
S 3 999
Pg.~ [
1999 15:18 9417744818 COUNTY MANAGER PAGE 82
July 12, 1999
RECEIVED COUNTY ADMINISTRATORS OFFICE
' - 'OFFICE OF THE CITY MANAGER
Mr. Robert Femandcz JUL
County Administz;~tor
CoI|ie; County GovmmLment Complex ACTION_ '
330t Tamiami Trait E
Nalo]es, FL 34I I2 FILE_
Dear Mr. Femar~dez:
Over the past five (j) months, representatives of the Count7 fzoverz~nent, and City governmems
oF Marco, ~aples, and EvergJades City have been working to analyze the proposed FEMA map
changes. From this joint anaJysis, it
jmnpact the coastal zone of Colliter CooOtlr, including incorporated and tmincorpofated a~eas.
Because or the magnitude o~ these c~anB~s,. it is cssentia! that we p~oceed to update the elected
officials or'the four ~zovernini; bodies and it is believed that it wo~ld be beneficial to update them
in a joint session. Therefore, it is ~espectful]y ~requested that you consider having a joint meet. i~ f
with these four entities on Mon.'...~y~::..S.eplC. m~r-1 3%;iTue~day, Sept.e. mber 14~h; o'f'W~dnesday,
Sep'ter~ber 1 St.h4 The Monday and Wednesda~:.s.ession would need to be held in the afternoon,
while the Tuesday session could occur ari,~.'m~::::dh..ring'.ihe' day... :Your courtesies in checking
schedules with the Chaiman..~:.of.-,the,.'.BO:~d!:':.6f',',(3OUnW:'.Commissionexs .,,vould be greatly
:~: ,..~.' ,~..~.:: - ... ..... ........
Thank you for your courtesies and cooperatiaET.":.!."' :" :"" :' """" "~': '" ' '::
.-, .:: . ..... ...~.~ ..,. ......
. Sin~
Dr. Richard L. Woodruff
City Manager
xc: Honorable Mayor Barnett d]J-~ O'.-'L-.
Bill Moss, City Manager-City of Marco
Bob Devlin, Floodplain Management Coordinator
Pae. S. '1999
FACSIMILE (941) 434-4620 TELEPHONE (941) 4344610 SUNCOM 974-48~0
735 EIGHTH STREET, SOUTH, NAPLES, FLORIDA 34102-6796
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS
ENDORSE A RECRUITMENT AND RETENTION ADJUSTMENT FOR THE
COLLIER COUNTY SHERIFF'S OFFICE DURING FY 1999-:2000.
OBJECTIVE: To obtain the Collier County Commission's endorsement of a
compensation plan increase necessary to assist the Collier County Sheriff's Office in
attracting, retaining and motivating high-performing employees.
CONSIDERATION: In order for the Sheriff's Office to attract, retain and motivate
employees it must provide compensation competitive with other Sherifles offices and
similar employers in the state of Florida. The Sherifles last compensation plan adjustment
was in 1996 and, since that time, the Sherifles plan has fallen behind that of other similar
employers. As a result, it has become increasingly difficult to recruit and retain
employees. Time to fill vacancies is increasing, as are turnover rates. The firm of Arthur
Andersen & Co. has just completed a competitive analysis to determine appropriate
adjustments to the Collier County Sheriff's Office current compensation plan and it is
their recommendation that the Sherifles compensation ranges be increased 8%. Arthur
Andersen & Co. used the same methodology and followed established job range criteria
as in the previous pay plan study completed by David M.Griffith and Associates. Their
study also used the comparison market previously recommended by the Board of County
Commissioners and found that the base salary minimum, median and maximum were all
below average for the comparison market. While Arthur Andersen & Co. recommended
implementation of an 8% salary increase immediately, in order to reduce the financial
impact of the increase, the Sheriff plans to .implement the increase in 2 phases, the first
increase of 4% in December and the second in April. The County has also completed
development of their FY 1999-2000 compensation plan adjustments. In discussions with
the County Administrator, it has been agreed that in the future the County and the Sheriff
will work together to develop consolidated compensation plan adjustments for both
organizations.
FISCAL IMPACT: Implementation of this pay plan adjustment will require additional
funding of $2,490,465. Since the report by Arthur Andersen & Co. was not available
when the Sherifles budget request for FY 1999-2000 was developed, funding is not
included in that request. The annualized cost in FY 2001 is estimated at $3,655,728.00.
GROWTH IMPACT: Since implementation of the compensation plan adjustment will
be phased-in, full funding will be required in following years. To some extent, these
costs will be offset by reductions in costs related to turnover and training.
RECOMMENDATION: That the Collier County Commission endorse an 8%
/
PREPARED
· " ' , esources Director
/,'on Himter,' Sheriff No. i//'~.)
DATE: "July 28, 1999 AUG - 3 1999
Pg.
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS
RESTORE THE REDUCTIONS MADE IN THE COLLIER COUNTY
SHERIFF'S OFFICE BUDGET REQUEST FOR FY 1999-2000.
OBJECTIVE: To obtain the Collier County Commission's approval for essential
programs eliminated from the Sheriff' s budget request.
CONSIDERATION:
$845,1 00 for road patrol services to the City o[ Marco Island. In letters to the Board of
County Commissioners, the Marco Island City Council has indicated that they never
intended for their law enforcement organization to replace the Sheriff' s Office. They
intended to supplement the services currently provided by the Sheriff. Funding for these
services to Marco Island is necessary to continue critical law enforcement activities.
$338,900 for Bailiffs to provide general security on floors 2-5 of the Courthouse. In
March 1999, Judge Hayes requested, in writing, that four additional deputies be provided
for security in the Courthouse. His request was based on an analysis of increased risks
created as a result of new tenants in the Courthouse and recent changes in operations
which have resulted in 400-500 defendants frequently being in the Courthouse on a single
day. Judge Hayes said that these 4 Deputies would "be needed to maintain an acceptable
level of security for all persons who visit as well as work in this building." Failure to
provide these Deputies could jeopardize that security.
$254,300 for Bailiffs to provide security in the new courtrooms on the 4th floor. 3 new
Bailiffs were requested to provide security in the new courtrooms opening up on the 4th
floor. Florida statute requires the Sheriff to have a Deputy (Bailiff) present in each of
these courts. Without these positions Deputies will have to be pulled from road patrol in
order to provide courtroom security.
$415,900 for 5 of 11 new Investigator positions. The Sheriff is requesting full funding
for the 11 Investigator positions included in his request. Investigator caseloads in Collier
County are significantly higher than in other Florida counties and, as a result,
investigations cannot be fully pursued and cases are not solved as evidenced by the
County' s lower than average case clearance rate. With the necessary resources,
additional cases can be solved, an increased number of citizen's losses can be recovered
and more criminals can be brought to justice.
$124,400 for 2 of 3 Community Service Deputy (CSD) positions. The Sheriff is
requesting full funding for the 3 CSD positions included in his request. CSDs were
requested to keep pace with demand for service resulting from growth in the County,
especially, traffic assistance during peak hours. CSDs are a cost-effective ~; .... ,,~ .......
AU,3 O 3 1999
provide law enforcement related services without the added expense related to a certified
Deputy.
$605,000 for Document Imaging. The Board of County Commissioners previously
approved approximately $300,000 for start-up efforts related to this project. The
requested $605,000 would allow the Sheriffs Office to move forward with full
implementation of this project which is a joint effort with the Clerk of Court. The cost-
benefit of modern document imaging is well recognized and many of the Sheriff' s record
keeping functions lend themselves to these applications. Imaging of offense incident
reports, traffic citations, arrest data and personnel and payroll records will greatly
improve the speed and efficiency of document retrieval, providing a more efficient flow
of information and reducing the need for manual searches. Imaging reduces labor time
and space requirements, and improves service io our customers.
$640,000 for Computer Modernization and Recovery. Personal computers have become
an essential tool for efficient and effective operations. Technology is changing rapidly
and it is essential that equipment be replaced, as it becomes obsolete. The $640,000
would allow for routine planned replacement of the Sheriff' s inventory of PCs and is
consistent with the Board of County Commissioners' policy of $550 per PC.
FISCAL IMPACT: Restoration of these reductions will require additional funding of
$1,978,600 in general funds and $1,245,000 in 301 funds.
GROWTH IMPACT: None
RECOMMENDATION: That the Collier County Commission restore the reductions
made to the Collier County Sheriff' s budget request for FY 1999-2000 and increase the
tentative funding by $1,978,600.
PREPARED BY:
APPROVED BY: )
DATE: July 23, 1999
I999
EXECUTIVE SUMMARY
PETITION NO. R~99-3 GEOFFREY PURSE OF PURSE ASSOCIATES, INC.
REPRESENTING GOLDEN GATE INN, REQUESTING TO CHANGE THE ZONING
CLASSIFICATION OF A PROPERTY FROM "GC" GOLF COURSE TO "C-3"
INTERMEDIATE COMMERCIAL DISTRICT. THE SUBJECT PROPERTY IS LOCATED
ON THE SOUTHWEST CORNER OF GOLDEN GATE PARKWAY AND COUNTY
ROAD 951 IN SECTION 26, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA. THIS SITE CONSIST OF 1.81 ACRES.
OBJECTIVE:
The applicant is requesting to change the zoning of the property from "GC" Golf Course
to "C-3" Intermediate Commercial District to allow the construction of a Walgreens
drugstore.
CONSIDERATIONS:
The petitioner wishes to rezone the subject property from "GC" Golf Course Zoning
District to C-3 Intermediate Commercial Zoning District to establish a Walgreens
drugstore. The subject property is designated CR-951 Commercial In-fill on the Golden
Gate Master Plan and eligible to be rezoned to C-1, C-2 or C-3 zoning districts.
The subject property is adjacent on the north side to a C-4 zoned shopping center with
a gas station. On two of the remaining sides this property will be adjacent to a hotel and
related uses. By the virtue of the fact that this property is designated as Commercial
In-fill on the Golden Gate Master Plan, this commercial rezoning for a drug store is
compatible with surrounding and nearby land uses.
The proposed commercial retail development will generate a volume of approximately
1,298 trips per weekday. The P.M. peak hour are calculated at 153 trips. Based on this
data, the site generated traffic will not exceed the significance test standard (5 percent
of the LOS "C" design volume) on CR-951. In addition, this project will not lower the
level of service below any adopted LOS "D" standard on any state or county road within
the project's radius of development influence (RDI).
The Collier County Planning Commission reviewed this petition on May 6, 1999 and by
a vote of '7-0 recommended approval of the variance. Staff has' received one letter in
opposition to the granting of this request. Therefore, this petition does not qualify to be
placed on the Summary Agenda.
~Pg. ,,//
FISCAL IMPACT:
This rezone i~y and of itself will not have a fiscal impact on the County. However, if this
rec~uest meets its objective, this parcel will be further developed. The mere fact that
new development has been approved will result in a future fiscal impact on County
public facilities.
The following impact fees will be applicable to this project:
Road Impact Fee: $25,842.00
Fire Impact Fee: $ 4,417.00
EMS Impact Fee: $ 1,942.00
Radon Gas Impact Fee: $ 73.00
Building Code: $ 73.00
Total: $32,347.00
In addition to the Impact Fees described there are building permit review fees and utility
fees associated with connecting to the County sewer and water system. Building permit
fees have traditionally off-set the cost of administrating the community development
._.. review process. Whereas utility fees are based on their proportionate share of impact to
the County system.
Impact Fees are currently being reviewed to determine if adjustments are required to
more accurately reflect the impact of particular development on County provided
services.
Finally additional revenue is generated by application of ad valorum tax rates. The
revenue that will be generated by the ad valorum tax depends on the value of the
improvements. At this point in time staff has not developed a method to arrive at a
reasonable estimate of tax revenue based on ad valorum tax rates.
The above discussion deals with revenue schemes. An fiscal impact analysis is
incomplete without an estimates of costs that will be generated by a particular land use
development project. At this point in time staff has not developed a method by which to
estimate the cost of a particular land use development project. Such a model in our
opinion would be terribly misleading because there is no certain way particularly with
respect to housing projects to determine their value and likelihood that not all of the
authorized development will occur.
Nevertheless, it should be appreciated that not withstanding fiscal impact relationship,
development takes place in an environment of concurrency relationship. When level of
---- service requirements fall below then developed standard a mechanism is in place to
bring about a cessation of building activities.
2 /:,lj{~ 0 3 1999
GROVVTH MANAGEMENT IMPACT:
None. This rezoning action establishing a "C-3" zoning distdct is both consistent with
the basic land use designation of the Golden Gate FLUE and Master Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
required.
PLANNING COMMISSION RECOMMENDATION:
That the Board of County Commissioners approve Petition R-93-3 pursuant to the draft
Ordinance of Adoption made a part of this Executive Summary.
3 AUG 0 3 1999
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
Rrl;VIEWED BY:
F ONALD F. NINO, AICP, MANAGER DATE
'-"- CURRENT PLANNING SECTION
~OBE~T~MULHERE, AIGP, DIRECTOR DATE
PLANNING SERVICES
APPROVED BY:
?
,/ ,/z,,~,j
~flNCENT A. CAUTERO, AIGP~ ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
AUG 0 3 1999
4
AGENDA ITEM 7-D
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: April 9, 1999
RE: R-99-3, Walgreen's, Golden Gate City.
OWNER/AGENT:
OWNER: Golden Gate Inn
(Robert Vocisano, Mario Vocisano)
4100 Golden Gate Parkway
Naples, FL. 34116
Agent: Geoffrey Purse
Purse Associates, Inc.
4450 Bonita Beach Road
Suite # 9
Bonita Springs, FL. 34134
REQUESTED ACTION:
The applicant is requesting to change the zoning classification of the subject property
from "GC" Golf Course Zoning District to "C-3" Intermediate Commercial District.
GEOGRAPHIC LOCATION:
The subject property is located on the northwest corner of Golden Gate Parkway and
CR. 951 in Section 26, Township 49 South, Range 26 East, Collier County, Flodda.
This site consist of 1.81 acres.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner wishes to rezone the subject property from "GC" Golf Course Zoning
District to C-3 Intermediate Commercial Zoning District to establish a Walgreen's
drugstore. The subject property is designated CR-951 Commercial In-fill on the Golden
Gate Master Plan and eligible to be rezoned to C-1, C-2 or C-3 zoning districts.
SURROUNDING LAND USE AND ZONING: No,~
AUG 0 3 1999
1 PI.
Exist!~: Recreational uses such as tennis courts, zoned "GC" Golf Course.
Surrounding: Nor~ho Golden Gate Parkway, shopping center, zoned C-4.
East- CR-951, canal, residences and vacant lands, zoned "E" Estates.
South- Golf Course, zoned "GC" Golf Course district.
West- Hotel, zoned "RT" Residential Tourist.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The petitioner is requesting to rezone this parcel to C-3. The Golden Gate Area* Master
Plan identifies 2 parcels on CR-951 as CR-951 Commercial In-fill parcels. One of the
parcels is located at the Northwest corner of CR-951 and Green Blvd. and the subject
parcel is the other one identified on the Plan. The Growth Management Plan states
"Commercial uses shall be limited to uses including low intensity transitional commercial
uses that are compatible with both residential and commercial, convenience
commercial to provide both small scale shopping and personal needs, and intermediate
commercial to provide for a wider variety of goods and services in areas that have a
higher degree of automobile traffic. These uses shall be similar to C-1, C-2 or C-3
zoning districts outlined in the Collier County Land Development Code (Ordinance 91-
102), adopted October 30, 1991". A C-3 zoning district would therefore be consistent
with this Plan directive.
Traffic Circulation Element:
The traffic impact review indicates that the project trips will not exceed the significance
test standard (5 percent of the LOS "C" design volume) on Golden Gate Parkway and
CR-951. In addition, this project will not lower the level of service below any adopted
LOS "D" standard on any road within the project's radius of development influence
(RDI).
The proposed rezone will not create or excessively increases traffic congestion on the
artedal road system at built-out and complies with Policies 1.3, 1.4, 5.1, 5.2, 7.2 and 7.3
of the TCE.
Sewer an(;I Water:
Water and sewer will be available to this site.
Drainaoe:
Water management requirements will be addressed at the time of SDP review and
approval. Such approvals will be made consistent with Collier County drainage
requirements.
Open Space:
Thirty percent of the project site will be devoted to open space pursuant to applicable
provisions of the LDC at the time of SDP required approval. AC, F. NOA ~TEM
O 3 1999
2
Conservation:
Conservation goals, objectives and policies are achieved by applying LDC requirements
to required subsequent approvals.
Other applicable element-~
Staff's review indicates that this petition has been designed to account for the
necessary relationships dictated by the Future Land Use Element of the Growth
Management Plan (GMP). Mitigation measures and stipulations have been developed
(where appropriate) to ensure consistency with the GMP during the permitting process.
Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Section 3.15 of the Collier County Land Development
Code, Adequate Public facilities, at the eadiest or the next to occur of either Final SDP
approval, final plat approval, or building permit applicable to this development.
Therefore, this proposed rezone is consistent with the goals and policies of the GMP.
Staff has concluded that no level of service standards will be adversely affected by this
amendment. Appropriate mitigation measures and stipulations will assure that the
County's interests are maintained. Consistency with the goals, objectives and policies
of other applicable elements of the GMP and level of service relationships are to be
--- achieved by stipulations and/or development commitments made a part of the approval
of this development order.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
required.
EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND
INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for
oversight related to the above referenced areas of critical concern. This primarily
includes a review by the Community Development Environmental staff, and the
Transportation division staff. This petition was administratively reviewed on behalf of the
EAB and staff recommended approval.
CRITERIA EVALUATION:
Appropriate evaluation of petitions for rezoning should establish a factual basis for
supportive action by appointed and elected decision makers. The evaluation by
professional staff should typically include an analysis of the petition's relationship to the
community's future land use plan, and whether or not a rezoning action wu~,~TEM
evaluation considerations should include an assessment of adequacy of trae
3
PC. ~
infrastructure, other infrastructure, and compatibility with adjacent land uses, a
consideration usually dealt with as a facet of analyzing the relationship of the rezoning
action to the long range plan for future land uses.
The most important facet of the rezoning is that it constitutes a legislative statement
that authorizes the use of land for a specific development strategy, provided the
development of the land can go forward. It may or may not affect the timing of
development because of subsequent permitting requirements. Staff completed a
comprehensive evaluation of this land use petition and the criteda upon which a
favorable determination must be based. This evaluation is intended to provide an
objective, comprehensive overview of the impacts of the proposed land use change, be
they positive or negative, culminating in a staff recommendation based on that
comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5.
(Rezone Findings) of the LDC thus requiring staff evaluation and comment, and form
the basis for a recommendation of approval or denial by the Planning Commission.
Each of the potential impacts or considerations identified dudrig the staff review are
listed under each of the criterion noted and are categodzed as either pro or con or not
applicable, whichever the case may be, in the opinion of staff. Staff review of each of
the criterion is followed by a summary conclusion culminating in a determination of
compliance, non-compliance, or compliance with mitigation. These evaluations are
completed as separate documents and have been attached to the staff report as Exhibit
"A". (See Attached)
In addition a rezoning action establishing a "C-3" zoning district is consistent with the
basic land use designation of the future Land Use element of the GMP.
RelatiOnShip .tO. FUtUre and exi~;ting Land Uses: A discussion of this relationship, as it
applies specifically to Collier County's legal basis for land use planning refers to the
relationship of the proposed zoning action to the Future Land Use Element of the
Collier County Growth Management Plan.
A rezoning action having the effect of rezoning approximately 1.87 acres will be
consistent with the provisions of the FLUE.
Compatibility: The subject property is adjacent on the north side to a C-4 zoned
shopping center with a gas station. On two of the remaining sides this property will be
adjacent to a hotel and related uses. By the virtue of the fact that this property is
designated as Commercial In-fill on the Golden Gate Master Plan, this commercial
rezoning for a drug store is compatible with surrounding and nearby land uses.
Timing: Clearly the timing of a rezoning action from "GC' Golf Course is present when
the land is impacted with nearby commercial zoning distdct and it is capal: ~e"ofA!~e_.~g ......
served by sanitary sewers and ~otable water supplies. No./J(,i~
AUG 0 3 1999
4 P~-~ ~
TraffiC: The site generated traffic will not exceed the significance test standard (5
percent of the LOS "C" design volume). The added trips will not lower the level of
service below adopted standards within the projects radius of development influence
(RDI). Therefore, the rezoning action will be consistent with the TCE.
The Traffic Circulation Element (TCE) lists this segment of Golden Gate Parkway as a 4
lane artedal road. The current traffic count for this road is 14,438 ADT which results in
Level Of Service LOS "A". CR-951 fronting this project has a count of 31,720 ADT and
is operating at LOC "C". Therefore, this project meets the County's concurrency
requirement and is consistent with the standards referenced in Policy 1.3, 1.4, 5.1 and
5.2 of the TCE.
InfrastruCtUre: The site will be served by the Collier County water and sewer system.
Availability letters and construction plan approval from the Collier County Utilities
Department shall be provided prior to final Site Development Plan approval.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition R-99-3 to the BCC with a
recommendation for rezoning this property from "GC" Golf Course to "C-3" Intermediate
Commercial zoning district.
AUG 0 3 1999
5
P~.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
RQ~L~'I~.' NI~b,'~'ICP, MANAGER DATE
CURRENT PLANNING SECTION
~OBERT J. MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES
Approve~J'~'y:
V(Nd;~'N~T/~ CAUT~:RO, AICP, ADMINISTRATOR DATE '
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICE8
Petition Number: R-99-3
Staff report for May 6, 1999 CCPC meeting.
Collier County Planning Commission:
M IC~lZc~.Bruet, CHAIRMAN
AGENDA ITEM
6 AUG 0 3 1999
p.... /!
REZONE FINDINGS
PETITION R-99-3
Section 2.7.2.5 of the Collier County Land Development Code requires that the
report and recommendations of the Planning Commission to the Board of County
Commissioners shall show that the Planning Commission has studied and
considered the proposed change in relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals,
objectives, and policies and Future Land Use Map and the elements of the
Growth Management Plan.
Pro: The proposed rezone will be compliance with the Growth Management
Plan.
Con: None.
Summary Findings: The proposed rezone will be in compliance with the Future
Land Use Element of the Growth Management Plan.
2. The existing land use pattern.
Pro/Con: Evaluation not applicable.
SURROUNDING LAND USE AND ZONING:
Existing: Recreational uses such as tennis courts, zoned "GC" Golf
Course.
Surrounding: North- Golden Gate Parkway, shopping center, zoned C-4.
East- CR-951, canal, residences and vacant lands, zoned "E"
Estates.
South- Golf Course, zoned "GC" Golf Course district.
West- Hotel, zoned "RT" Residential Tourist.
3. The possible creation of an isolated district unrelated to adjacent and
nearby districts.
Pro: This property is across the street from a large shopping center zoned "C-4".
,..-., Con: None.
AGENOA ITEM
AUG 0 3 1999
1
Pg.
Summary Findings: This property is of a sufficient size that this rezone will not
result in an isolated district unrelated to adjacent and nearby districts.
4. Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
Pro: The district boundaries are logically drawn and consistent with the GMP.
Con: None.
Summary Findings: There are commercial lands to the north of this project.
This rezone, if approved, will increase the amount of commercial land in the
intersection.
5. Whether changed or changing conditions make the passage of the
proposed amendment necessary.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed zoning change is appropriate based on the
existing conditions of the property and because its relationship to the FLUE is a
positive one.
6. Whether the proposed change will adversely influence living conditions
in the neighborhood.
Pro: I-Adjacent properties are located in an substantially developed with
commercial uses. By virtue of this fact it is reasonable that one assume
the potential for rezoning actions leading to commercial development.
II-Recommended mitigation actions made a condition of approval will go a
long way towards any potential adverse influences on the proposed
residential community lying north of the project.
Con: None.
Summary Findings: The proposed change will not adversely influence living
conditions in the neighborhood because the recommended development
standards and other conditions for approval have been promulgated and
designed to ensure the least amount of adverse impact on adjacent and nearby
developments. Recommended mitigation action should serve to ameliorate
impact on an adjacent residential under construction.
7. Whether the proposed change will create or excessively increa~ ~e tNiffi~
congestion or create types of traffic deemed incompatil le with
AUG 0 3 1999
2 p~.
surrounding !and 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: I-An action to rezone the property as requested is consistent with all
applicable traffic circulation elements.
II- The property fronts directly on arterial roads thereby providing an
immediate highway system over which traffic from this project is defused.
Con: Urban intensification results in greater volumes of traffic on the arterial and
collector road system serving the project. Other projects dependent upon the
same street system may perceive this as one which will reduce their perceived
comfort levels.
Summary Findings: Evaluation of this project took into account the requirement
for consistency with Policy 5.1 of the Traffic Element of the GMP and was found
consistent a statement advising that this project when developed will not
excessively increase traffic congestion. Additionally certain traffic management
system improvements are required as a condition of approval. In the final
analysis all projects are subject to the Concurrency Management system.
8. Whether the proposed change will create a drainage problem.
Pro: The Land development Code specifically addresses prerequisite
development standards that are designed to reduce the risk of flooding on
nearby properties. New development in and of itself is not supposed to increase
flooding potential on adjacent property over and above what would occur without
development.
Con: Urban intensification in the absence of commensurate improvement to
intra-county drainage appurtenances would increase the risk of flooding in areas
when drainage outfall condition is inadequate.
Summary 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 as a condition of
approval. This project was reviewed for drainage relationships and design and
construction plans are required to meet County standards as a condition of
approval. In the event area wide deficiencies develop, which deficiencies would
be further exacerbated by developing vacant land, the County is required to
react through its Concurrency Management system.
t/~GENDA ITEM
9. Whether the proposed change will seriously reduce light and ~ir No.~
adjacent areas.
AUG 0 3 1999
3
Pro/Con: Evaluation not applicable.
Summary Findings: All projects in Collier County are subject to the
development standards that are unique to that zoning district. These
development standards and others apply generally and equally to all zoning
districts and were designed to ensure that light penetration and air circulation are
minimally affected by development.
10. Whether the proposed change will adversely affect property values in
the adjacent area.
Pro: Typically urban intensification increases the value of contiguous land.
Con: None.
Summary Findings: This is a subjective determination based upon factors
which may be internal or external to the subject property. Zoning is only one
component which may affect property values.
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.
Summary Findings: The basic premise underlying all of the development
standards in the zoning division of the Land Development Code is that their
sound application when combined with the administrative site development plan
approval process, gives reasonable assurance that a change in zoning will not
act as a deterrent to improvement or development of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege
to an individual owner as contrasting with the public welfare.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development is in compliance with the
Growth Management Plan a public policy statement supporting zoning actions
when they are consistent with the Comprehensive Plan. In light of this fact, the
proposed change does not constitute a grant of special privilege. Consistency
with the FLUE is further determined to be a public welfare relationship because
actions consistent with the GMP are in the public interest.
13. Whether there are substantial reasons why the property cannot I: N~~
in accordance with existing zoning.
AUG 0 3 1999
Pro/Con: Evaluation not applicable.
Summary Findings: The subject property can be developed in accordance with
the existing zoning, however to do so would deny this petitioner of the
opportunity to maximize the development potential of the site as made possible
by its consistency relationship with the FLUE.
14. Whether the change suggested is out of scale with the needs of the
neighborhood or the County.
Pro/Con: Evaluation not applicable.
Summary Findings: A policy statement which has evaluated the scale, density
end intensity of land uses deemed to be acceptable for this site.
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.
Summary Findings: There are many sites which are zoned to accommodate
the proposed development. This is not the determining factor when evaluating
the appropriateness of a rezoning decision. The determinants of zoning are
consistency with all elements of the GMP, compatibility, adequacy of
infrastructure and to some extent the timing of the action and all of the above
criteria.
16. The physical characteristics of the property and the degree of site
alteration which would be required to make the property usable for any of
the range of potential uses under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
Summary Findings: Development of the land will necessitate alteration of the
site in some form.
17. The impact of development on the availability of adequate public
facilities and services consistent with the levels of service adopted in the
Growth Management Plan and as defined and implemented through the
Adequate Public Facilities Ordinance, as amended.
"" Pro/Con: Evaluation not applicable.
AGENDA ITEM
AUG 0 3 1999
5
Summary Findings: Staff reviews for adequacy of public services and levels of
service determined that required infrastructure meets with GMP established
re!ationship,
AUG 0 3 1999
6
ORDINANCE NO. 99-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102. THE
COLLIER COLq'C['Y LAND DEVELOPMENT CODE W'H1CH
ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY.
FLORIDA. BY AMENDING THE OFFICIAL ZO~G ATLAS .MAP
.NUMBER 9627N BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF C.R. 951 AND GOLDEN GATE PARKWAY
IN SECTION 22, TOWNSHIP 49 SOUTH. RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, FROM "GC" GOLF COURSE TO "C-Y';
PROVIDING FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Geoffrey G. Purse of Purse Associates, Inc., representing Golden Gate Inn and Counu'y
Club, pentioned the Board of County Comrmssioners to change the zoning classificaUon of the herera described
real propen'y.:
NOW. THEREFORE BE IT ORDAINED BY THE BOARD OF COb~ITY COMMISSIONERS OF
COLLIER COUNTY. FLORIDA:
SECTION ONE:
The zoning classification of the real property ~s more pm~c'ul~iy described by Exhibit "A', attached
hereto and incorporated by reference herein, and located in Section 22, Townskip 49 South, R~nge 27 East,
Collier County, Flortcl~ is clmnged fi'om "GC" Golf Cours~ to "C-3" and the Official Zomg Afl~s M~p
Number 9627N, as described m Ordinance 91-102, the Collier County Land Development Code is hereby
amended accordingly.
SECTION TWO:
This 0rdmance shall become effecnve upon filing with the Deparanem of State.
PASSED AND DULY ADOPTED by the Board of County. Commassioners of Collier County, Florida,
this __day of , 1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
PAMELA S. MAC'KIE, Chau'~oman
ATTEST:
DWIGHT E BROCK, CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
.,,_, /v~xnrv MAIUORIE M. STUDENT AC./_RDA IIEM
ffR-gg-03 REZONE ORDINANCEd \
AUG 0 3 1999
" ,l. /o°
REAL PROPERTY DESCRIPTION
A PDRTII]N l]F TRACT 'A', AND BLOCK I, GOLDEN 6AT~ UNIT i, ACCI]RDIN~ r~
THE PLAT THE~>E~]F RECORDED IN PLAT BOOK 5, A~ PAGES 60 T~DUGH 64
OF THE PUBLIC RECORDS QF COLLIER CD~T~, FLORIDA ~ING MQ~C PARTIC~A~LY
DESCRIBED AS FOLLOW3~
BEGINNING AT THE NORTHEAST CODNER OF ~AID 9LOCK I, THe ~AHE 9EING A POINT
ON THE NORTHERL r LiNE OF SAID T~ACT 'A~' T~NCE N. 90'OQ'OO'E. ALONG ~AID
NORTHERLY LINE, A DISTANCE OF 89.50 FEET~ THENCE S. 75'80'00'E. ALONG SAID
NO~THERL Y LINE. A DISTANCE OF 8083 FEET TO THE ~THEAST CORNER OF
~ID TR~ET '~', THENCE ~.00'0011'~. ALONG THE EASTERLY LI~ OF SAID T~ACT
~ DI~fANC[ OF 439.33 FEET; THENCE ~.90'OO'O0'V. A DISTANCE OF I67. I8 FEET TO
~ POINT ON THE EASTERLY LINE OF ~[D BLOCK 1~ THENCE NOO'OO'OO'E. ALONG SAID
EA~TE~L Y LINE, A DISTANCE OF II6.e4 FEET,' THENCE 3.89'5920'V. A DISTANCE OF
I9 76 fEET, THENCE NOO'OO'OO'E. A DISTANCE OF 190.41 FEET, THENCE N.13'IS'~O'E
A DISTANCE OF 6000 FEET TO ~ PDINT ON rile EASTERLY LINE OF SAID 9LOCK 1,'
THENCE N. OO'OO'OO'E ALON~ SAID EASTERLY LINE, A DISTANCE OF 95.00 FEET TO
THE POINT OF BEGINNING, PARCEL CONTAINS 1.815 AC~S MO~E ~ LESS.
AC~:ND A iTEM
4./?
APPLICATION FOR PUBLIC HEARING FOR: SZ4N~
'P 99-02
Petition No.: Date Petition R~eive, d: ...............
Commission District: Planner Assigned:..-,":.-;//~--,~', ,'V ~= C ,/'~ ' ; ~>~'~ /~ "'.'
-J" ABOVE TO BE COMPLETED BY STAFF
i. General Information:
Name of Applicant(s) C-~qi-,~-_~...~
Applicant's Mailing Address ~,- ~ ~ ~ C-l.c~ ~
City ~,:Lc3\~----'~ State
Applicant's Telephone #/~- 6' ~ - [ (D t ~> Fax
Name of Agent C~,a~'i~C~"~ G~. ~oe'::J~ Firm
Agent's Mailing Address ~V~:~e2~ ~:~u\-'~'~.
City ~:~\~:,~, ~x:~s'~'~, State
Agent's Telephone # ~./~-B "Z-le~ Fax
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
"' PHONE (941)' 403-2400/FAX (941) 643-6968
AGENDA ITEJ~
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98
2. Disclosure of Interest Information:
a. If the properly is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each.
Name and Address, and Office Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address Percentage of Interest
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -5/98 MO.~
P~G~ 2 ,F I.,?..UG 13 3 I999
P~.. ~/
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list
the name of the general and/or limited partners.
Name and Address Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Date of Contract:
~ Name and Address Percentage of Ownership
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property, acquired [] leased []/24gl/8~,Term oflease yrs./mos.
If, Petitioner has option to buy, indicate date of option: and date option
terminates: , or anticipated closing date
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98
AUG 0 3 1999
PAGE 3 }F 15
Pg. t.~,P~-
Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
3. Detailed legal description of the property_ covered by the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district.
Applicant shall submit four (4) copies of a recent survey (completed within the last six
months, maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
Section: Township: Range:
~ 1~, Block: [ Subdivision:
Plat Book ~' Page #: 6o -{-,,z~Property I.D.#:
Metes & Bounds Description:
4. $ize of property: G(s,,~ fi.X [6,7 ~. =Total Sq. Ft. BK! [ Acres 1.87
5. Address/general location of sub_ieet property_:
- \
6. Adjacent zoning and land use:
Zoning Land use
s ~. C. C-~e~k~-
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE -
Does the owner of the subject property own property contiguous to the subject properly?
If so, give complete legal description of entire contiguous property. (If space is
inadequate, attach on separate page).
S ecti on: Township: Range:
Lot: ; ' Block: [ Subdivision: G,t~k.4,~a,.~ C-~nl,~. ~5 ~TI~ [
Plat Book 5 Page #: a,~-f$,q.-Property I.D.#:
Metes & Bounds Description: C~,~l,,,~F_~:~ux~ I ~'-~ ~
7. Rezone Request: This application is requesting a rezone from the
zoning district (s) to the C, - 3 zoning district(s).
,--- Present Use of the Property:
Proposed Use (or range of uses) of the property: (.tP
8. Evaluation Criteria; Pursuant to Section 2.7.2.5. of the Collier County Land
Development Code, staff's analysis and recommendation to the Planning Commission,
and the Planning Commission's recommendation to the Board of County Commissioners
shall be based upon consideration of the applicable criteria noted below. Provide a
narrative statement describing the rezone request with specific reference to the criteria
noted below. Include any backup materials and documentation in support of the request.
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/9~
PAGE 5 )V 0 3 1999
STATEMENT OF UTILITY PROVISIONS FOR STANDARD leEZONE REOUEST
1. NAME OF APPLICANT:
CITY k~~ STATE
3. ~D~SS OF SUB~CT PROPER~ ~F AV~L~LE):
4. LEGAL DESCRIPTION:
Section: Township: Range:
~ d~ Block: [ Subdivision: C~I-~A3
Plat Book ~' Page #: 6e5-a4- Property I.D.#:
Metes & Bounds Description:
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM []
PROVIDE NAME t::1-~. 'pC~A~T
d. PACKAGE TREATMENT []
(GPD capacity)
e. SEPTIC SYSTEM []
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME FL/k
d. PRIVATE SYSTEM (WELL) []
A~D~ ffEM
APPLICATION FOR PUBLIC nEARING FOR STANDARD REZONE-5/9S ~//d~D /
PAGE 12 'F i~UG O 3 1999
7. TOTAL POPULATION TO BE SERVED: ""'
8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK (.t,~c~o ~D AVERAGE DAILY
B. SEWER-PEAK &:G¢~ ~ AVERAGE DMLY 1. ~:~
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED
TO an nnQuIRED: / A ·
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specific statement
regarding the method of effluent and sludge disposal. If percolation ponds are to be used,
then percolation data and soil involved shall be provided from tests prepared and certified
by a professional engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is
located within the services boundaries of Collier County's utility service system, written
notarized statement shall be provided agreeing to dedicate to Collier County Utilities the
water distribution and sewage collection facilities within the project area upon
completion of the construction of these facilities in accordance with all applicable County
ordinances in effect at the at time. This statement shall also include an agreement that the
applicable system development charges and connection fees will be paid to the County
Utilities Division prior to the issuance of building peaits by the County. If applicable,
the statement shall contain shall contain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is
to receive sewer or potable water services from any provider other than the County, a
statement from that prorider indicating that there is adequate capacity to serve the project
shall be provided.
Utility Provision Statement RIM 10/17/97
ACaF. NDA ITEM
APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98
PAGE 13 OF 15 AUG O 3 1999
pc.
STANDARD REZONE APPLI CATI ON
SUBMITTAL CHECKI,IST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
REQ UIR EMENTS # OF NOT
COPIES REQUIRED REQUIRED:
1. Completed Application 15
2. Copy of Deed(s) and list identifying Owner(s) and all 1
Partners if a Corporation
3. Completed Owner/Agent Affidavit, Notarized 1 /
4. Pre-application notes/minutes 15
5. Conceptual Site Plans 15
6. Environmental Impact Statement - (EIS) 4
7. Aerial Photograph - (with habitat areas identified) 4
8. Completed Utility Provisions Statement (with required 4
attachments and sketches)
9. Traffic Impact Statement - (TIS) 4
10. Historical & Archaeological Survey or Waiver 4
Application
11. Copies of State and/or Federal Permits 4
12. Architectural Rendering of Proposed Structure(s) 4
13. Application Fee, Check shall be made payable to -
Collier County Board of Commissioners
14. Other Requirements -
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may
result in the delay of process this petition.
~,~pplicant Signature' '~'~ Date t ACiENDA
APPLICATION FOR PUBLIC ItEARING FOR STANDARD REZONE - 5/98
PAGE 14 OF I AUG O 3 1999
AFFIDAVIT
We/I, ]~ ~t.~4- %c.t~c~ae~ being first duly sworn, depose and say that we/I
a~are the owners of the proper~ described herein and which is the subject matter of the
proposed hearing,' that aH the answers to the qu~tio~ in th~ application, including the
disclosure of interest information, aH s~tches, data, and other supplementa~ matter attached to
and made a part of th~ application, are hon~t and t~e to the b~t of our ~owledge and belief
We/I understand that the information requital on th~ application m~t be complete and
ac~rate and that the content of this form, whether computer generated or Coun~ printed shah
not be altered. Public hearings will not be advert~ed until this application ~ deemed complete,
and aH required infomation h~ been submitted.
~ proper~ owner ~dlfurther authorize ~ ~ ~ ~ ~ ~ ~ to act
~ our/my representative in any matters regarding this P ihon. '
Si~ature of Proper~ ~ner ture ~f ~ e~ ~n r
Typd or Printed Name of ~ner Typd or Printd Name of ~ner
The oregoing instrument was acknowledged before me this ~,9,-5~ day of ~
1~, by ~Zg~F~'T' ~/~ df~/~tyo who is personally ~"O'~nwn To me or has produced/
· . ~ ...... ,.ist. uttOtt.
State of Florida (Si~mature of Nalary ~ublic - State of
County of Collier Florida)
VALERIE I. ~'K)LL
My Comm ~ 4/a~ (Print. Type, or Stamp Commissioned
Boad~l By ~ I~ Name of Notary Public)
No. eC.,44146~
[~m.mma~mmw,.m lllll~t$. ' AC(:.NDAHT:.M "
APPLICATION FOR PUBLIC HEARING FOR STANDARD RR-ZONE - 5/98
PAOE OF AU6 0 3 I999
~099
03.,,
f
AUG 0 3 1999
~.. ~O
iXdm. Nt l, OOI..DgN 0AI"~ UnH No. I, as reeoe.ded m Plat ~
S, P.-[{e g]. FhibD{: Reee~{ti of Collier Corm1).. ]~lortttii end
Treeira. A ~ B, GOLDEN GATE. gr.t h'a,. t, &a, e,t~oeJe<l m
Pint ~ $. Pale 61. P~bitc ge~z~fis ~f Celltee County,
f~ftdas s~d q'ract A, GOLDEN CATE. Unit t. Part t. u
~,,ntd, ed in P%at ~ % Pales li?-lSi. P~lte R~ of
~ ~t/, fi~ I~ ~aet k. GUbLJEN GAT~ ~ntl l,
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FZ~ AND A~ C~ ~MT ee~min W~I ~vio~l~
~ ~ t~ ~ Uml l, 1011, aM fN~ am O.g. ~
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ACENDa.
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j!tl AUG O 3 1999
;,u. TOTRL PPr~,B4 ~
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COLLIER COUNTY -- RECORDEO OR BOOK ;PAGE
" ; QUIT-C~IM DEED
-,
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.. -" . '~ORPO~TION (Second Party), whose address
--.-..~. ,- (Wherever used here(n, the tams "Pirst Party" and "Second
-' -: .- ." ' Party" shall include sinauZar and Plural heirs, legal
~'. successors and assigns of cor~rations wherever the context
-- - .--. .... so admits or re~ires.)
...; ~-- ] WITNESS~H: That the said First Party, for and in
.... i,'.'L]--~]LjL.~.'-~i."2'~ ~ consideration of the s~ of Sl8.00 in hand paid by the said Second
'~:~-j.'..~'?, C,:.=t5~;.'j~..~.].~ .Party, the receipt whereof is hereby acknowledged, does hereby
'--' -- - ' remise, release and ~i~-claim unto the said Second Party forever,
First Party has in and to the followin~ descried lot, piece or
:"'---- -'- - ~.-;: parcel or land, situate, lyin~ and being in the County of Collier,
";'. -." j.-:'.~:. ,. , ' State of Florida, to-wit:
','r :;. '~-;".'.' "":-.;:-~' ."-: See attached E~ibit A for leaal descriotion
: - ,-...-; :' .:-~ %': .- -; - .
' -." --' ~' - " T~RER with easements set forth in E~ibit
': *...: "" TO ~VE ~D~ RO~ the same, together with all and singular
.... "-"-.'~'-:' · ~ the appurtenances thereunto belonging or in an~ise appertaininS,
~:-' '--"" '-~' and all the estate, right, title, interest, lien, e~i~y and claim
-" whatsoever of the said Firs~ Party, either in law or equity, to
'.? '. '? ~ the only proper use, ~nefit and behalf of the said Second Party
.-: .. . :~ :. .:: forever.
.- '::.. . ..' ?:""...; .::j-i':'::-.::.~ IN WXT~SS ~E~F, the said First Par:y has signed and
--2 - .. . ~:....:, sealed these presents, the day and year first a~ve ~itten.
· '- =- :- :L """' ..... ~ :.~ DOM~IC D'A~STINO, NARIO
. .--~. -..-? ..~
.... ::~:?T~..': ;'..-.~.;"..~::~::'j V~IS~O, S~VA~ FO~ZI, AND
.....~._. -.. --. ~.-. .~,
- ;.. .... -:, . .j ,: ,--:,
-- C ~- '- .-"' l~i:ness' , ' Domenic D'Agostin~, ~neral
. -'....:-. - -'.'. '..'::' ~ Partner, with full authority
to bind the partnership
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'-: AUG 0 3 999
PI.
EXHIBIT B "
-.
UTILTIY EASEI'~NT
-- ~ eas~nt for utt]~ty 'lines 30-feet in ~dth. ~t~ 15 feet 'equa]ly on e~ch
side of the center line ~ereof, more ~rticu]arly described as fo}~o~:
: Said line c~nci~ at ~e Northeast corner of .Tract B of Unit ] of
Golden ~te ~bdivision, recorded in Plat ~o~ 5, at Paqe 6] of.the
" Public Records of bllier ~unty, Rori4a, and ~ence ~nni~ ~est
· ..- 88,15 feet ~ the Point of Beqinninq and the center line of ~e
- · :~ eas~nt ~rein de~ribed; thence ~n ~uth 0' 02' 44' East for a
' disuse of 1029,80 feet ~ a ~int; said ~int heiN the ~utherly-
-. " temination of ~e eas~ent ~rein describe, ' '
. -.---.
.- ...
- ';:
.... ' - UTILITY EASE~NT
An eas~ent for utility lines l~ated in Tract A of ~lden Gate Unit 8, Part 2
:..... accordinq ~ ~e~lat ~reof, r~orded in Plat ~ok 9 at Paee 111 of the Public
: Records of ~llier County, florida mre oarticularly described as follow:
· ' ":' - · ' A strip of la~ 30 feet in ~dth, hein~ 15 feet equally on each side of
· .. the cen~r line ther~f, and s~h eas~ent c~nci~ at the ~utheast
. -' corner of Lot 14, Bl~k 281 of said Unit ~, Part 2 of ~lden ~te
.-.. ... Subdivision; and t~e ~nninq ~uth ~(* 19' 21' East alnno said
eas~ent center line for a distance of 34A,51 feet to the ~int of
Easterly temination of said 30 foot eas~ent heretofore described,
,-: -. .:..
.. -: J
-.
.. '-...~
AGENDA ITEM ml
-- -' AUG O 3
REAL PROPERTY DESCRIPTION
A PORTION OF TRACT 'A; AND BLOCK l, GOLDEN GATE UNIT l, ACCORDING TO
THE PLAT THEREOF RECORDED IN PLAT BOOK 5, AT PAGES 60 THROUGH 64
OF THE PUBLIC RECORD3 OF COLLIER COUNTY, FLORIDA BEING HOPE PARTICULARLY
DESCRi'BED A S FOL L 0
BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK 1, THE SANE BEING A POINT
ON THE NOR THERL Y LINE OF SAID TRACT 'A'i THENCE N. 90°OO'OO'E. ALONG SAID
NORTHERLY LINE, A DISTANCE OF 89.50 FEET1 THENCE 3.75°00'00'E. ALONG SAID
NORTHERLY LINE, A DISTANCE OF 80.83 FEET TO THE NORTHEAST CORNER OF
SAID TRACT 'A'i THENCE 3,00°00'11'~/. ALONG THE EAST LINE OF SAID TRACT 'A;
A DIS TA NCE OF 4 3 9. 33 FEE T1 THENCE N. 90 °00 '00 ' ~/. A DIS TA NCE OF 16 7. 10 FEE T TO
A POINT ON THE EASTERLY LINE OF SAID BLOCK 11 THENCE N. 90°00'00'~/. A DISTANCE
OF 80.00 FEET1 THENCE N. OO°OO'OO'E. A DISTANCE OF 116.84 FEETi THENCE N. 89°59'80'E.
A ]7[STANCE OF 6.84 FEETi THENCE N. OO°OO'OO'E. A DISTANCE OF I90.41 FEETi THENCE
N. 13°lb'30'E A DISTANCE OF 60,00 FEET TO A POINT ON THE EAST LINE OF SAID
BLOCK 1~. THENCE N. OO°OO'OO'E. ALONG SAID EAST LINE, A DISTANCE OF 95.00 FEET
TO THE POINT OF BEGINNING, PARCEL CONTAIN3 1.869 ACRES HOPE OR LESS.
Feb-03-99 09:53A FLORIDA CITIES GG 941 455 5626 P.02
FLORIDA CITIKS
V, TER CO MPANY
February 3, 1999
Collier County
Office of Growth Management
2800 N Horseshoe Dr
Naples FL 34204
RE: Block(s) I , Lot(s):Unavailable, Golden Gate
Project Description WSlgreens
TO WHOM IT MAY CONCERN;
In response to your request, please be advised that the above
described property is in Florida Cities Water Companies
certificated area.
At this time Florida Cities Water Company has adequate Water and
Wastewater Treatment and distribution/collection facilities to
provide service for the above described project.
The Company will guarantee service only upon its receipt of a
signed Request for Service and/or Executed Service Agreement,
appropriate fees and charges, and the approval of all State and
Local Regulatory Agencies.
Any extensions required must be installed at the
Developer/Contractor's expense, including all engineering cost,
etc.. All construction must be to Company Specifications.
If you have any questions, please feel free to contact this office.
Sincerely,
FLORIDA CITIES WATER COMPANY
Marry Doss
Customer Service
FLORIDA C1TIES WATER COt~IPA,YIt' AGF, NDA ITF. M
]SO5 C2, 951 So#re
NQC:N'eS. FL 34; It
~941 ) 455-: 583
EXECUTIVE SUMMARY
PETITION NO. PUD-99-6 DONALD W. ARNOLD, AICP, OF WILSON, MILLER, BARTON
& PEEK, INC., REPRESENTING G.L. HOMES OF NAPLES ASSOCIATES, LTD.,
REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED
UNIT DEVELOPMENT TO BE KNOWN AS RIGAS PUD FOR A MAXIMUM OF 725
RESIDENTIAL DWELLING UNITS AND A MAXIMUM OF 10,000 SQUARE FEET OF
CONVENIENCE COMMERCIAL AND RECREATIONAL USES FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXIMATELY
1 MILE EAST OF 1-75 AND ONE MILE WEST OF C.R. 951, IN SECTION 28, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 232+/-
ACRES.
OBJECTIVE:
The petitioner seeks to have land described herein rezoned from its current zoning designation of
Rural Agricultural, "A" to Planned Unit Development, "Rigas PUD" for the purposes of building
a mixed use residential development consisting of 725 single family and multi-family dwelling
units and 10,000 square feet of neighborhood commercial convenience and recreational uses on a
~-. vacant 232 acre site.
CONSIDERATIONS:
The applicant proposes to develop the property for a maximum of 725 single family and multi-
family dwelling units at a density of 3.13 dwelling units per acre. The project will include a
central recreation center that will provide for active recreational facilities for the residents, as
well as convenience commercial and personal services. In addition to the central recreation
center, multiple amenities will be provided on-site including an extensive interconnected lake
system, walking/jogging trail system, internal parks, and nature preserves. Access to Rigas PUD
will be provided from Immokalee Road. Access is also proposed from the future Logan
Boulevard extension that abuts the property on a portion of its west side for which the property
owner will dedicate up to 125 feet of land for future fight-of-way.
The site is located on the south side of lmmokalee Road east of the intersection ofi-75 and
Immokalee Road and west of the intersection of Immokalee Road and CR-951 within the Mixed
Use Urban Residential land use classification as shown on the Future Land Use Map. This
petition purports to rezone this 232 +/- acre parcel from Agricultural, to Rigas PUD to allow
mixed single family and multi-family residential and neighborhood commercial uses consistent
with the Neighborhood Village Center subdistrict as described in the Future Land Use Element
of the Growth Management Plan. Consistent with the Neighborhood Village Center subdistrict,
the commercial uses will be combined with recreational facilities and will be conveniently
located to serve residents of the PUD. The Village Center does not have independent access to
- ~ I
0 3 999
any roadway external to the PUD and is integrated into the PUD. Approximately 20 acres of the
site will be developed for buffering and open space, 54 acres for lakes, 6.1 acres for the
recreation center, 24.4 acres of preserve, and 106 acres for residential land uses.
Development Standards - The proposed development standards for the project are similar to the
residential district zoning standards which most closely characterizes the uses authorized by this
district. Building heights for multi-family structures are limited to 50 feet and all other residential
structures are limited to 35 feet in height.
The petitioner is requesting modifications to the Land Development Code as it pertains to
signage. Specifically, the petitioner is requesting additional signage in the form of Boundary
Markers. Boundary markers are similar to monument types of ground signage which will be
located at property comers and may contain the name of the subdivision, and the insignia or
motto of the development. The Land Development Code does not specifically address this type
of signage, thus this type of signage will be in addition to the entry type of signage already
permitted by the Code and described below. The petitioner is requesting a sign face area of 64
square feet maximum (per side) to be placed at the height of the monument upon which it is
located, which in this case will be a maximum height of eight feet. The petitioner is also
requesting a reduced setback from the right-of-way and property line. The Land Development
Code requires a setback of 15 feet but the petitioner wishes to reduce the setback to 10 feet. The
.._ petitioner is also requesting additional signage in the form of Construction Entrance signage.
Specifically, to allow one sign, a maximum of 20 square feet in size, at each construction
entrance to identify the entrance. While the current code addresses construction signs, it does not
reference construction entrance signs, therefore, this signage request will be in addition to
signage already permitted by the Code. As mentioned above, entry signage is currently permitted
by the Land Development Code, specifically, two ground or wall residential entrance or gate
signs may be located at each entrance. The ground or wall signs shall not exceed a combined area
of 64 square feet per entrance. The petitioner is requesting a sign with a face area for entrance
signs of up to 80 square feet, with a maximum total sign face area at each entrance of 160 square
feet. If the sign is a single, two sided sign then each sign face may not exceed 80 square feet in
area. The petitioner is also requesting Temporary signage for Grand Openings not exceeding 32
square feet on a side and not exceeding 64 square feet total. The Land Development Code limits
Grand Opening signage to 32 square feet per street frontage up to two streets. Permits for grand
openings are restricted to two, two-week maximum time frames such that during any calendar
year the sum total of all permits for such events does not exceed 28 days. The petitioner would
like to display the sign for the first three months that the occupant is open for business.
- AC,~JIDA ITE~I
AUG O 3 It, cJg
FISCAL IMPACT:
This PUD by and of itself will not have a fiscal impact on the County. However, if this request
meets its objective, a portion of the existing land will be further developed. The mere fact that
new development has been approved will result in a future fiscal impact on County public
facilities.
Current Agricultural Zoning District Proposed PUD Commercial
232 acres / 1 sf du per 5 acres = 46 sf du 6 acres developed with 10,000 sq ft
46 s.f. x $578.00 (parks) = $26,588.00 F.A./1,000 x $5,000 (road) = $50,000.00
46 s.f. x $180.52 (library) = $8,304.00 F.A. x 0.30 (fire) = $3,000.00
46 s.f. x .15 x 1000 sq i~ (fire) = $6,900.00 F.A. x 0.005 (radon gas) = $50.00
46 s.f. x $1,778 (schools) = $81,788.00 F.A. x 0.005 (bldg code) = $50.00
46 s.f. x $1,379 (roads) = $63,434.00 F.A./1,000 x $250.00 (EMS) = $2,500.00
46 s.f. x .005 x 1,000 (radon) = $230.00
46 s.f. x .005 x 1,000 (bldg code) =
$230g00
46 s.f. x $1.50 (microfilm) = $69.00
46 s.f. x 14.00 (EMS) = $644.00
Total 46 s.f. du generate = $188,187.00 Total 10,000 sq ft comm = $55,600.00
Proposed PUD Residential (assume all single family development)
232 acres / 3.13 du per acre = 725 sf du
725 s.f. x $578.00 (parks) = $419,050.00 725 s.f. x .005 x 1,000 (bldg code) =
$3,625.00
725 s.f. x $180.52 (library) = $130,877.00 725 s.f. x $1.50 (microfilm) = $1,087.50
725 s.f. x .15 x 1000 sq ft (fire) = 725 s.f. x 14.00 (EMS) = $10,150.00
$108,750.00
725 s.f. x $1,778 (schools) = Total 725 s.f. du generate =
$1,289,050.00 $2,965,989.50
725 s.f. x $1,379 (roads) =
$999,775.00
725 s.f. x .005 x 1,000 (radon) =
$3,625.00
Development of the site for a mixed use residential and neighborhood commercial, should the
site be rezoned to PUD and developed with 10,000 square feet of neighborhood commercial, and
725 single family dwelling units will generate approximately $2,833,402.50 more in impact fees
than if the site was developed for single family residential/agricultural use as presently zoned.
AGENDA ITEM
AUS 0 3 1999
p;.
GROWTH MANAGEMENT IMPACT:
The approval of this rezoning request will not affect or change the requirements of the Growth
Management Plan. The rezoning request is consistent with the applicable elements of the Growth
Management Plan and will not have a negative impact on adopted level of service standards.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
At a public hearing held on June 3, 1999 the CCPC voted 7-1 to forward PUD 99-6 to the Board
of County Commissioners with a recommendation for approval subject to the following
stipulations:
1. Development abutting the site's eastern boundary between the cul-de-sac located on the
adjacent property to the east to the beginning of the subject site's preserve area shall be limited to
single family residential. The landscape buffer in this area shall be at least fifteen (15) feet wide,
with required trees planted no more than twenty (20) feet on center.
2. The primary project entry road and loop road system shall have a minimum eight (8') wide
pathway on one side of the street.
3. Cul-de-sacs and private streets less than 300 feet shall not be required to provide sidewalks.
4. For entrance signs, the sign face area shall not exceed 80 square feet, as described in the PUD
document.
5. The petitioner shall revise the PUD Master Plan to show a pedestrian/golf car interconnect
with the Heritage Greens development abutting the subject site to the east.
6. Intemal signage for directional or identification signs which are cjustered together or
combined to form a menu board shall be limited to a maximum area of twenty-four (24) square
feet.
7. The petitioner shall revise the PUD document to incorporate architectural design standards
similar to the standard policy language of G.L.Homes, which restricts bidlding type and color.
/.--
AUS 0 3 1999
This petition was not scheduled on the summary agenda for the following reasons: The petition
did not receive a unanimous vote of approval from the Planning Commission and speakers were
present at the meeting who spoke in opposition to aspects of the project. The dissenting Planning
Commission member did not approve the project because the PUD document provided for
exceptions to the Land Development Code's sidewalk requirements. Specifically, the PUD
document calls for sidewalks to be located on one side of the entry road, eight feet in width,
rather than two sides, five feet in width as required by code. Additionally, cul-de-sacs and private
streets less than 300 feet in length shall not be required to provide sidewalks in the PUD,
although the Code requires sidewalks on both sides of the street, regardless of the length.
Members of the public who spoke about the petition at the CCPC public heating requested a
continuance in order to have time to resolve additional issues with the petitioner, however, they
failed to specifically identify those issues. It is staffs understanding that some the residents of the
Heritage Greens development (adjacent to the site to the east) were concemed over adequate
buffering between the projects and the type of housing adjacent to their western property
boundary. The petitioner agreed on the record, and the PUD document has been subsequently
revised, to provide for an additional five feet of landscape buffer resulting in a fifteen foot wide
landscape buffer with trees planted 20 feet on center. Additionally, thepetitioner has agreed to
limit the housing type to detached single family residential along the subject site's eastern
boundary from the maintenance facility on Heritage Greens to the Preserve area of the subject
site. Both staff and the Planning Commission members support these stipulations and feel they
provide more than adequate buffering between the sites, especially in light of the fact that given
these stipulations and the layout of the development at Heritage Greens, that there will be over
300 feet of separation between structures on both sites. That 300 + foot wide separation includes
a vegetated 25 foot wide landscape buffer, plus a golf course approximately 275 feet wide, which
abuts the rear of the single family homes on the western side of the Heritage Greens
development. Other than the concerns raised by Heritage Greens homeowners at the Planning
Commission meeting, staff does not have a clear understanding of what their additional concerns
may include.
-- AGENOA ITE
AUG 0 3 1999
PREPARED BY:
SUSAN MUP~AY, b~CP DATE
CHIEF PLANNER
V[~~~E~ BY:
CURRENT PLANNING S~C~ZO~
R~BERT HE~, ~CP, DI~CTOR DATE
PLUG SERVICES
APPROVED BY:
VINCENT A. CAUTERO, AICP,"Z~DMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
Petition Number: PUD-99-6 Rigas PUD
This petition has been tentatively scheduled for the June 22, 1999 Board of County
Commissioners Public Heating.
A~d40A I'IT:.M
AU~ 0 3 1999
system, walking/jogging trails system, internal parks, and nature preserves. Access to Rigas PUD
will be provided from Immokalee Road. Access is also proposed from the future Logan
Boulevard extension that abuts the property on the west side for which the property owner will
dedicate 125 feet of land for future right-of-way.
SURROUNDING LAND USE AND ZONING:
Existing: A portion of the subject property is currently used for active agricultural uses. The
remaining portions are heavily vegetated. The site presently has an Agriculture (A) zoning
designation.
Surrounding: North - Lmmokalee Road ROW
South - Island Walk PUD; vacant
East - Heritage Greens PUD; golf course and single family residential
West - Future Logan Boulevard ROW; Estates zoning, single family residential
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is located in the Urban Mixed Use Residential Land Use classification as
designated area on the County's Future Land Use Map. Urban Residential Mixed Use is
inclusive of a variety of residential land uses including single family, multi-family, duplex,
mobile home and mixed use (Planned Unit Development). The subject petition is for a mixed use
residential PUD, for single family and multifamily land uses, which are authorized uses of land
in the urban residentially designated area of the Future Land Use Element (FLUE), therefore, it is
consistent with. the FLUE.
Consistency with other applicable elements of the Growth Management Plan (GMP) is as
follows:
Land Use Residential Densi_ty:
The projected density of 3.19 dwelling units per acre is consistent with the density rating system
contained in the FLUE and is based on the following relationships to the required criteria:
Base Density +4 dwelling units/acre
Proposed access to two arterial or collector roadways +1 dwelling units/acre
The PUD Neighborhood Village Center Subdistrict allows for smail-sca!e retail, offices, and
service facilities to serve the daily needs of the residents of a PUD. The Neighborhood Village
Center uses may be combined with recreational facilities or other amenities of the PUD and shall
be conveniently located to serve the PUD. Lands surrounding the subject site are develope I witl~aEUOA rrsu
0 3 1999
AGENDA ITEM 7-H
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION
DATE: MAY 17, 1999
RE: PETITION NO: PUD-99-6 RIGAS PUD
OWNER/AGENT:
Agent: Mr. Donald W. Arnold, AICP
Wilson, Miller, Barton & Peek, Inc.
! 3200 Bailey Lane, Suite 200
Naples, FL 34105
Owner: G.L. Homes of Naples Associates, Ltd.(Contract Purchaser and part owner)
1401 University Drive, Suite 200
Coral Springs, FL 33071
REQUESTED ACTION:
The petitioner seeks to have land described herein rezoncd from its current zoning designation of
"A" Agricultural to "PUD" Planned Unit Development for the purposes of developing a
residential development on 232+/- acres, providing for development tracts consisting of single
family and multi-family development areas, a commercial/recreation area, preserve and lake
areas and street right-of way.
GEOGRAPHIC LOCATION:
The subject site is located within Section 28, Township 48 South, Range 26 East, approximately
1.25 miles east of 1-75 and one mile west of C.R. 951, on the south side of Immokalee Road.
PURPOSE/DESCRIPTION OF PROJECT:
The applicant proposes to develop the property for a maximum of 725 single family and multi-
family dwelling units at a density of 3.13 dwelling units per acre. The project will include a
central recreation center that will provide for active recreational facilities for the residents as
well as convenience commercial and personal services. In addition to the central recreation
center, multiple amenities will be provided on-site including an extensive interconnected 1~ ce ~.~
0 3 1999
1
comparable densities which range from 1 unit per 2 ~A acres (Estates), 2.11 dwelling units per
acre for Heritage Greens PUD and 3.04 dwelling units per acre for Island Walk PUD
Traffic Circulation Element -
The subject site's generated traffic exceeds the significance test standard (5 percent of the
LOS "C" design volume) on Immokalee Road after trip adjustments and assignments are made.
However, the site generated trips will not create a concurrency problem because the project trips
do not lower the overall road capacity below any adopted LOS "D" standard. The TCE lists CR-
846 as a 2-lane arterial road fronting the project. The current traffic count for this road segment is
20,661 PSDT and is operating at an unacceptable level of service (LOS "F"). Since this segment
from 1-75 to CR-951 is scheduled to be improved to 4 lanes prior to the buildout of this project
which is expected to occur in 2004-5, the level of service will return to an acceptable standard at
that time. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. The Peak Season
Daily Traffic was based on the Peak/Annual Ratio as shown in the County's Transportation
Planning Database. All roadway segments within the project' s RDI are projected to operate at an
acceptable level of service at the projected build-out of the project. The proposed access point
from the project to Logan Boulevard likely will not be constructed until the Logan Boulevard
extension is completed. Presently, the construction of this segment of Logan Boulevard is not
funded within the FY 97 to FY 01 Capital Improvement Plan. In fact, this section of Logan
Boulevard from Vanderbilt Beach Road to Immokalee Road is shown on the Interim Year 2020
Financially-Feasible Plan in the TCE. Nevertheless, the petition complies with policies 1.3, 5.1,
5.2, 7.2 and 7.3 of the Traffic Circulation Element (TCE). The ITE Trip Generation Manual
indicates that the proposed development will generate approximately 5,510 AADT trips at
buildout.
The site is bounded by the Heritage Greens PUD to the east and the Island Walk DRI to the
south. The Heritage Greens PUD is a mixed single family/multi-family golf course development
whose only access is from Immokalee Road. The Heritage Greens PUD was approved with an
indication on the PUD Master Plan for the potential for an interconnection to the subject site. As
the Heritage Greens development is currently platted, this interconnection location if built in the
location approved, would traverse the existing golf course. The potential for the subject site to
interconnect with Heritage Greens exists especially along the southeastern portion of the subject
site where an existing cul-de-sac within the Heritage Greens PUD abuts the subject site's eastern
boundary. This scenario would require an insubstantial change to the Heritage Greens PUD
Master Plan to show the new location of the access point. It is important to note that an
interconnection with Heritage Greens will have the affect of violating the integrity of the gated
community concept that Heritage Greens has established, as well as the gated community
concept of the subject project. Although this should not be a determining factor in evaluating the
merits of interconnection, it is important to evaluate the benefits received from such an
interconnection and their effects on the surrounding roadway network. InterconneCtion of
projects wherever possible is encouraged by the Traffic Circulation Element of the Growth
Management Plan. Interconnection at this site with the neighboring properly to the east is
possible and from a traffic circulation standpoint stands to benefit the residents of Heritage AGENDA I'IT.J~'
AUG 0 3 199,.c
3
Pg.
Greens rather than residents of the subject site. Specifically, because the Heritage Greens
residents, when the Logan Boulevard intersection with Immokalee Road is built, will have access
through the subject site to a future signalized intersection at Immokalee Road. However, it is
staffs understanding that the Heritage Green's PUD has the potential to have a full median
opening and possibly a traffic signal at their entrance onto Immokalee Road. So the benefit of
having access to Immokalee Road via a signalized intersection through the subject site may not
be necessary. It appears that the benefit to the residents of Heritage Greens will be that they can
access Logan Boulevard through the subject site and head in a southerly direction without having
to first get on to Imrnokalee Road.
The project to the south, the Island Walk DRI, also will have access to the future Logan
Boulevard. Providing interconnection between the subject site and this project to the south is not
feasible and will be of minimal benefit. The preliminary subdivision plat for this portion of
Island Walk indicates that residential land uses abut the southern property boundary of the
subject site and interconnection between the project will be difficult to obtain due to the
proposed layout of the site. Additionally, since both projects will have access to Logan
Boulevard, motorists really are receiving little to no benefit via an interconnection, which will
allow drivers to traverse through residential neighborhoods in order-to head in a southerly
direction. The residents of both projects will have that ability through their individual access
points located off of Logan Boulevard.
In summary, due to the proposed access point locations of the subject site, planned roadway
construction, signalization and planned median openings, and given the existing and planned
development on sites to the east and south, an interconnection between the subject site and
developments to the east and south will serve of minimal benefit to residents of all three projects.
Other Applicable Element {s) -
Other applicable elements are those typically evaluated at the time of subsequent development
approvals, and generally deal with infrastructure. To the extent that improvements to
infrastructure and/or the extension of available public utilities is required, these will be mandated
at the time of approval of the required site development plan and/or subdividing if necessary.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no Historical/Archaeological Survey and Assessment is required.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND
INFRASTRUCTURE:
The appropriate staff responsible for the above referenced areas of critical concern has reviewed
the subject petition. This primarily includes a review by the Community Development
environmental and engineering staff, and the Transportation Services Division staff.
i ,/,Lj3 O 3 199!
4
Pg- //
This petition was administratively reviewed on behalf of the EAB and staff recommended
approval subject to conditions, which have been incorporated into the attached ordinance.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impacts of the proposed land use change, be they positive or
negative, culminating in a staff recommendation based on that comprehensive overview. The
listed criteria are specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. of the Land
Development Code thus requiring staff evaluation and comment, and shall be used as the basis
for a recommendation of approval or denial by the Planning Commission to the Board of County
Commissioners. Each of the potential impacts or considerations identified during the staff
review are listed under each of the criterion noted and are categorized as either pro or con,
whichever the case may be, in the opinion of staff. Staff review of each of the criterion is
followed by a summary conclusion culminating in a determination of compliance, non-
complianqe, or compliance with mitigation. These evaluations are completed as separate
documents and are attached to the staff report.
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive
action by appointed and elected decision-makers. The evaluation by professional staff should
typically include an analysis of the petition's relationship to the community's future land use
plan, and whether or not a rezoning action would be consistent with the Collier County Growth
Management Plan in all of its related elements. Other evaluation considerations should include
an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility
with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship
of the rezoning action to the long range plan for future land uses.
Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a
rezoning action advise as follows:
Relationship to Future and Existing Land Uses:
A discussion of this relationship, as it applies specifically to Collier County's legal basis for land
use planning, refers to the relationship of the proposed zoning action to the Future Land Use
Element of the Collier County Growth Management Plan.
The subject property is located within the Urban Residential Mixed use subdistrict future land
use classification as depicted on the Future Land Use Map of the Collier County Growth
Management Plan. A portion of the site is presently used for agricultural purposes and the
remaining portions are vegetated. The PUD document indicates the proposed development plan
for the 232-acre site is for single family and multi-family development with customary accessory
uses such as common facilities for recreational uses and open space. Additionally, via
AGENO A ITEM
Neighborhood Village Subdistrict provision in the Future Land Use Element, a 6.1 ac~
5 , ;o 0 3 1999
pg. /'~.~- ,
Recreation Center will be combined with convenience commercial land uses providing low
intensity service type of commercial land uses for use by the residents of the development.
Residential development on the site is planned to occur within approximately six (6)
development tracts throughout the site surrounding a variety of lakes and a vegetated preserve
area. The residential development areas are primarily located along the boundaries of the site,
and internal to the site surrounding a large lake. The preserve area is located adjacent to
Immokalee Road and to the south for a depth of approximately 2,200 feet. The maximum
building height is limited to 35 feet for single family dwellings and 50 feet for multiple family
dwellings. The maximum height for structures in the Recreation area is 50 feet. Access to the site
is proposed fi'om Immokalee Road and the future Logan Boulevard extension. On-site circulation
functions primarily in a looped or circular pattern throughout the development. The entrance
from Immokalee Road leads through a preserve area to the east and west of the proposed
north/south entry road. The project will dedicate approximately 125 feet in width of land along
its western boundary for the future extension of Logan Boulevard and land 50 feet in width along
Immokalee Road to accommodate the programmed Immokalee Road 4-1aning improvements.
The applicant proposes to architecturally unify the structures, signage and landscaping
throughout the project.
With respect to compatibility issues, staff is of the opinion that the subject petition is consistent
with the Collier County Growth Management Plan and is therefore compatible with other
approved Planned Unit Developments within the area.
Traffic:
The ITE Trip Generation Manual indicates that this petition will generate approximately 5,5 10
AADT trips at build-out. With the programmed Immokalee Road 4-1amng, this project meets the
County's concurrency requirement and is consistent with Policiesl .3, 1.4, 5.1, 5.2, and 7.3.
From a planning and traffic safety standpoint, the proposed access point onto Immokalee Road is
limited to fight-in/fight-out and left-in. Without the benefit of another access point (until the
Logan Boulevard extension is built adjacent to the site) considerable operational problems on
Immokalee Road, especially during the AM peak hour, is highly probable. The potential for
requirements for U-turns since left turn out capability is not available will cause safety hazards
on Immokalee Road. Staff has crafted a stipulation, which limits the number of dwelling units
that can be built until the Logan Boulevard extension is constructed. This limitation should
alleviate the volume of traffic generated from the site. As an option, the developer may wish to
construct a portion of the Logan Boulevard extension, thus alleviating the need for the limit on
the number of dwelling units and reducing the safety and operational concerns on Immokalee
Road. Otherwise, the access points as proposed should operate adequately subject to any required
engineering modifications and the Collier County Access Management Plan. The final geometry
and design of the access will be reviewed at the time of Preliminary Site Development Plan
(SDP) and/or Preliminary Subdivision Plat (PSP) review.
The GMP consistency review indicates that approval of this petition is consistent with pol c~es
the TCE.
Utility Infrastructure:
The project site will be served by a full range of services and utilities provided by Collier
County. All development must comply with surface water management requirements invoked at
the time of site development plan approval.
Community Infrastructure and Services:
The project site is located 1.25 miles east of the Activity Center located at Immokalee Road and
1-75. The subject property has convenient access to a wide range of community infrastructure,
which is enhanced by its proximity to the aforementioned activity center. Shopping centers,
business offices and medical offices are all or in the future will be within a short driving distance.
Summary_:
Based on the above analysis, the following conclusions can be reached from the staff report:
1. The proposed rezoning of the subject property from Agricultural to PUD, and the PUD
development strategy for single family and multifamily residential development and related
--- facilities is consistent with the FLUE of the GMP.
2. The proposed density of development and development regulations are consistent with those
authorized in the GMP's density rating system for projects located in the Urban Mixed Use
Future Land Use classification and similar to the density of development for neighboring PUD' s.
3. All other pertinent elements of the GMP were reviewed and the methods for achieving
consistency are_ made a part of the PUD regulations or otherwise achieved by the PUD
Master Plan.
4. Findings related to the application to rezone to PUD and the development standards
specified in the PUD document and Master Plan support a recommendation of approval
and compatibility with adjacent land uses at a density of 3.13 dwelling units per acre. Future
commercial development within the nearby Activity Center, and the Neighborhood Commercial
area within the development will provide convenient commercial opportunities to the residents of
this development.
STAFF RECOMMENDATION:
Staff recommends that Collier County Planning Commission recommend approval of Petition
PUD-99-6, Rigas PUD with the following stipulations:
Amend the following sections of the PUD document to read as follows:
' AGENOA ITEM
7 AL"'S 0 3 1999
pg./,/~/
1. Remove #2 under Section 2.4 under the heading 3.2.8.3.17. Sidewalks, bike lanes and bike
paths. Reason: The Land Development Code requires sidewalks on both sides of the street at
least five (5) feet in width.
2. Remove #3 Cul-de-sacs and private streets less than 300 feet shall not be required to provide
sidewalks. Reason: The Land Development Code requires sidewalks on both sides of the
street at least five (5) feet in width.
3 Section 3.5 Development Standards, F., shall be amended as follows: During the -~-~--
platting process, the developer shall identify the specific housing type intended for each
platted tract.
4. Section 3.5, Table 1, Development Standards, '6 shall be amended as follows: Zero foot (0')
or a minimum of five feet (5') on either side except that where the zero foot (0') yard option
is utilized, the opposite side of the structure shall have a ten foot (10') yard. Zero foot (0')
yards may be used on ~tk either side~-of a structure provided that the opposite ten foot
(10') yard is provided. Patios, pools and screen enclosures may encroach into the 10' yard
and n3ay attach to the adjoining dwelling provided an easement is granted from the adjoining
dwelling unit owner. Where this option is used a conceptual site plan for all of the lots
platted for patio and zero lot line shall be submitted to the Customer Service Section of the
Building Review and Permitting Department with the application for the first building
permit. This plan will be used to determine the ten (10) foot spacing requirement between
principal and accessory structures.
5. Section 6.5 Water Management, add the following per staffs previous comments:
D. The Public Works Engineering Department and the Collier County Stormwater
Management Department shall review and approve the proj ect's Water Management System
for compliance with the Harvey Drainage Basin.
Section 6.7, Transportation, amend the following:
6. A. The developer will provide for a reservation of land up to 125 feet in width along that
portion of the project that abuts the future Logan Boulevard corridor. Any required
landscape buffer for the development shall be located outside the limits of said 125-foot
reservation. If dedicated to the County, dedication of this land shall occur within 120 days of
any request to the developer from the County.
B. The developer will provide for a reservation o__f land of 50 feet in width along the
northern property boundary to accommodate the programmed Immokalee Road 4-1aning
improvements. Dedication of this land to Collier County shall be in conjunction with final
subdivision plat approval of the first phase of development or within 120 days of any request
to the developer from the County, whichever is earlier. In the even the land is donated to the
County, the developer -::i!! may be eligible for impact fee credits as permitted by the ~.oad
Impact Fee Ordinance. A, GEN~^ I'
AU3 9 3 1999
8
Pg. r(--5" ,
C. The PUD Master Plan depicts a conceptual access location to Logan Boulevard. The
ultimate access location to Logan Boulevard shall be coordinated with the Collier County
Transportation Services Department and shall be consistent with the Collier County Access
Management Policy, Resolution 92-422, as may be amended.
Section 6.7, Transportation, Add the following:
G. The developer shall dedicate required land up to twelve feet in width for a right turn lane
from Immokalee Road. The Developer shall dedicate this land as part of the Immokalee
Road right-of-way and the dedication shall not be eligible for impact fee credits. Dedication
of the land to Collier County shall be in conjunction with final subdivision plat approval or
within 180 days of any request to the developer from the County.
H. Until such time as the Logan Boulevard access point is available for use by residents of
the project, the maximum number of dwelling units permitted with access solely via
Immokalee Road (C.R. 846) shall be 300 dwelling units.
I. The Developer, his heirs, successors or assigns shall provide a fair share contribution
toward the capital cost of a traffic signal at the intersection of Logan Boulevard and
Immokalee Road when deemed warranted by the Collier County Transportation Department.
The signal will be owned, operated and maintained by Collier County.
7. Section 2.11, Landscape Buffers, Berms, Fences and Walls, amend the following:
C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of
the Rigas PUD boundary prior to preliminary subdivision plat and site development plan
submittal, however, the required landscape plans shall be submitted to the Planning
Services Department for their review and approval prior to installation.
G. Remove. Landscape buffers are not permitted within areas reserved for future right-of-
way and this regulation conflicts with Section 6.7.A.
8. Section 2.19, Signage.
Note: The petitioner is requesting deviations from the sign regulations for a substantial
variety of types of signage. Overall, staff will not support deviations from the sign code in
the absence of significant hardship. Section 2.5.5.2.4.7. of the LDC encourages creative,
flexible and uniform comprehensive sign plans providing for size, location, type, and
common architectural design standards. Sign classes and size for PUD's should be the same
as the standards found within the LDC for the zoning district the .development most closely
resembles. In accordance with the above referenced section, staff recommends the ~etitioner
submit a unified sign plan for review and approval at this time or as part of a subsec uent
PUD amendment in order to provide clearly defined regulations and standards pert un~lllinaA
signage.
- \
/=,U,3 3 1999
9
Pursuant to the above statement staff recommends the following:
1. Section 2.19 Signage, B. Boundary Markers o approve as written. Reason: the LDC fails
to adequately address boundary markers. The regulations as proposed by the petitioner
are reasonable and compatible with the area.
2. C. Entrance Signs
1. No change. The Code allows two ground or wall residential entrance or gate signs at
each entrance to a single family or multi-family development. This has been
interpreted to include entrances to individual subdivisions within a larger project.
2. Amend the square footage to be consistent with the current LDC requirements. The
Code allows ground or wall signs up to a combined area of 64 square feet.
3. Amend the setback to be 15 feet as required by the LDC.
4. Amend the measurement of the height of signs located on walls or monument, which
are constructed on a perimeter landscape berm to be the same height and measured
the same as entrance signs not located on berms.
3. D. Temporary Signs
1 - 6. Amend these sections to be consistent with the definitions and regulations as
defined in the LDC. Reason: The LDC defines temporary signs as Political signs,
grand opening signs and special events signs. Specifically the LDC defines
temporary signs as a sign intended to advertise community or civic projects or other
special events on a temporary basis. Project identification, real estate and boundary
marker signs are not considered temporary and are addressed in other sections of the
LDC. The LDC specifies specific sizes for various types of temporary signs.
4. E. Construction Entrance Signs. Staff feels this section should remain as written. The
LDC does not address specifically construction entrance signs. Identifying
construction entrances could reduce conflicts between residents of the development and
heavy trucks delivering materials to the project under construction.
5. F. 1. Infernal Signs. Amend to be consistent with the LDC. The LDC allows cjustered
signs at a maximum of 24 square feet in area for these types of signs.
2. Remove. Already permitted by LDC.
3 .Remove. Already permitted by LDC.
6. G. Recreation Center Signs. Amend as follows:
1. Signs within the recreation center shall be required to adhere to provisions of
the Collier County LDC, Division 2.5, Signs, unless a unified signage plan is
submitted and approved by the Planning Services Department Director at the time
of final site development plan approval .....
AGENDA lit '
AU6 0 3 1999
lO
PREPARED BY:
· .3(_JSAN MURRAY, AICP c/ DATE
CHIEF PLANNER
REVII~VED BY' 1 /
R~NALD F. NI~. AICP DATE
CURREN,~ PLANNING MANAGER
R , AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
Aphid BY: /7'
VFNCENT A. CAUTERO, AICP, ADMFNISTRATOR DATE
COMMUNITY DEV. & ENVIRONMENTAL SVCS. DIV.
Petition Number: PUD-99-6
Staff Report for June 3, 1999 CCPC Meeting
NOTE: This Petition has been tentatively scheduled for the June 22, 1999 BCC meeting.
COLLIER C~~~.~~SSION:
MICH s. BRL , CHAInPERSON
AGENDA ITEM
No,~.~
Pg./,~
REZONE FINDINGS FOR PETITION PUD # 99-6
Section 2.7.2.5. of the Collier County Land Development Code requires that the report
and recommendations of the Planning Commission to the Board of County
Commissioners shall show that the Planning commission has studied and considered the
proposed change in relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives,
and policies and Future Land Use map and the elements of the Growth
Management Plan.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development is in compliance with the goals,
objectives and policies of the Future Land Use Element of the Growth Management Plan
for Collier County, and all other elements, their objectives and policies.
2. The existing !and use pattern;
Pro/Con: Evaluation not applicable.
Summary Findings:
Existing: Portions of the subject site are in agricultural production and the entire site has
an Agricultural (A) zoning designation. The remaining portions are heavily vegetated.
The site presently has an Agriculture (A) zoning designation.
Surrounding:
North - Immokalee Road ROW
South - Island Walk PUD; vacant
East - Heritage Greens PUD; Golf Course, Single family/multi-family
West - Future Logan Boulevard ROW; Agricultural/Estates zoning - scattered single family residential development.
The current Agricultural "A" zoning designation allows for development of single family
residential dwelling units at a density of one (1) dwelling unit per five (5) acres. AGENOA I'
Surrounding the subject site to the south and east is existing single family and multipl, no.~
AU5 O 3 1999
12
family residential development generally developed at densities between 2.11 and 3.04
dwelling units per acre.
3. The possibility creating of an isolated district unrelated to adjacent and
nearby districts;
Pro/Con:. Evaluation not applicable.
Summary_ Findings: The site is adjacent to residential development to the south, east
and west. The proximity to adjacent developments justify a rezoning action to PUD for
residential purposes.
4. Whether existing district boundaries are i!logically drawn in relation to
existing conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
Summary Findings: The district boundaries are logically drawn. They allow for the
dedication of right_of. way for the future Logan Boulevard extension, the Immokalee
Road widening and preservation of an existing environmentally sensitive land on site.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro/Con: Evaluation not applicable.
Summary_ Findings: The proposed change is appropriately based on the existing
conditions qf the property and because it is consistent with the Future Land Use Element
of the Collier County Growth Management Plan.
6. Whether the proposed change will adversely influence living conditions in
the neighborhood;
Pro: The proposed rezoning is a logical extension of the similarly zoned parcels to the
-south and east.
Con: None.
Summary Findings: The proposed zoning amendment will not adversely affect living
conditions in the neighborhood due to the similar nature of the surrounding development.
1999
,,20
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding !and
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: (i) The proposed development of the subject property is consistent with the
provisions of the Traffic Circulation Element of the Growth Management Plan, therefore
the additional traffic generated by the proposed development should not adversely affect
the level of service standards on adjacent public roads.
(ii) Access to the subject property is by way of two arterial/collector roadways.
Immokalee Road and the future Logan Boulevard extension.
Con: Although the current level of service deficiency on Immokalec Road will be
arneli~ated by the programmed widening to 4-lanes, the sites intersection with
Immokalee Road and the restricted turning movements may cause operational problems
and traffic conflicts with residents of this project and drivers on Immokalee Road.
The Logan Boulevard extension is far ~'om being developed, as it is presently shown on
the 2020 Financially Feasible Plan in the Traffic Circulation Element. The future
signalized intersection at Logan Boulevard and Immokalee Road allow residents of the
site full turning movements onto Immokalcc Road.
Summan' Findings: Level of service problems with Immokalee Road should be
ameliorated by the programmed 4-1aning of Immokalce Road prior to the buildout of this
proj oct. However, the limited turning movements from the site onto Immokalee Road
may cause operational and safety problems for motorists. Staff has crafted stipulations,
which should help alleviate this potential problem until the Logan Boulevard extension is
built. Evaluation of this project took into account the requirement for consistency with
Policy 5.1 of the Traffic Element of the GMP and was found consistent. In the final
analysis all projects arc subject to the Concurrency Management system.
8. Whether the proposed change will create a drainage problem;
Pro: Water management improvements to accommodate site development arc designed
to accommodate the normal drainage requirement.
Con: Urban intensification always poses a threat for area-wide flooding under the most
severe rainfall event, unless countywide drainage improvements are made commensurate
with urban intensification.
Summan' Findings: Every project approved in Collier County involving the utiliza ton AGENDA IT
Of land for some land use activity is scrutinized and required to mitigate all sub-surfa !e no./,,~(',~.,_ .
14 o 3
drainage generated by developmental activities as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval. In the event area-wide deficiencies
develop, which deficiencies would be further exacerbated by developing vacant land, the
County is required to react through its Concurrency Management system.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas;
Pro/Con: Evaluation not applicable.
Summary_ 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 other apply generally and equally to all zoning districts (i.e. open space
requirement, corridor management provisions, etc.) were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas.
10. Whether the proposed change will adversely affect property values in the
adjacent area;
Pro: Urban intensification typically increases the value of adjacent vacant or
underutilized land.
Con: None.
Summary Findings: This is a subjective determination based upon anticipated results
which may be internal or external to the subject property that can affect property values.
.Property valuation is affected by many factors including zoning, however zoning by itself
may or may not affect values, since value determination by law is driven by market value.
The mere fact that a property is given a new zoning designation may or may not affect
value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary Findinlls: Application of the development standards found in the Land
Development Code combined with the administrative site development plan approval
process, should give reasonable assurance that the proposed change in zoning will not
deter the future improvement or development of adjacent property.
AGE. NOA ITEM
AU3 0 3 1999
]5
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro/Con: Evaluation not applicable.
Summary Findinps: Since consistency with the Future Land Use Element as part of the
County's Growth Management Plan is deemed to be in the public's interest, and because
the proposed rezoning action and subsequent development complies with the Growth
Management Plan, then the proposal can be deemed not to constitute a special privilege
and in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary Findings: The subject property is not undevelopable under its current zoning
designation. Surrounding properties south and east of the site are already developed with
land uses which are similarly intensive.
14. Whether the change suggested is out of scale with the needs of the
neighborhood or the County;
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development complies with the Future Land Use
Element of the County's Growth Management Plan, a policy statement which has
evaluated t~xe scale, density and intensity of land uses deemed to be acceptable for this
site.
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.
Summary Findinffs: This is a special purpose petition which involves-establishing a
density not otherwise available in an existing Agricultural zoning district.
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
Pro/Con: Evaluation not applicable. - AGENOA F
"- 0 3 1999
"""'
Pg-_.~
Summary_ Findings: The extent of site alteration will be determined as a function of
obtaining Site Development Plan approval which will be necessary to execute the PUD's
development strategy.
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 as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Application not applicable.
Summary Findings: Sanitary sewers and municipal water utilities are available to serve
the development. Review by jurisdictional staff for consistency evaluation with GMP
required levels of service advise that there is no deficiency.
AC-:Er~)A ITE~
AUG 0 3 1999
FINDINGS FOR PUD
PUD-99-6
Section 2.7.3.2.5. 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: (i) The subject site is located adjacent to existing residential
development to the east, west and south.
(ii) The subsequent development of the site will provide a logical
extension of residential development consistent with surrounding
development.
Con: (i) None.
Finding: Jurisdictional reviews by County staff support the manner and
pattern of development proposed for the subject property.
Development conditions contained in the PUD document give
assurance that all infrastructure will be developed and be consistent
with County regulations. Any inadequacies which require
supplementing the PUD document will be recommended to the
Board of County Commissioners as conditions of approval by staff
and the CCPC.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Pro/Con: Evaluation not applicable.
Findine: Documents submitted with the application provide evidence of
unified control. The PUD document makes appropriate provisions
for continuing operation and maintenance of common areas.
AGENDA ITE.V
No./~Irx~),
AUG 0 3 1999
18
Pg. ~=,~t....5"'
3. Conformity of the proposed Planned Unit Development with the goals,
objectives and policies of the Growth Management Plan.
Pro/Con: Evaluation not applicable.
Finding: The subject petition has been found consistent with the goals,
objectives and policies of the Growth Management Plan.
The subject property is designated Mixed Use Urban Residential
on the FLUE to the GMP.
4. The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements,
restrictions on design, and buffering and screening requirements.
Pro/Con: Evaluation not applicable.
Findin!~: The PUD Master Plan has been designed to optirnize internal land
use relationships. External relationships are regulated by the Land
Development Code to help assure harmonious relationships
~--- between projects.
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 Concurrency
requirements automatically triggers the mechamsm for ensuring
that future LOS degradation is not allowed or the LOS deficiency
is corrected.
See Finding No. 1, also applicable for this finding.
-- AGENDA ITEM
AU3 0 3 1999
19
7. The ability of the subject property and of surrounding areas to
accommodate expansion.
Pro/Con: Evaluation not applicable.
Findin!~: Ability, as applied in this context, implies supporting infrastructure
such as wastewater disposal systems, potable water supplies,
characteristics of the property relative to hazards, and capacity of
roads, is supportive of conditions emanating from urban
development. This assessment is described at length in the staff
report.
8. Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that
such modifications are justified as meeting public purposes to a
degree at least equivalent to literal application of such regulations.
/ Pro/Con: Evaluation not applicable.
Finding: This finding essentially requires an evaluation of the extent to
which development standards proposed for this PUD depart from
development standards that would be required for the most similar
conventional zoning district. The development standards in this
PUD are similar to those standards used for similar residential
structures.
AGENO A ITE'
20 AUG O 3 1999
2 ORDINANCE NO. 99-
2
,~ 3
4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER
5 COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE
6 COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED
7 AREA OF COLLIER COUNTY. FLORIDA BY AMENDING THE OFFICIAL
8 ZONING ATLAS MAP NUMBER 8629N; BY CHANGING THE ZONING
9 CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A"
10 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RIGAS PUD FOR
11 MAXIMUM OF 725 RESIDENTIAL DWELLING UNITS AND A MAXIMUM OF
12 10,000 SQUARE FEET OF CONVENIENCE COMMERCIAL AND RECREATIONAL
1. 3 USES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD
24 (C.R. 846), APPROXIMATELY ONE MILE EAST OF 1-75 AND ONE MILE WEST
15 OF C.R. 951, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
16 COUNTY, FLORIDA, CONSISTING OF 23Z'~ ACRES; AND BY PROVIDING AN
17 EFFECTIVE DATE.
18
19 WHEREAS, Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc., representing G.L. Homes of Naples
2 0 Associates, Ltd., petitioned the Board of County Commissioners to change the zoning classification of the herein described real
2 1 property;
22 NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Honda:
2 3 SECTION ONE:
24 The zoning classification of the herein described real property located in Section 28, Township 48 South, Range 26
2 5 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with
2 6 the Rigas PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map
27 Number 8629N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended
......
2 8 accordingly.
2 9 SECTION TWO:
30 This Ordinance shall become effective upon filing with the Department of State.
31
32 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County., FIorida~ this __ day of
33 , 1999.
34
3 5 BOARD OF COUNTY COMMISSIONERS
3 6 COLLIER COUNTY, FLORIDA
37
38
3 9 ATTEST:
40 BY:
41 PAMELA S. MAC'KIE, Chainroman
42 DWIGHT E BROCK, Clerk
43
44
45
46 Approved as to Fornl
47 and Legal Sufficiency
48
49
50
5 1 Marjone M. Student
5 2 Assistant County Attorney
53
54 PUD-99-06 ORDINANCE/
55
..
56
AGEN~A ITEId
Pg.
·
A
PLANNED UNIT DEVELOPMENT
2324- Acres Located in Section 28,
Township 48 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
G. L. HOMES OF NAPLES ASSOCIATES, LTD.
1401 University Drive, Suite 200
Coral Springs, FL 33071
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane, Suite 200
Naples, FL 34105
EXHIBIT "A"
DATE FILED 3/15/99
DATE APPROVED BY CCPC 6/3/99
DATE APPROVED BY BCC
ORDINANCE NUMBER
AGENOA ITE}'
,~U,.3 0 3 1999
p.. oq9
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE ii
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIPTION
SECTION II PROJECT DEVELOPMENT 2-1
SECTION HI RESIDENTIAL 3-1
SECTION IV RECREATION CENTER 4-1
;
SECTION V PRESERVE 5-1
SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1
EXHIBIT A RIGAS PUD MASTER PLAN (WMB&P File No. D-3166-03)
EXH1BIT B LEGAL DESCRIPTION AND PROPERTY OWNERSHIP
ii
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of G. L. Homes of Naples Associates, Ltd.,
hereinafter referred to the Developer, to create a Planned Unit Development (PUD) on 2324- acres
of land located in Section 28, Township 48 South, Range 26 East, Collier County, Florida. The
name of this Planned Unit Development shall be Rigas. The development of Rigas will be in
compliance with the planning goals and objectives of Collier County as set forth in the Growth
Management Plan. The development will be consistent with the growth policies and land
development regulations adopted thereunder of the Growth Management Plan Future Land Use
Element and other applicable regulations for the following reasons:
1. The subject property is within the Urban Mixed Use Residential District as identified on the
Future Land Use Map of the Future Land Use Element fiLE). The purpose of the Urban
Mixed Use Residential District is to provide for a variety of residential and mixed-use
developments such as Planned Unit Developments.
2. The proposed residential density of Rigas is 3.13 dwelling units per acre which is less than
the maximum density permitted by the FLUE Density Rating System and is therefore
consistent with FLUE Policy 5.1. The entire subject property qualifies for a base density of
four (4) units per acre. The proposed project also qualifies for one additional dwelling unit
above the base density, for a total permissible density of five (5) dwelling units per acre,
due to the proposed access to two arterial or collector roadways
The proposed maximum 10,000 square feet of convenience commercial and personal
service uses located in the Recreation Center, are consistent with the proposed Future Land
Use Element, PUD Neighborhood Village Center Subdistrict.
Development of convenience commercial uses authorized in this PUD shall not be
permitted until such time as the Future Land Use Element of the Growth Management Plan
providing for the PUD Neighborhood Village Center Subdistrict (Ordinance 97-67) is
determined to be legally effective as provided by Subsection 163.3189(2)6, Florida Statutes.
3. Rigas PUD is compatible with and complementary to existing and future surrounding land
uses as required in Policy 5.4 of the FLUE.
4. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
5. The development of Rigas PUD will result in an efficient and economical extension of
community facilities and services as required in Policy 3.'1. of the FLUE.
(LDC) Planned Unit Development District. I tL'3 3 1999
,-'- iii
7. Rigas PUD is planned to incorporate natural systems for water management in accordance
with their natural functions and capabilities as may be required by Objective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
8. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code.
AGED, IDA ITEM
~,.-..o~,.~o,,.,,,,,,~o~, AUG O 3 1999
~1~1-E~-23291
iv
SHORT TITLE
This ordinance shall be known and cited as the "RIGAS PLANNED UNIT DEVELOPMENT
ORDINANCE".
AUG 0 3 199
p~. ,~,3' .
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the legal description and ownership of Rigas PUD,
and to describe the existing condition of the property proposed to be developed.
1.2 LEGAL DESCRIPTION
See attached Exhibit "B."
1.3 PROPERTY OWNERSHIP
See attached Exhibit "B."
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 28, Township 48 South, Range 26 East. The
site is generally bordered on the west by Golden Gate Estates; on the north by
Imrnokalee Road; on the east by the Heritage Greens PUD, developed
residential/golf course community, zoned PUD; and on the south by Island Walk
PUD.
B. The zoning classification of the subject property at the time of PUD application is
Rural Agricultural.
C. Elevations within the site are approximately 13' above MSL. Per FEMA Firm Map
Panel No. 120067 215 D, dated June 3, 1986, the Rigas property is located within
Zone "X" of the FEMA flood insurance rate map.
D. A majority of the site has been altered through past and current agricultural uses;
however, a portion of the site does contain jurisdictional wetlands. An EIS has
been submitted, pursuant to Division 3.8 of the LDC.
E. The soil types on the site generally include fine quartz sand and organic loam. This
information was derived from the Soil Survey of Collier County, Florida.
F. Rigas contains a variety of vegetative commtmitie~, including cropland and
pastures, woodland pastures, pine flatwoods, and palmetto prairies. A detailed
vegetative inventory and map is included in the Environmental Impact ~at~n~A Iroa
attachment to the Application for PUD Rezoning packet. ~.~
AUG O 3 1999
03166-000-001*EMAP-23291
P~ .~
1-2
G. The project site is located within the Collier County Water Management District
Number 7, Harvey Basin.
1.5 PERMITTED VARIATIONS OF DWELLING UNITS
A maximum of 725 dwelling units are permitted within the Rigas PUD. This maximum of
725 dwellings may include single-family, two-family, duplex, zero lot line, patio,
townhome and multi-family dwelling unit types.
1.6 DENSITY
A. Acreage of Rigas is approximately 232 acres and the number of dwelling units
authorized to be built pursuant to this PUD is a maximum of 725. The gross project
density, therefore, will be a maximum of 3.13 units per acre.
B. At all times all property included within Rigas as described in Section 1.2 shall be
included in determining project density, including lands reserved for Collier County
road fight-of-way.
iGENDA ITE)'
A'j O 3 1999
.-
2-1
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for Rigas, and
to identify relationships to applicable County ordinances, policies, and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. Rigas will be developed as a mixed use residential community, which may feature a
full array of residential dwelling types, and a recreation center, providing for
activities such as community gatherings, recreational amenities, convenience
commercial uses and personnel services, central to commumty residents.
B,' The Master Plan is iljustrated graphically on Exhibit "A" (WMB&P, Inc. File
No.D-3166-03). A Land Use Summary indicating approximate land use acreages is
shown on the plan. The master plan is conceptual, and the location, size, and
--- configuration of individual tracts shall be determined at the time of Final Site
Development Plan and/or Preliminary Subdivision Plat approval with minor
adjustments at the time of Final Plat approval, in accordance with Section 3.2.7 and
3.3 of the LDC.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Rigas shall be in accordance with the contents of
this PUD Ordinance and applicable sections of the LDC (to the extent they are not
inconsistent with this PUD Ordinance) and the Growth Management Plan which are
in effect at the time of issuance of any development order to which said regulations
relate which authorize the construction of improvements, such as but not limited to
Final Subdivision Plat, Final Site Development Plan, Excavation Permit and
Preliminary Work Authorization. Where this PUD Ordinance does not provide
developmental standards, then the provisions of the specific section of the LDC that
is otherwise applicable shall apply. Where specific standards are specified in this
PUD, these standards shall prevail over those in the LDC.
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
,"" ' C. Development permitted by the approval of this PUD will be subject to the Adequate
Public Facilities Ordinance, Division 3.15 of the LDC. ~C/.~A ~W.M
AU6 0 3 1999
Pi~. ~?~
2-2
D. Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of other sections of the Land Development Code remain in effect with
respect to the development of the land which comprises this PUD.
E. All conditions imposed herein or as represented on the Rigas Master Plan are part of
the regulations which govem the manner in which the land may be developed.
F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Rigas,
except where an exemption or substitution is set forth herein or otherwise granted
pursuant to the Land Development Code, Section 3.2.4.
G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall
apply to Rigas, except where an exemption is set forth herein or otherwise granted
pursuant to the Land Development Code, Section 3.3.4.
H. Recognizing that the plans for development of tracts have not been designated with
a specific dwelling unit type, the type of dwelling unit which characterizes the initial
development of any platted tract shall be carried out throughout the development of
that entire tract. However, tracts platted for the purpose of establishing prototypical
model homes shall be not be required to develop with a singular dwelling unit type.
2.4 COMMUNITY DEVELOPMENT DISTRICT
A. The developer may elect to establish a Community Development District (CDD) to
provide and maintain infrastructure and community facilities needed to serve the
Project. The CDD will constitute a timely, efficient, effective, responsive and
economic way to ensure the provision of facilities and infrastructure for the
proposed development. Such infastrucmre as may be constructed, managed and
financed by the CDD shall be subject to, and shall not be inconsistent with, the
Collier County Growth Management Plan and all applicable ordinances dealing
with planning and permitting of Rigas.
B. The land area is amenable to in~'astrucmre provision by a district that has the
powers set forth in the charter of a Community Development District under Section
190.006 through 190.041, Florida Statutes. Such a district is a legitimate altemative
available both to the County and to the landowner for the timely and sustained
provision of quality infrastructure under the terms and conditions of County
development approval.
2.5 ROADWAYS
A. Roadways within Rigas may be included as one of the CDD provided infi'astmcture
improvements. Standards for roads shall be in compliance with the ' I~
provisions of the LDC regulating subdivisions unless other, vise modifi wat~ec~
or excepted by this PUD or approved during Pr'eliminary Subdivision P1 .
O 3 1999
03166-000-001-EMAP-23291
p.. 37 ._
2-3
The Developer reserves the right to request substitutions to Code design standards in
accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to
establish gates, guardhouses, and other access controls as may be deemed
appropriate by the Developer on all privately owned and maintained project
roadways and roadways built and/or maintained by the Rigas CDD.
B. Roadways within Rigas shall be designed and constructed in accordance with
Section 3.2.8 of the LDC with the following substitutions:
3.2.8.4.16. Streets and access improvements
1. Section 3.2.8.4.16.5, Street Right-of-Way Width
Street right-of-way width: The minimum right-of-way width to be utilized
for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles
serving multi-family tracts shall not be required to meet this standard.
2. Section 3.2.8.4.16.6, Dead-end Streets
,-._ Cul-de-sacs may exceed a length of one thousand (1,000) feet.
3. Section 3.2.8.4.16.8, Intersection Radii
Intersection radii: Street intersections shall be provided with a minimum of a
twenty (20) foot radius (face of curb) for all intemal project streets and a thirty-five
(35) foot radius for intersections at project entrances.
4. Section 3.2.8.4.16.10, Reverse Curves
Reverse Curves: Tangents shall not be required between reverse curves on any
project streets.
3.2.8.3.17 Sidewalks, bike lanes and bike paths
Section 3.2.8.3.17.3
The primary project entry road and loop road system shall have a minimum eight
(8') foot wide pathway on one side of the street, which may meander in and out of
the right-of-way.
Cul-de-sacs and private streets less than 300 feet shall not be required to provide
sidewalks. - AGENDA ITEM
AUG O 3 1999
2-4
2.6 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced
with the administrative approval of the Collier County Planning Services Director. All
lakes greater than two (2) acres may be excavated to the maximum commercial excavation
depths set forth in Section 3.5.7.3.1. Removal of fill and rock from Rigas shall be
administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards
maximum), unless issued a commercial excavation permit.
2.7 USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way for landscaping, decorative entrance
ways, and signage shall be allowed subject to review and administrative approval by the
Developer and the Collier County Development Services Director for engineering and
safety considerations during the development review process and prior to any installations.
2.8 MODEL HOMES/SALES CENTERS/SALES OFFICES/
CONSTRUCTION OFFICES
A. CONSTRUCTION OFFICES
1. A temporary use permit shall be granted initially for a period not to exceed
24 months in length and may be renewed annually based upon
demonstration of need pursuant to the requirements of Section 2.6.33.3. of
the Collier County Land Development Code (LDC).
2. This use may use septic tanks or holding tanks for waste disposal subject
to permitting under Rule 64E06, F.A.C. and may use potable or irrigation
wells. Offices located in permanent structures shall be required to connect
to the central utility system at the time it becomes available.
B. MODEL HOMES, SALES CENTERS AND SALES OFFICES
1. Shall be permitted principal uses throughout the Rigas PUD.
2. Model homes shall be "wet" or "dry" facilities.
a. "Wet" facilities may be occupied by a sales office and/or
representative.
b. "Dry" facilities shall be unoccupied by a sales office and/or
representative.
c. Transportation to and from unoccupied model homes shall be
provided at a sales center, which also provided required parking
and handicapped accommodations in accordance with section
2.6.33.2 of the LDC.
3. Temporary use permits for model sales centers and sales offices that are
located in permanent structures other than dwelling units, and dry model
homes shall not be required. ~ AGENDA IT//~(~
I 0 3 1999
2-5
4. Temporary use permits for model sales centers, model homes or sales
offices located in permanent structures within a dwelling unit shall be
required.
a. The temporary use permit shall be issued initially for a period of
three (3) years. Extensions in excess of this period shall require
submittal and approval of a conditional use petition in accordance
with section 2.7.4 of the Land Development Code, except where
model homes are located within a "model home row", in which
case the Planning Services Director may extend the temporary use
permit for all of the model units for a period equal to 99% Rigas
PUD product sales.
5. Temporary use permits for a sales center in a temporary structure shall
be issued initially for a period of three (3) years and may be renewed
annually based upon demonstration of need.
6. A maximum of ten (10) model homes shall be permitted within this
development prior to final plat approval as permitted above.
7. Temporary use permits for a model sales center within an existing
subdivision shall require a site plan as follows: in the case of a
permanent structure which is a dwelling unit, a Site Improvement Plan
~_.. (SIP) per section 3.3.8.4 of the LDC; in the case of a permanent structure
which is other than a dwelling unit, a Site Development Plan (SDP); in
the case of a temporary structure (mobile home or sales trailer), either a
Conceptual Site Plan (CSP) which addresses the requirements of section
2.6.33.2 of the LDC, or a Site Improvement Plan, depending on the
extent of the work required.
8. Temporary use permits for model homes to be located within a proposed
single-family or multi-family development may be approved following
administrative approval of a plat and construction drawings for all
required infrastructure encompassing the lots on which the models are to
be constructed pursuant to division 3.2, and a Conceptual Site Plan
which addresses the requirements of section 2.6.33.2 of the LDC.
Unoccupied (dry) model homes will be permitted only in conjunction
with an approved SDP for a model sales center which provides adequate
parking to support the model(s).
9. Temporary use permits for occupied (wet) model homes following
subdivision approval shall require a Conceptual Site Plan which
addresses the requirements of section 2.6.33.2 of the LDC. Temporary
use permits for unoccupied model homes following subdivision approval
shall require a Conceptual Site Plan and shall be issued only in
conjunction with an approved Site Development Plan or Site
Improvement Plan for a model sales center Which provides adequate
~ parking to support the model(s).
10. These uses may use septic tanks or holding tanks for waste di ~osal~c/_~A
subject to permitting under Rule Rule 64E06, F.A.C. and ma useso.~
AUG 0 3 1999
03166-OO0-O01-EMAP-23291
P;. ..~-/~
2-6
potable or irrigation wells prior to the availability of central utility
systems at which time a connection to the central system shall be made.
11. All other applicable provisions of the Land Development Code
pertaining to Model Homes, Sales Centers, Sales Offices and
Construction office shall apply.
2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as
provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein
may be made by the Developer in connection with any type of development or permit
application required by the LDC.
The Planning Services Director shall be authorized to approve minor changes and
refinements to the Rigas Master Plan upon written request of the Developer. The PUD
Master Plan is a conceptual plan containing approximate acreages of each land use. The
actual acreages shall be determined at the time of preliminary subdivision plat or site
development approval and shall be consistent with jurisdictional agency determinations.
A. The following limitations shall apply to such requests:
1. The minor change or refinement shall be consistent with the Collier County
Growth Management Plan and the Rigas PUD document.
2. The minor change or refinement shall not constitute a substantial change
pursuant to Section 2.7.3.5.1. of the LDC.
3. The minor change or refinement shall be compatible with adjacent land uses
and shall not create detrimental impacts to abutting land uses, water
management facilities, and conservation areas within or external to the PUD.
B. The following shall be deemed minor changes or refinements:
1. Reconfigaration of lakes, ponds, canals, preserve areas or other water
management facilities where such changes are consistent with the criteria of
the South Florida Water Management District or other applicable
jurisdictional permitting agency and Collier County.
2. Intemal realignment of rights-of-way other than a relocation of ficcess points
to the PUD, except where the access point is required by the appropriate
jurisdictional agency.
AGF. NDA
3. Reconfiguration of residential parcels when there'is no net loss o
identified as conservation or preserve.
AUG O 3 1999
2-7
C. Minor changes and refinements as described above shall be reviewed by appropriate
Collier County staff to ensure that said changes and refinements are otherwise in
compliance with all applicable County Ordinances and regulations prior to the
Planning Services Director's consideration for approval.
D. Approval by the Planning Services Director of a minor change or refinement may
occur independently from and prior to any application for Subdivision or Site
Development Plan approval, however such approval shall not consUtute an
authorization for development or implementation of the minor change or refinement
without first obtaining all other necessary County permits and approvals.
2.10 COMMON AREA MAINTENANCE
Common area maintenance will be provided by the CDD or by a Property Owners'
Association. For those areas not maintained by the CDD, the Developer will create a
property owners' association or associations, whose functions shall include provisions for
the perpetual maintenance of common facilities and open spaces. The CDD or the property
owners' association, as applicable, shall be responsible for the operation, maintenance, and
management of the surface water and stormwater management systems and reserves serving
Rigas, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution
90-292, together with any applicable permits from the South Florida Water Management
District.
2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Rigas. The following standards shall apply:
A. Landscape betins shall have the following maximum side slopes:
1. Grassed berms 4:1
2. Ground covered berms
Perimeter 2:1
Internal to project 3: 1
3. Rip-Rap berms 1: 1 with geotextile mat
4. Structural walled berms - vertical
B. Fence or wall maximum height: six feet (6'), as measured from the finished floor
elevation of the nearest residential structure within the development. If the fence or
wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in
height from the top of berm elevation for berm elevation with an average side slope
of 4:1 or less, and shall not exceed six feet (6') in height from the tc~..T; b~a:~A rrr~
elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1 u~j.~
t. 'j O 3 1999
2-8
C. Landscape buffers, berms, fences and walls may be constructed along the perimeter
of the Rigas PUD boundary prior to preliminary subdivision plat and site
development plan submittal, however, the required landscape plans shall be
submitted to the Planning Services Department for their review and approval prior
to installation.
D. Fences and walls which are an integral part of security and access control structures
such as gate houses and control gates shall be subject to the height limitations for
principal residential structures. In the case of access control structures within right-
of-ways adjoining two or more different districts, the more restrictive height
standard shall apply.
E. Pedestrian sidewalks and/or bike paths, water management systems, drainage
structures, and utilities may be allowed in landscape buffers.
F. Landscape berms located within the Rigas PUD boundary and contiguous to a
property line and/or right-of-way line may be constructed such that the toe of slope
is located on the property line and/or right-of-way line.
G. The required eastemmost property buffer shall be in accordance with the minimum
requirements of the Collier County Land Development Code except:
1. The required vegetative buffer, north of the Heritage Greens golf course
maintenance facility thence northerly along the eastern property line of the
PUD to a point of connection with the Preserve Area shall be a minimum of
fifteen feet (15') in width and shall be planted with canopy trees at an
average twenty feet (20') on-center, with a three foot (3') hedge or
berm/hedge combination.
2.12 FILL STORAGE
Fill storage is generally permitted as a principal use throughout Rigas. Fill material
generated from other properties owned or leased by the developer may be transported and
stockpiled within areas which have been disturbed/fanned. Prior to stockpiling in these
locations, the developer shall notify the County Conununity Development and
Environmental Services Administrator. The following standards shall apply:
A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence,
otherwise a 4:1 side slope shall be required.
B. Stockpile maximum height: Thirty feet (30')
C. Fill storage areas in excess of five feet (5') in height shall be located no c __.q~'u~..
three hundred feet (300') from any existing residential unit or residential nit
construction.
· AUS 0 3 1999
2-12
3. Sign face square footage is calculated by total square footage of name,
insignia, and motto only.
4. The setback from any public right-of-way and any perimeter property line
shall be 10 feet.
5. Boundary marker signage shall be ground mounted and the sign structure
is limited to a maximum height of eight feet (8').
C. ENTRANCE SIGNS
1. Two ground or wall-mounted entrance signs maybe located at each
entrance to the subdivisions within the PUD. Such signs may contain the
name of the subdivision, and the insignia or motto of the development.
2. No sign face area may exceed 80 square feet.and the total sign face area of
Entrance Signs at each entrance may not exceed 160 square feet. If the
sign is a single, two-sided sign, each sign face may not exceed 80 square
'~ feet in area. For three-sided signs, the third sign side may only face
internal to the subdivision and only the project's name, motto or insignia
may be displayed. The sign face area shall not exceed the height or length
of the wall or monument upon which it is located.
3. The setback for the signs from the public right-of-way, and any perimeter
property line shall be 15 feet.
4. Entrance signs may not exceed a height of 8 feet above the finished grade
level of the sign site. For the purpose of this provision, finished grade
shall be considered to be no greater than the highest crown elevation of the
nearest road.
D. CONSTRUCTION ENTRANCE SIGNS
1. One sign, a maximum of 20 square feet in size, shall be permitted at each
construction entrance, to identify the entrance. The sign may also advertise
employment for construction trades. No building permit is required.
- ~' AGENDA I~'EM
/,1,'3 O 3 1999
6flt99-54260 Vet, O4{-WARNOLD
2-9
D. Soil erosion control shall be provided in accordance with LDC Division 3.7.
2.13 DESIGN GUIDELINES AND STANDARDS
A. The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of relatively large tracts of land under unified ownership or control,
as set forth in the LDC, Section 2.2.20.1.
B. Rigas is a planned community and will be developed under unified control. The
Developer will establish design guidelines and standards to ensure a high and
consistent level of quality for residential units and related community features and
facilities, which include features and facilities such as landscaping, hardscape,
waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement
treatments, roadway medians, fences, walls, buffers, berms and other similar
, facilities.
2.14 PRELIMINARY SUBDMSIO1N PLAT PHASING
Submission, review, and approval of Preliminary Subdivision Plats for the project may be
accomplished in phases to correspond with the planned development of the property.
2.15 AGRICULTURAL ACTIVITIES
The site is currently used for active row crop agricultural purposes, and associated and
accessory uses thereto. These existing agricultural uses shall be permitted to continue
throughout the project site and will be phased out as development occurs within individual
parcels. All agricultural activities within the Rigas PUD shall cease within 5 years from
the date of the preliminary acceptance of infrastructure improvements for the first platted
residential tract.
2.16 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Rigas PUD except in
the Conservation Area. General permitted uses are those uses which generally serve the
Developer and residents of Rigas and are typically part of the common infi'astructure or are
considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1.
2. Water management facilities and related structures. ~'
3. Temporary sewage treatment facilities. ~ N.~.~
'! L'.j3 3 3 1999
2-10
4. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5. Guardhouses, gatehouses, and access control structures.
6. Community and neighborhood parks, recreational facilities.
7. Temporary construction, sales, and administrative offices for the Developer
and Developer's authorized contractors and consultants, including necessary
access ways, parking areas and related uses.
8. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.11 of this
PUD.
9. Fill storage subject to the standards set forth in Section 2.12 of this PUD.
10. Any other use which is comparable in nature with the foregoing uses and
which the Planning Services Director determines to be compatible.
B. Development Standards:
Unless otherwise set forth in this document, the following development standards
shall apply to structures:
1. · Setback from back of curb or edge of pavement of any road - twelve feet
(12') except for guard houses, gatehouses, and access control structures
which shall have no required setback.
2. Setback from PUD boundary: See Table 1, Development Standards
3. Minimum distance between unrelated structures - ten feet (10').
4. Maximum height of structures - See Table 1, Development Standards
5. Minimum floor area - None required.
6. Minimum lot or parcel area - None required.
7. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within adopted Rigas design guidelines
and standards, are to be in accordance with LDC in effect at the time of Site
Development Plan Approval.
2.17 OPEN SPACE REQUIREMENTS
The Collier County Land Development Code requires that mixed use projects maintain
open space at a minimum of 30% of the project area. The PUD Master Plan identifies
approximately 90-~-_ acres included in preserve, lakes, recreation tracts and buffers. These
areas, in' conjtmction with open space areas included within the Residential District, fully
satisfy the 30% open space requirements of Section 2.6.32 of the LDC for mixed use
developments. The area reserved for future Logan BoUlevard Extension shall be credited
toward meeting the project's open space requirements.
AGENDA ITEM
AUG 0 3 199
03166-O00-001-EMAP-23291
Pe,.
2-11
2.18 NATIVE VEGETATION RETENTION REQUIREMENTS
A. Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of
the Collier County Growth Management Plan, 25% of the viable naturally
functioning native vegetation on site shall be retained. Seventy-five percent (75%)
of the Code required trees and thirty-five percent (35%) of the required shrubs shall
be native species.
2.19 SIGNAGE
A. GENERAL
1. All Collier County sign regulations, pursuant to LDC, Division 2.5,
SIGNS, in force at the time of sign permit application shall apply unless
such regulations are in conflict with the conditions set forth in this section,
in which case the PUD Document shall govern.
2. For the purpose of this PUD Document, each platted parcel shall be
considered a separate parcel of land and shall be entitled to any sign as
permitted herein.
3. Signs shall be permitted in public or private rights-of-way subject to
approval of a Collier County fight-of-way permit where applicable.
4. All signs shall be located so as not to cause sight line obstructions.
_ 5. All internal project fight-of-ways may be utilized for decorative
landscaped entrance features and signage subject to review and approval
from the Planning Services Department for consistency with the
requirements set forth herein.
a. All project and development signage adjacent to and/or visible
from any dedicated County ROW shall be developed in accordance
with the LDC, Division 2.5, SIGNS.
B. BOUNDARY MARKERS
1. One boundary marker or monument may be located at each property
comer, adjacent Immokalee Road and LOgan Boulevard ~.ghts-of-way.
The boundary marker may contain the name of the subdivision, and the
insignia or motto of the development.
2. The sign face area may not exceed 64 square feet in area nd nt~ttt~twr.~
exceed the height or length of the monument upon which it loclttae~.
the sign is two-sided, each sig~'face may not exceed 64 squar feet in area.
t,U3 0 3 1999
2-13
E. INTERNAL SIGNS
1. Directional or identification signs may be allowed internal to the
development. Such signs may be used to identify the location or direction
of approved uses such as, but not limited to models or model sales centers,
club house, or recreational areas. Individual signs may be a maximum of
8 square feet per side in size, or signs maintaining a common architectural
theme may be combined to form a menu board with a maximum size of 24
square feet per side, and a maximum height of 8 feet. There shall be no
maximum number of permitted directional or identification signs.
2. Real Estate signs with a maximum size of 4 square feet per side may be
permitted in residential districts. Such signs may advertise "For Sale",
"Sold To", "Lot #", or similar verbiage. No building permit is required.
3. Grand Opening signs: The developer may display an on-site grand
/ opening sign not exceeding 32 square feet on a side, and not exceeding 64
square feet total. The banner sign shall be anchored and may be displayed
on-site for the first three months that the occupant is open for business.
F. RECREATION CENTER SIGNS
1. Signs within the recreation center shall be required to adhere to provisions
of the Collier County LDC, Division 2.5, SIGNS, unless a unified signage
plan is submitted and approved by the Planning Services Department
Director at the time of final site development plan approval. The unified
signage plan, if utilized, will indicate signage location, dimensions, and
architectural style. All signage will be of a pedestrian scale and shall be
designed in a uniform character. Signage within community recreation
tracts shall not be visible from any public road right-of-way..
G. TRAFFIC SIGNS
1. Traffic signs such as street signs, stop signs and speed limit signs may be
designed to reflect a common architectural theme. The placement and size
of the signs will be in accordance with DOT criteria.
2.20 SIDEWALKS/BIKE;PATHS
A. Pursuant to LDC Section 3.2.8.3.17 and Section 2.5 of the Rigas PUD,
sidewalks/bikepaths shall be permitted as follows:
' AGENDA iTEM
1. An internal pedestrian walkway system is permitted withil dry. age
easements.
A~,.-,
3 1999
O31ml-EMAP-23291
2-14
2. Real Estate signs with a maximum size of 4 square feet per side may be
permitted in residential districts. Such signs may advertise "For Sale",
"Sold To", "Lot #", or similar verbiage. No building permit is required.
3. Grand Opening signs: The developer may display an on-site grand
opening sign not exceeding 32 square feet on a side, and not exceeding 64
square feet total. The banner sign shall be anchored and may be displayed
on-site for the first three months that the occupant is open for business.
F. RECREATION CENTER SIGNS
1. Signs within the recreation center shall be required to adhere to provisions
of the Collier County LDC, Division 2.5, SIGNS, unless a unified signage
plan is submitted and approved by the Planning Services Department
Director at the time of final site development plan approval. The unified
signage plan, if utilized, will indicate signage location, dimensions, and
architectural style. All signage will be of a pedestrian scale and shall be
designed in a uniform character. Signage within community recreation
tracts shall not be visible from any public road right-of-way..
G. TRAFFIC SIGNS
1. Traffic signs such as street signs, stop signs and speed limit signs may be
designed to reflect a common architectural theme. The placement and size
of the signs will be in accordance with DOT criteria.
2.20 SIDEWALKS/BIKEPATHS
A. Pursuant to LDC Section 3.2.8.3.17 and Section 2.5 of the Rigas PUD,
sidewalks/bikepaths shall be permitted as follows:
1. An intemal pedestrian walkway system is permitted within drainage
easements.
2. Sidewalks may be located outside platted fights-of-ways, when located
within a separate sidewalk easement.
3. Sidewalks may be located within landscape buffers and/or easements;
however, the landscape buffer shall be increased in width by an amount
equal to the encroachment, at the ' 'point of encroachment.
The Developer reserves the right to request substitutions to Code design rt-aa~[~--"~
in accordance with Section 3.2.7.2 of the LDC. ~.~_
AUS O 3 1999
03186-O00-O01-EMAP-23291 }R
3-1
SECTION III
RESIDENTIAL
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas within
Rigas designated on the Master Plan as "R", Residential.
3.2 MAXIMUM DWELLING UNITS
A maximum of 725 approved residential dwelling units may be constructed on lands designated
"R," Residential on the PUD Master Plan.
3.3 GENERAL DESCRIPTION
Areas designated as "R," Residential on the Master Plan are designed to accommodate a full range
of residential dwelling types, general permitted uses as described by Section 2.16, a full range of
recreational facilities, essential services, and customary accessory uses.
The approximate acreage of the area designated as "R", Residential is indicated on the PUD Master
Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the time of Site Development Plan or Preliminary
Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the
LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other
similar uses found in residential areas.
3.4 PERMI_TTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or
part, for other than the following:
A. Principal Uses:
1. Single Family Attached and Detached Dwellings, Townhomes.
2. Single Family Patio and Zero Lot Line Dwellings.
3. Two-family and Duplex Dwellings.
4. Multi-Family Dwellings including Coach Home and Garden Apa~crnents.
5. Model Home Center including offices for project administration,
construction, sales and marketing. - AC. ENDA ITF.~
AUG O 3 1999
3-2
6. Recreational facilities such as parks, play grounds, and pedestrian/bikeways
7. Any other principal use which is comparable in nature with the foregoing
uses and which the Planning Services Director determines to be compatible
in Section HI, Residential.
B. Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal uses
permitted in this district, including swimming pools, spas and screen
enclosures, recreational facilities designed to serve the development, and
essential services.
2. Any other accessory use which is comparable in nature with the foregoing
uses and which the Planning Services Director determines to be compatible
in the area identified as Residential on the PUD Master Plan.
3.5 D~VELOPMENT STANDARDS
A. Table 1 sets forth the development standards for land uses within the Rigas PUD
Residential area.
B. Site development standards for single family, zero lot line, patio home, two-family,
duplex, single family attached and town home uses apply to individual residential
lot boundaries. Multi-family standards apply to platted parcel boundaries.
C. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Rigas design guidelines and standards, are
to be in accordance with the LDC in effect at the time of Site Development Plan
Approval. Unless otherwise indicated, required yards, heights, and floor area
standards apply to principal structures.
D. Development standards for uses not specifically set forth in Table I shall be in
accordance with those standards of the zoning district which is most similar to the
proposed use.
E. In the case of residential structures with a common architectural theme, the required
property development regulations of Table 1 may be reduced, provided a site
development plan is approved by the Planning Services Director or his designee, in
accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3
of the LDC. Within these types of developments, housing structure types including
lot orientation may be mixed within the same development tract provided
appropriate setbacks to meet minimum fire codes are provided between the lots or
tracts in accordance with Table I. Compliance with this criteria ~
03166--000-001 -EMAP-23291 ~
! ,._
3-3
demonstrated by the submittal of architectural schematics and building elevations,
signed and sealed by an Architect registered in the State of Florida.
F. During the Platting process, the developer shall identify the specific housing type
intended for each platted tract.
G. Detached dwelling unit types shall be subject to the below architectural duplication
rules:
1. No identical homes shall be placed next to each other (i.e. same floor
plan with the same exterior color scheme)
2. No more than three (3) of the same floor plan may be placed next to
each other.
3. No more than three (3) of the same color scheme may be may be placed
next to each other.
H. Only detached dwelling unit products shall be constructed in the development parcel
abutting the westem property boundary of the Heritage Greens PUD, north of the
Heritage Greens golf course maintenance facility.
· .
,..- A U 0 3 1999
O31~-~I-E~P-23291
Pl.~
3~4
TABLE 1
RIGAS PUD
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREA
SINGLE FAMILY PATIO.9 & TWO FAMILY/ SINGLE FAMILY MULTI FAllfLY
DETACHED ZERO LOT LINE DUPLEX ATTACHED/ DWELLINGS
TOWNHOME*8
Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF '4 3,500 SF NA
Minimum Lot Width '5 40 35 35 35 NA
Front Yard Setback
(Principal and Accessory) 20*3 20*3 20*3 20*3 20*3
Front Yard for Side
Entry Garage 12 10 10 10 12
Rear Yard Setback
(Principal) * 1 10 I 0 10 10 15
Rear Yard Setback
(Accessory)* 1 5 5 5 5 5
Side Yard Setback 5 .I 0or5'6 0or5'6 0or5 *6,7 NA
Maximum Height '2 35 35 35 35 50
Floor Area Minimum (SF) 1200 SF 1000 SF 1000 SF 1000 SF 800 SF
Minimum Distance Between 15 feet .5 SBH or 15 feet
Principal Structures 10 5 or 10 5 or 10 '7 '7
B__H: Building Height
SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements.
Front yards shall be measured as follows:
A. If the parcel is ser~'ed by a public or private right-of-way, setback is measured from the adjacent right. of-way line. Sidewalks shall be located within the right-
of-way.
· 1 - With approval of Design Review Cornmitxee, rear yard setbacks for principal structures on lots which abut, lake, open space, or preserve area. Setback from lake
for all accessory uses may be 0'.providing architectural bank tream'~ent is incorporated into design and subject to written approval from Design Review Cornmince and
Project Plan Review.
'2 - Building height shall be the vemcal distance measured from the first habitable finished floor elevation to the midpoint of the roofiine of the structure.
'3 - Units with side en~'y garage may have a 12' front yard setback. Units with front enwy garage must have a minimum 20 foot front yard setback.
· 4 - Each halfofa duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F.
'5 - Minimum lot w~dth may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained.
· 6 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten
foot (10') yard. Zero foot (0') yards may be used on either side of a structure provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures
may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is
used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Dept. with the application for the first bldg. Pertrot. This plan
will be used to determine the 10 foot spacing requirevnent between structures.
· 7 Distance between principal slxuctures not inclusive of garages.
· 8-Townhome is a group of a three or more single family dwelling units attached to each other by a single cornrn~ wall or roof wherein each unit has direct exterior access
(inclusive of garage access) and no unit is located above another, and each unit is completely separated from any otber(s) by a rated firewall, and wherein the land may be
subdivided into individual lots, be held in cornmort ownership, or any combination thereof.
· 9-Patio Home is a detached or semi-detached unit for a single family with one <1) dwelling unit from ground to roof wherein each dwelling -'° '~' '~}L~)~{.~~u
located at the lot line, thus creanng a private yard between the house and the wall. _ A
AUG O 3 1999
OJ166-O04M)O1-EMAP-23291
pg. ~x"3' ._
4-1
SECTION IV
RECREATION CENTER
4.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for areas within
Pigas PUD designated on the Master Plan as REC, "Recreation Center."
4.2 GENERAL DESCRIPTION
The approximate acreage of the Recreation Center is indicated on the Master Plan. This acreage is
based on conceptual designs and is approximate. Actual acreages of all development tracts will be
provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in
accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Center is
designed as a mixed use area which will accommodate a variety of active recreational and personal
services ibr Pigas residents and guests.
4.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or
part, for other than the following:
A. Recreational facilities and structures such as pools, fitness facilities, clubhouses,
community buildings, playgrounds, playfields, and tennis courts.
B. A maximum of 10,000 square feet of gross building area may be utilized for a
variety of convenience commercial and personal service uses including, but not
limited to, real estates sales offices, restaurants, delicatessen, convenience market,
satellite banking, auto washing, postal station, and beauty salon. Any other personal
service facility of a similar nature to those listed above shall be authorized by the
Collier County Planning Services Department Director.
C. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal uses
permitted in this district.
2. Any other accessory use which is comparable in nature with the foregoing
uses and which the Planning Services Director determines to be compatible
/--- in the Resort/Village.
AUS 0 3 1999
0316~-(X)0-CX)I -EN~AP-2379 t
4-2
4.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. From Yard: Twenty-five feet (25')
2. Side Yard: Fifteen feet (15').
3. Rear Yard: Fifteen feet (15').
4. Setback from a lake (or conservation area) for all principal and accessory
uses may be zero feet (0') provided architectural bank treatment is
incorporated into the design.
B. Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
C. Maximum height of structures - Fifty feet (50); except clock towers or similar
architectural features, which shall be permitted up to sixty-five feet (65 ').
D. Minimum distance between principal structures - Ten feet (10') or greater if
required by local fire codes at time of development.
E. Minimum distance between accessory structures - Ten feet (10').
F. Parking for uses and structures constructed in the Recreation Center: one (1) space
per 300 square feet
5-1
SECTION V
PRESERVE AREA
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the area
within Rigas designated on the Master Plan as "P", Preserve Area.
5.2 GENERAL DESCRIPTION
Areas designated as "P", Preserve Area on the Master Plan are designed to accommodate
conservation, passive recreation and limited water management uses and functions. The
approximate acreage of the Preserve Area is indicated on the Master Plan. This acreage is based on
conceptual designs and is approximate. Actual acreages of preserve areas will be provided at the
time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with
Division 3.3, and Division 3.2 respectively, of the LDC.
5.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in
whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Boardwalks and nature trails (excluding asphalt paved trails), shelters.
2. Water management facilities, with approval by Collier County
Environmental and Engineering Review.
3. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and which the Planning
Services Director determines to be compatible in the Conservation Area.
5.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements
1. From PUD or external
Development tract boundary: Fifteen Feet (15 ')
From Internal tract boundary: Ten Feet (10')
/
AGEI',I:)A I"'IT, M
5' 14/99-54260 Vet 02! -WARNOLD
AUG 0 3 1999
5-2
2. From Lake/Preserve: Zero Feet (0')
B. Maximum Height of Structures: Twenty-five Feet (25')
6-1
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the Palgas
project.
6.2 PUD MASTER DEVELOPMENT PLAN
A. All facilities shall be constructed in accordance with the final site development
plans, final subdivision plans and all applicable State and Local laws, codes and
regulations except where specifically noted.
B. The PUD Master Plan (Exhibit A) is an iljustration of the conceptual development
plan. Tracts and boundaries shown on the plan are conceptual and shall not be
'~' considered final. Actual tract boundaries shall be determined at the time of
preliminary subdivision plat or site development plan approval.
C. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all utilities.
6.3 ENGINEERING
A. Except as noted herein, all project development will occur consistent with
Division 3.2 and 3.3 of the LDC.
6.4 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer. Potable water and sanitary
sewer facilities constructed within platted rights-of-way or within dedicated
County utility easements shall be conveyed to Collier County, pursuant to Collier
County Ordinance 88-76, as amended, except as may be provided in Section 2.4
of this document.
B. Upon completion of the utility facilities, they shall he tested to insure they meet
Collier County's utility construction requirements in effect at the time
construction plans are approved. AC.,E~ ~XEM
AUG 0 3 1999
6-2
C. All customers connecting to the potable water and sanitary sewer system shall be
customers of the County, except as may be provided in Section 2.4 of this
document.
6.5 WATER MANAGEMENT
A. In accordance with the rules of the South Florida Water Management District, this
project shall be designed for a storm event of a 3-day duration and 25-year return
frequency.
B. An Excavation Permit will be required for the proposed lakes in accordance with
Division 3.5 of the Collier County LDC. All lake dimensions will be approved at
the time of excavation permit approval.
C. The Rigas concei~tual surface water management system is described in the
Surface Water Management and Utilities Report which has been included in the
PUD Rezone application materials.
D. The Public Works Engineering Department and the Collier County Stormwater
Management Department shall review and approve the project's Water
Management System for compliance with the Harvey Drainage Basin.
6.6 ENVIRONMENTAL
A. ' A mitigation plan for impacts to jurisdictional wetlands will be submitted during
the subdivision platting and/or site development plan review process to insure that
jurisdictional impacts are mitigated pursuant to Collier County, DEP, ACOE, and
SFWMD Rules.
B. In accordance with SFWMD Rules, the hydroperiod of large contiguous areas of
preserved wetlands will be enhanced by setting water management control
elevations at levels which will maintain wet season control elevations, while
providing flood protection for residential development.
C. Wetland buffers shall be provided in accordance with Army Corps of Engineers
and South Florida Water Management District rules.
D. An exotic vegetation removal, monitoring and maintenance plan for the site, with
emphasis on the conservation/preservation areas, shall be submitted to Current
Planning Environmental Staff for review and approval prior to
plan/construction plan approval. A schedule for exotic veg'~tation remo' al
AUG 0 3 1999
o,,~00,oo,-E~o-,,2,. Pi. ,5""'r~'
all conservation/preservation areas shall be submitted with the above-mentioned
plan.
E. A non-exclusive conservation easement or tracts shall be established on the plat
for areas identified as Preserve on the PUD Master Plan, in accordance with
Section 3.2.8.4.7.3 of the Collier County Land Development Code.
6.7 TRANSPORTATION
A. The developer will provide for a reservation of land up to 125 feet in width along
that portion of the project that abuts the future Logan Boulevard corridor. Any
required landscape buffer for the development shall be located outside the limits
of said reservation. In the event the land is donated to the County, the developer
may be eligible for impact fee credits as permitted by the Road Impact Fee
! Ordinance. If dedicated to the County, dedication of this land shall occur within
120 days of any request to the developer from Collier County, once under the
equitable control of the developer. The fight-of-way reservation shall not be
utilized in meeting the minimum landscape buffer requirements for the PUD.
B. The developer will provide for a reservation of land of 50 feet in width along the
northern property boundary to accommodate the programmed Immokalee Road
four-laning improvements. Dedication of this land to Collier County shall be in
conjunction with final subdivision plat approval of the first phase of development
or within 120 days of any request to the developer from the County, once under
the equitable control of the developer, whichever is earlier. In the event the land
is donated to the County, the developer may be eligible for impact fee credits as
permitted by the Road Impact Fee Ordinance.
C. The PUD Master Plan depicts a conceptual access location to Logan Boulevard.
The ultimate access location to Logan Boulevard shall be coordinated with the
Collier County Transportation Services Department and shall be consistent with
the Collier County Access Management Policy, Resolution 92-422, as may be
amended.
D. All project access points shall be consistent with the Collier County Access
Management Policy, including rum-lane specifications. Access to the project
from Immokalee Road shall be restricted to right-in/fight-out and left-in only,
until such time that connection to Logan Boulevard occurs, or other access
~_, configurations are deemed appropriate by Collier County Transportation Services
: Staff.
AUS 0 3 1999
03166-800'O01*EMAIa'23291
6-4
E. Arterial level street lighting shall be provided by the developer at all project
entrances, prior to issuance of a certificate of occupancy, with the exception of the
permitted model center.
F. If any of the entrances are to be gated, the gates and gatehouse shall be designed
and located so as not to cause vehicles to be backed up onto Immokalee Road and
the future Logan Boulevard.
G. The Developer, his heirs, successors or assigns shall provide a fair share
contribution toward the capital cost of a traffic signal at the intersection of Logan
Boulevard and Immokalee Road when deemed warranted by the Collier County
Transportation Department. The signal will be owned, operated and maintained
by Collier County.
H. The developer shall dedicate required land up to twelve feet in width for a right
mm lane from Immokalee Road. The Developer shall dedicate this land as part of
the Immokalee Road fight-of-way and the dedication shall not be eligible for
imtiact fee credits. Dedication of the land to Collier County shall be in
conjunction with final subdivision plat approval or within 120 days of any request
to the Developer from the County, once under the equitable control of the
developer.
I. A pedestrian/golf cart interconnect to the Heritage Greens PUD shall be permitted
as indicated on the PUD master plan.
t AU3 0 3 1999
l, /
Petition Number
--- Date
APPLICATION FOR PUBLIC HEARING
FOR lIEZONE AND CONDITIONAL USE REQUESTS '
PUBLIC HEARING BEFORE COLLIER COUNTY
COMMUNITY DEVELOPMENT DIVISION
PLANNING SERVICES
1. Name of Applicant(s): G.L. Homes of Naples Associates, Ltd.
Applicant's Mailing Address: 1401 University Drive, Suite 200
City: Coral Springs State: FL Zip: 33071
Applicant's Telephone Number: Phone: (954) 753-1730 Fax: (954)753-4509
Is the Applicant the owner of the subject property? ED Yes D~D No
a) If applicant.is a land trust, so indicate and name beneficiaries below.
If applicant is a corporation other than a public corporation, so indicate
b) and name officers and major stockholders below.
If applicant is a partnership, limited parmership or other business entity, so
c) indicate and name principals below.
If applicant is an owner. indicate exactly as recorded, and list all other
d) owners, if any.
If applicant is a lessee, attach copy of lease, and indicate actual owners if
e) not indicated on the lease.
If applicant is a contract purchaser, attach copy of contract, and indicate
X f) actual owner(s) name and address below.
Please see attached Exhibit "A", Legal Description and Property Ownership
(If space is inadequate, attach on separate page.)
2.' Name of Agent: Donald W. Arnold, AICP
Firm: Wilson, Miller, Barton & Peek, Inc.
Agents Mailing Address: 3200 Bailey Lane, Suite 200
City: Naples State: FL Zip: 34105'
f--- Agent's Telephone Number: (941) 649-4040
,.
! AUG 0 3 1999
-1-
hx 1 Q~rp.~n:~QO-FGCO- I q332
3. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
APPLICATION (If space is inadequate, attach on separate page. If request involves
change to more than one zoning district, include separate legal description for property
involved in each district. If property is odd-shaped, submit copies of survey (1" to 400'
scale).
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL
DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION,
AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED.
SECTION: 28 TOWNSHIP: 48 South RANGE: 26 East
Please see attached Exhibit "A," Legal Description and Property Ownership
4. Size of Property: ft. x ft. Acres: 232+
5. Address or location of subject property: South side of Immokalee Road,
approximately 1.25 miles east of 1-75
6. ExiSting Land Elevation: County Flood Criteria Elevation: Zone X
7a. Date subject property acquired or leased ~; day of
, 19
7b. If Petitioner has option to buy, indicate date of option: September 1997 and February
1999.
and date option terminates: July 1999 ~
8. Does property owner own contiguous property to the subject property? If so, give
complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page.)
No
9. This application is intended to cover: (Check which type of petition you are requesting):
[5i3 A. Rezoning:
Present Zoning: A-Rural Requested Zoning: PUD
Agricultural
for: Residential Planned Development
E53 B. Conditional Use: of:
Zoning for:
10. Reason why application should be approved. (Attach additional sheets if necessary, i: ~C..E~.~ Ii
Please see attached narrative statement, Exhibit "B"
AUG 0 3 1999
-2-
,,,~-,.0s. v~ o, ,-,~,~.~o,t, p~.
11. Is proposed use prohibited by deed restrictions? ['~ Yes ~ No
If yes, provide copy of the deed restrictions.
12. Is this request a result of a violation? [55] Yes ~i~ No
If so, to whom was the notice served?
13. Has a public heating been held on this property within the last year? No
If so, in whose name?
14. Are there existing structures on the property? Yes, mobile home and farm
equipment storage
TYPe: cBs U'I, FRAM~ El, MOBm~ HOrn I'1, OTHER ~
1999
AFFIDAVIT
I, Lawrence R. PortnoV, Vice President~ G.L. Homes of Naples Associates, LTD.,
being first duly sworn, depose and say that G.L. Homes of Naples Associates, LTD. is the
contract purchaser, in part, and owner, in part, 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, and all sketches, data, and other supplementary matter attached to and made
a part of this application, are honest and true to the best of my knowledge and belief. I
traderstand this application must be complete and accurate before a hearing can be
advertised. I further permit the tradersigned to act as my representative in any matters
regarding this Petition.
S' e of Contract P ,:; Signature of Agen~
Lawrence R. Pormoy '; Donald W. Arnold, AICP
Vice President Manager of Planning
G.L. Homes &Naples Associates, LTD. Wilson, Miller, Barton &Peek, Inc.
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing Application was acknowledged before me this /dT~day of
1999, by Lawrence R. Pormoy, Vice President, G.L. Homes of Naples Associates, LTD, who is
pers~wn to me Gr-':'hc ~' .... '~""ed as idenn~catiu,~ and who
did ke an oath.
(S|ifiaix~i 5 q~otar~ Public)/} ff ~;v COMMISSION# CC61544S EXP,RES
STATE OF FLORIDA ;":::2~: ' :"~:~'~"~ .....: .............."s-
COUNTY OF COLLIER
The foregoing Ap lication was acknowledged before me this/.f~/" day of ~./t.-c/_,-/.._-
1999, by_ :"-~_L,~' U--; ~P/~;-'%'.',-~ .-'( ,/~Y__ho is pers~n~iiy ~~r whG has
produced ;ss ~e~ an~l~v~o didOaid n~)'~ake an oath.
%,,'
EXHIBIT "B"
LEGAL DESCRIPTION AND PROPERTY OWNERSHIP
Parcel I- The West ~ of the Northeast ¼ ofthe Northeast ¼ of the Northwest ¼ of Section
28, Township 48 South, Range 26 East, Collier County, Florida less the North 100 feet thereof.
Parcel II - The West ~ of the Southeast ¼ of the Northeast ¼ of the Northwest ¼ of Section
28, Township 48 South, Range 26 East, Collier County, Florida.
Parcel III - The East ~ of the Southeast ¼ of the Northeast ¼ of the Northwest ¼ of Section
28, Township 48 South, Range 26 East, Collier County, Florida.
Parcel IV - The West ¼ of the East ~ of the Southeast ¼ of the Northwest ¼ of Section 28,
Township 48 South, Range 26 East, Collier County, Florida.
/
Parcel V - The East ~ of the Southeast ¼ of the Southeast ¼ of the Northwest ¼ of Section
28, Township 48 South, Range 26 East, Collier County, Florida.
Parcel VI - The East ~ of the Southwest ¼ of the Southeast ¼ of the Northwest ¼ of Section
28, Township 48 South, Range 26 East, Collier County, Florida.
Parcel VII - The Northwest ¼ of the Southwest ¼ of the Southeast ¼ of the Northwest ¼ and
the East ¼ of the Southwest ¼ of the Southwest ¼ of the Southeast ¼ of the Northwest ¼ of
Section 28, Township 48 South, Range 26 East, Collier County, Florida.
Parcel VIII - The West ~ of the Northwest ¼ of the Southeast ¼ of the Northwest ¼ of Section
28, Township 48 South, Range 26 East, Collier County, Florida.
Parcel IX - The East ~ of the Northeast ¼ of the Southwest ¼ of the Northwest ¼ of Section
28, Township 48 South, Range 26 East, Collier County, Florida.
Parcel X - The North ~ of the Northwest ¼ of the Southwest ¼ of Section 28, Township 48
South, Range 26 East, Collier County, Florida.
Parcel XI - The West ~ of the Northwest ¼ of the Northeast ¼ of the Southwest ¼ of Section
28, Township 48 South, Range 26 East, Collier County, Florida.
Parcel XII - The East ~ of the Northwest ¼ of the Northeast ¼ of the Southwest ¼ of Section
28, Township 48 South, Range 26 East, Collier County, Florida.
AUG
t
Parcel XIII - The Northeast ¼ of the Northeast ¼ of the Southwest ¼ of Section 28, Township
48 South, Range 26 East, Collier County, Florida.
Parcel XIV - The South ~ of the Northwest ¼ of the Southwest ¼ of Section 28~ Township 48
South, Range 26 East, Collier County, Florida.
Parcel XV - The South ~ of the Northeast ¼ of the Southwest ¼ of Section 28, Township 48
South, Range 26 East, Collier County, Florida.
Parcel XVI - The Southwest ¼ of the Southwest ¼ of Section 28, Township 48 South, Range:
26 East, Collier County, Florida.
Parcel XVII - The West ~ of the Southeast ¼ of the Southwest ¼ and the West 'A of the
Southeast ¼ of the Southeast ¼ of the Southwest ¼ of Section 28, Township 48 South, Range 26
East, Collier County, Florida.
Parcel XVIII o The Northeast ¼ of the Southeast ¼ of the Southwest ¼ of Section 28, Township
48 South, Range 26 East, Collier County, Florida.
Parcel XIX - The East 'A of the Northwest ¼ of the Southeast ¼ of the Northwest ¼ of Section
28, Township 48 South, Range 26 East, Collier County, Florida.
Parcel XX - The East '/a of the Southeast ¼ of the Southeast ¼ of the Southwest ¼ of Section
28, Township 48 South, Range 26 East, Collier County, Florida.
Parcel A - The West '/2 of the Southwest ¼ of the Southwest ¼ of the Southeast ¼ of the
Northwest ¼ of Section 28, Township 48 South, Range 26 East,-Collier County, Florida,
excepting those oil and mineral fights of record previously reserved and subject to the reservation
of fight of way easements in, upon and under the Weste~y 30' feet of described premises, and in,
upon and under the 60' feet nmning West to East, beginning at the aforementioned easement,
165' feet to the Easterly line of premises herein conveyed, at a line which is midway betwe6n the
North and South line of the parcel herein described.
Parcel B - The East '/: of the Southeast ¼ of the Southwest ¼ of the Northwest ¼ of Section
28, Township 48. South, Range 26 East, excepting therefrom the North 100' feet thereof, Collier
County, Florida. ',
Parcel C - The West '/a of the Southeast ¼ of the Southwest-¼ of the Northwest ¼ of Section
28, Township 48 South, Range 26 East, excepting those oil and mineral rights previously
reserved, and subject to the reservation of right of way easement, in, upon and under the
.... AGENDA ITE~
AUG 0 3 1999
o~,66-o,o.oo,-vus-m~. pj.
30' feet of described premises for the usual purposes of ingress and egress and for possible future
roadways, utilities, and services for public use.
Parcel D - The East '¼ of the East ~ of the Southwest ¼ of the Southwest ¼ of the Northwest
¼ of Section 28, Township 48 South, Range 26 East, Collier County, Florida.
Parcel E - The West ¼ of the East ~ of the Southwest ¼ of the Southwest ¼ of the
Northwest ¼ of Section 28, Township 48 South, Range 26 East, Collier County, Florida.
PROPERTY OWNERSHIP :
Parcel I: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel II: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel III: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel IV: Constantine J. Rigas~ Trustee of the Constantine J. Rigas Trust
Parcel V: Constantine J. Rigas; Trustee of the Constantine J. Rigas Trust
Parcel VI: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel VII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel VIII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel IX: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel X: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel XI: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel XII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel XIII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel XIV: C_onstantine J. Rigas, Trustee of the Constantine J. Rigas Trust
ParceI XV: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel XVI: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel XVII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel XVIII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust
Parcel XIX: G.L. Homes of Naples Associates, Inc.
Parcel XX: G.L. Homes of Naples Associates, IncZ
Parcel A: Betty M. Fratarcangelo & Louis C. Capasso
Parcel B: Ghassoub & Mary Frangie
Parcel 'C: Lester J. Richards
Parcel D: Janis Bell Sharpe
Parcel E: Fred Reisman
- AGENDA ITEM
,--- .......................... NY'lcl EF:IISVI~I Clfla ~ '
EXECUTIVE SUMMARY
TO AMEND ORDINANCE 89-83, SUMMERWOOD PUD, TO ADDRESS EXOTICS
REMOVAL REQUIREMENTS
OBJECTIVE: To determine whether the amended governing ordinance (89-83) for Summerwood
PUD (also known as Timberlake Club at Summerwood) contains a scrivenor's error within Section
Three, Paragraph 3.7 (B.). Within Section 3~7 RECREATION, OPEN SPACE, BUFFER AREAS &
LANDSCAPING, it is noted that "No trees other than exotics shall be removed from the buffer
area." Further, if this language is determined to be a scrivenor's error, to obtain County Commission
approval for amendment changing this language to "No trees or other exotics shall be removed from
the buffer."
CONSIDERATIONS:
The Summerwood PUD (R-81-23C) was originally approved by the Board of County Commissioners
on 12/1/81 as Ordinance 81-91. Neighboring residents met with the Developer prior to approval and
gained concessions which included a buffer between the planned units and their properties.
Actual development of this site did not begin until 1988, with the submission of a revised site
development plan (SDP), dated 10/26/88, reconfiguring the buffer area, among other elements.
"" These changes were approved by staff and the revised SDP was accepted in early 1989. Construction
began, prompting concerns from residents of neighboring Coconut Creek Estates who had agreed to
the elements of the original SDP, but who were not privy to changes made during the amendment
process.
During subsequent meetings between staff, the developer (GMA), and Coconut Creek Estates
residents, and a public hearing conducted by the BCC on 3/21/89, a number of measures were
discussed to mitigate the neighbors concerns. These measures were presented to the BCC in the form
of a 16-item I~st, titled" Response to Primary Requirements." Item No. 11 of this document states
"GMA agrees that the buffer should remain in its natural state and agrees that no trees or other
exotics should be removed from the buffer area." At the 3/21/89 meeting, the Board voted
unanimously to have Staff initiate the PUD amendment process with the "Responses to Primary
Requirements" and site plan with the site plan being subject to Staff approval.
When the final draft of the amended ordinance was reviewed by Staff, the language allowing exotics
to remain in the buffer area was changed to "no trees other than exotics shall be removed from the
buffer area," presumably reflecting staffs understanding of existing exotics ordinances. The final
draft of the amended PUD (Ordinance No. 89-83) was reviewed by Marjorie M. Student and signed
by Burt L. Saunders on 11/28/89, after extensive discussion by Board members.
In a memorandum dated May 27, 1999 from the County Attorney's Office, Melissa Vasquez
responded to a Request for Legal Services on this issue that the Board's decision to accept the
"Responses to Primary Requirements" was made, in part, upon the ?ecommendation of'then County
,/.... Attorney, Ken Cuyler, who stated that it was not necessary to remove the exotics from the buffer.
The Memorandum is attached to this Executive Summary and includes a footnote explaining the
County Attorney's opinion.
I fi U G 0 3 1999
Current Actions:
In response to a complaint regarding Brazilian peppers behind 3 Ester Street (in Coconut Creek
Estates), Code Enforcement staff conducted a site visit to the Timberlake development (a.k.a.
Summerwood PUD) on September 16, 1998. Staff observed exotic plants growing and opened a
case.
Code Enforcement staff worked with the Timberlake property managers and Association Board
members and reached an agreement to remove the exotic plants in the buffer area in early 1999,
based on the approved development ordinance. Prior to the planned removal date (3/15/99) a letter
was sent to surrounding neighbors advising them that exotic removal work would commence in the
buffer area.
Timberlake Board members were subsequently contacted by Coconut Creek Estates resident, Debra
Cully, in reference to prior discussions about the buffer. Timberlake Association Board members
have cooperated with Code Enforcement and are willing to remove the exotics (Brazilian pepper and
Melaleuca) existing in the buffer, but would like the apparent misunderstanding about whether these
exotics are permitted to stay (or not) to be resolved before proceeding.
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT: The rezone of this property was Completed in 1981. The
plan at the time included an exotic removal program for Brazilian Pepper and Melaleuca. The
proposed change would not be consistent with the current Growth management Plan.
RECOMMENDATION: Staff recommends removal of exotics from the site but that a buffer be
installed in order to bring the Summerwood PUD into compliance with the Growth Management
Plan and the Land Development Code. To accomplish this, staff recommends implementing a
phased schedule for the exotic removal of Brazilian Pepper and Melaleuca over a 10 year period. In
response to the buffer concerns of the Coconut Estates residents, an altemate vegetation material can
be planted by the Estates Association to provide a screen currently being created by the exotics.
Additionally, the Timber Lakes Association should be required to restore and maintain the required
wax myrtle and ticus plantings to enhance the buffer area between the two developments.
r
/
/
PREPARED BY: _ · '~' -~' - ~'. < ,--- /' ' -' ' ..... Date: '
Alexandra Sulecki, Envirotimental Specialist I
REVIEWED BY: f/~?dj--~ ~"N4' Date: ~7.-1,~ - ~ ~
Michelle Edwards Arnold, Director
APPROVED BY: , . '~'~ Date: ?~/~ ' '~ ~
Vincent A. Cautero, Administrator
Community Development & Environmental Services Division
A~A
O
MEMORANDUM
FROM: Melissa A. Vasquez, Assistant County AttomSe~3 ' ' '~ '
DATE: 'May 27, 1999
RE: Exotic Plants in the Buffer Area in the Summerwood PUD; a/k/a Timberlakes;
RLS No. CED 990326-13
Please accept this memorandum as a follow up to our discussions regarding the above
referenced issues. As you know, the issue of whether or not Timber Lake Club at Summerwood
is exempt from the requirements of the exotic vegetation ordinance has been debated on several
occasions. The landowners adjacent to the Summerwood development claim that the Board of
County Commissioners guaranteed them that exotics could, and would, remain in the bu. ffer area
forever. The language of the Summerwood Planned Unit Development CPUD") Oi'dinance
however indicates that exotics in the buffer area should be removed. Specifically, Section 3.7(o)
of Ordinance No. 89-93, states, "[n]o trees other than exotics shall be removed from the buffer
area."
The property owners rely on the minutes of the April 18, 1989 Board meeting in supporl
of their position that the Board's intent was to allow the exotics to remain in the subject buffer
area. Specifically, on April 18, 1989, Attomey Kathleen Passidomo, representing GMA
Development Corporation, the developer of Timber Lake Club at Summerwood, presented the
Board with a site plan. The stated purpose of the site plan was to initiate a development
amendment to the Summerwood PUD and to allow the developer to continue construction while
the amendment process proceeded. According to AUomey Passidomo, the item was initially
presented to the Board on March 21, 1989, but was not resolved due to concerns raised by the
neighbors regarding the removal of exotics from the buffer area.
Ms. Passidomo indicated that she had met with the neighbors on several occasions since
that Board meeting and the neighbors agreed to the site plan as presented with the inclusion of a
16 item list entitled, "Response to Primary Requirements." That list contained a provision
allowing exotics to remain in the buffer area. The Board voted unanimously to have Staff initiate
the PUD Amendment process with the "Responses to Primary Requirements" and site plan with
the site plan being subject to Staff approval. It appears from the minutes of the meeting that this
decision was based, at least in part, upon the opinion of the then County Attorney, Ken Cuyler,
who stated that it was not necessary to require removal of the exotics from the buffer. This
opinion was based upon, (1) the circumstances of the case; (2) the belief that the PUD pre-dated
11
AGF_.~A I'TEI~
~./,~,C~ [
0 3 1999
the exotics ordinances; and (3) the fact that there is a specific provision in the PUD allowing
exotics to remain in the buffer area.
As you know the final version of the PUD does not contain the specific provision
regarding exotics as outlined in the "Responses to Primary Requirements." It is my belief that
Staff reviewed the draft PUD language which allowed exotics to remain in the buffer area and
deemed that language inconsistent with the existing exotics ordinance. The change was therefore
made.
Thereafter, when the Summerwood PUD returned to the Board for final approval on
November 28, 1989, the language allowing exotics to remain did not appear in the final PUD
approved by the BCC. Interestingly, the Board did extensively discuss the issue of exotics at that
meeting and at least two commissioners expressed a desire to have the exotics remain in the
buffer area. The unanimous opinion of the Board, however, approves a PUD with the language
requiring the removal of the exotics.
Based upon the foregoing facts, staff has a good faith argument that the Commissioners
were aware of the language of the PUD as it currently is written and approved and adopted that
language. In contrast, however, it does appear that the residents have some valid points
regarding the Commission's desires to have the buffer area remain in tact.
As for your direct question as to what the legal staff would recommend, it is my position
that this is an administrative decision. As stated above, I believe the County, as well as the
residents, have valid arguments for their respective positions.
I hope this has been responsive to your inquiry. If you have any questions please do not
hesitate to contact me.
MAV/cc
cc: David C. Weigel, County Attomey
i The original PUD was enacted in 1981. An exotic vegetation ordinance w. as, however, enacted in 1979. The
belief that exotic vegetation removal was not required at the time of the initial PUD in 1981 may be due to the fact
that when the new Zoning Ordinance was adopted in 1982, exotic vegetation removal requirement was inadvertently
left out. 'As a result, Ordinance 82-37, was adopted requiring exotic vegetation removal. it appears ~,t d~ck,,~l[~lll~ iTEM ....
Attomey's opinion was based upon his belief that the exotic vegetation removal was not ~ ~
recfuired ant the option
of the 1982 ordinance which occurred after the 1981 Summerwood PUD. '
AUG O 3 1° 29
APRXL 28, 3989
Attorney Xathleen Paseidomo, ,presentlAg GMA Developant
Corporation, dmvmlolxer of TJmbmr lake Club at Sumrwood, preNnt~d
th~ Com~isalon with m r~vis~i mite piss, noting that the purl~ of
th~ herring on N&rch 21, 1989, m to obtain -p~rov~l for p2~nning
Nrvic~s to initiate a d~vmlolmnt mn~smnt to the Ssmamrwo~i P~D tad
to allow ~urthmr construction while the smndmmnt proms wu
occurring. She noted that the hearing m never z.~ol vmd due to 3usa
concerns of the neighbors. She iu~lcated that during the lut few
weeks, she has sot on nmserons occnsions with the neighbors and have
8greed to certain changes to the site plan, adding that the imx3x>ee
thin hearf~g resulted from the continuation of the preyisis bearJ~g
to allow planning services to initiate ss mndsent to the lq3D and at
the sam also to 81Jew the continuation of co~struction. She etated
that the Response to Pre%i-/nary Requiresouts Docuaeote is a list of
lasts that were rmsslved with the neighbors that the petitloDer endor-
see. She indicated that these roquiments should becom pears of the
FUD 8sendmnt in order to satisfy the neighbors concerns. She noted
that she would like to have Staff revise these requlrtmts during
process of the PTJD mudmot and in the lotsrim0 the dmlo~er would
like to continue construction. She stated that the 16 lasts are not
se30r lasso that would effect the location of buildings or the struc-
ture of the sits plan, adding that the only change that night be m
consideration is moving the road further to ~e east. b noted that
the other c~ncsrn/s that the neighbors d/d not a~zt Ua removal of
the exotics in the b~ffer zone sad the resainder of the items are
additions. She 8ta~ed that she would like concurrence of the
Commission to continue construct/on.
Mr. Tom Beaver, 345 Bather Street, representing the Coconut Creek
Property Owners Association, stated that the Association feels co&for-
table with the final drawing sad specifications that have been pce-
AGENDA iTEM
AUB O 3 1999
APRZT- 18, 1989
.. elated this date, He anted that they have reviewed all 16 item mad
have no reservations atmut all·lag the developer to move forward with
construction as long as these item are incorporated into the PgD
decant.
Ibm. Deborah Culley, 303 EIther Street° etated that they have ant
with the Developer and ha has been very cooperative, midlag that they
are in agreeMat with regards to the "EIepense for Primary
~aquiremente". She indicated that there are no prohim as long
these requizwats are incorporated into the PI2D document. She ateted
time if there is s change in the future, they would like to be
Comlssloe4r Eftriders stated that the procedure st this point
should be to proceed with the i~D amendseat and to stlpelats that the
IS items in the 'Response to Primary RequireMats" he included In the
FUD ~s well as the revised ·its plan.
Cmxnt7 attorney Cuyler stated that on the eReslxm~e to Primary
Isquirement8", there are · couple of item that are between the dew'-
leper sad tim property mmer with regard to Item 15 and 16, adding
that these will ant be incorporated late County documents. EI anted
time with regards to item 2, it will have to be reviewed by Staff
prior to being incorporated in the i~D ant.
Ia. Pseeidomo etated that she m assured that the lqlJk proms
mid take a fairlT short tim and the developer will start his
construction ere the buildings are to he located and in the Man-
time, these its can be reviw~md by the 8tiff,
Crusty Attorney CuTler listed that all r apeled co4atruction will
be in accordance with the site plan that ha8 been el;proved by the
County Attorney Cuyler elated that with regard to Item il, the
!mffer area, it is hie opinion that it is not necessary for the County
to require the developer to remove the exotics from time hffer area.
He stated that be has looked at this issue and because of the cir-
camstances of this case and the fact that the PUD predates the
AGENDA ITEM
03
tic· ordinance along with the fact that there is · specific pro~lsion
in the FUD, the C~ty will not f~nd it necessary to require the
ioper to reso~re the ex~ttce.
CosaJmmioaer Volpe stated that be ~ld 2ike the sotion to
the 8tlp~lation that the mite plon be subject to final review by
Staff.
tim Immml m lie fm~t that If t2sa~s mare amy cibmmemm, lira, CQ2~oT led
CIaTimd mmmexlmommlT0
Im mlca
Public Services Administrator O'Donnell stated that he Is asking
for ipprovml with regards to the form mid concept of thie agreement ms
· rem~lution m to be adopted ·fret appropriate pmblication and
legal notice. He noted thet this property 18 comoniy referred to u
the Ile·th Property which le pert of the Xmmokslem Ccam~nity Park
system. Be indicated that the exchange will con·let of approximately
14 acres, adding that an analysis warn perforx. ] by WIlson, MIller,
· mrton, 8oll I Peek, Inc. thet indicated that tim IMalldlngm comld be
rmihxrbimhed and converted Into appropriate recremtlonmi fecilitimm.
Is indlceted that the cost would be slightly in maceme of $600,000 and
It m proposed that this be done over 3 flmc·l ~marm, commencing with
fienil y~ lg90. He noted that these facl/Jtlee ell1 Inclxnlm · ~
mawlure, lndumtrlel ~te room, cover walkwmyl, locker r~m, iralight
A6F. NOA ITEM
-- o s [ss9
19417740225 ~)LINTY ATTORNEY 66? P02./09 ~ 26 '99 10:48
Jfovember 28, ZgBg
mt~, ~t ~ ~tl~ mll ~n M m ~ter
for or ~t ~8 ~tit~On ~ no ~r~ ~
A~A I~
AUG O 3 1999
see ramfining rmmomsd ut~3 the~e is mmetidug there tm rw~lm ~
~ at ~t~ ~ t~ tam m 80 to ~ fWt tall, (~i~
~ tiZe .~ C2erk to ~ kaN). S~ ~t~ ~t e~ ~ ~ p~blm
t~ ~~ to mt h~ l~ zsea.
~t It ~t mm lm~ b ~t/cm tMre, t~t Is ~t ~ mrs.
~t of ~ ~~ W t~ mti~7 AttO~ ~i~
~ It ~ a mtp of ~ ~t ~e m bNe~ rune k~ ~-~- A~A I~
AU6 0 3
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0 3 1999
667 P06/09 APR 26 '99 i0:50
1941?740225 COUNTY ATTORNEY
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· Sl:allZ~llOOD 'FTAIll) tm=T B)B%I~OI~21Terr BIle IICTZ011 Z -
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AU9 g 3 1999
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AC.,EN{)A ITEA4
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19~17740225 C04],rT7 ATTD~,[Y 667 [~38/~39 ~c~ 26 '99 10:50
NOVEMBER 28. XeS9
...,.
I. GMA ag:m to do no ~ IN:nine of debt':Ls aC t-he
following:
X. (3MA ~ tD (==estZm~c an e~%: foot CSS vaZl
alonq the Meat side of the pt'o~e4t as
the revised site pXan aCracbed~. '2920 wall
w~,11 be paLJ~dd oil its West: 8A&e · colm- of Jcr.
2. mea will plant rive
wax es ~n~ ~.he Wes~ eL· of taae wall per
sPec:J.~m~aous on rabe
band pJ, cgted a31d u clom to rout feet J.n heLfhC
as poaL!cda.
n. wit· regazd ~o ~h· wall
=2be w~ s~de oe= ·_very ~ f~ e~ M~d ~11.
~i~.
o. ~- ~ vtil ~ i~ a
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- A~A ITEM
-2-
1999
-3- AGEINN)A IT~ld
AUg O 3 1999
I ORDINANCE 99-
2
3 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NUMBER
4 81-91, AS AMENDED ESTABLISHING "SUMMERWOOD PLANNED UNIT
5 DEVELOPMENT" BY AMENDING THE SCRIVENER'S ERROR IN
6 SECTION THREE: DEVELOPMENT COMMITMENTS, PARAGRAGH 3.7,
7 RECREATION, OPEN SPACE, BUFFER AREAS & LANDSCAPING,
8 SUBSECTION B; PROVIDING FOR CONFLICT AND SEVERABILITY;
9 PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF
10 LAWS AND ORDINANCES; PROVIDING FOR EFFECTIVE DATE
11
12 WHEREAS, the Board of County Commissioners approved Ordinance Number 81-91,
13 which established the Summerwood Planned Unit Development (PUD); and
14 WHEREAS, the Board of County Commissioners approved Ordinance Number 89-83
15 amending certain sections of Ordinance Number 81-91 including that which addresses the removal
16 of exotics within the recreation, open space, and buffer areas; and
I'7 WHEREAS, the property owners of Coconut Creek Estates and Devetbpers of
18 Summerwood PUD agreed to certain concession relating to the development of the project including
19 maintaining the buffer of exotics located between the two developments; and
20 WHEREAS, a review of the Board of County Commissioner meeting minutes of the
21 original PUD adoption hearing revealed that it was the Commissioner's intent to allow an exception
22 to the exotics removal requirement for buffering purposes; and
23 WHEREAS, the adopted ordinance did not contain the intended exception to the exotics
24 removal requirement; and
25 NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
26 Collier County, Florida:
27 SECTION ONE:
28 Ordinance Number 89-83, Section Three, Development Commitments, Paragraph 3.7,
29 Recreation, Open Space, Buffer Areas & Landscaping, Subparagraph B shall be amended as follows:
30 3.7 RECREATION, OPEN SPACE, BUFFER AREAS &LANDSCAPING
31 A. The project sponsor agrees to provide a minimum of
32 0.33 acres within the boundary of Summerwood for a neighborhood
33 park. Additional acreage for recreationa.1 facility development may
34 be needed by the future residents of this project. The land occupied
I--'--35 by the sanitary treatment plant shall be used for private recreational'
!6 facility development at the time of and upon connection of the cen ~,~1 AC, F.~A IXF. M
37 collection system to a County or Municipal owned regional systerr No./,.~.)
e, are deleted; words underlined are added. AUG 0
pe.
1 B. A natural vegetation buffer area along the west
2 property line shall be provided as shown on the revised master
3 development plan. No trees or other than exotics shall be removed
4 from the buffer area.
5 C. A ten (10) gallon size wax myrtle hedge shall be
6 planted along the buffer area on the west property line according to
7 the revised master development plan and the hedge shall be allowed
8 to grow to full height.
9 D. Three (3) gallon size ticus plants shall be planted with
10 the irrigation in the four areas as shown on the revised master plan
11 with natural opening in the buffer area as shown on the revised
12 master development plan.
13 SECTION TWO: CONFLICT AND SEVERABILITY
14 In the event this Ordinance conflicts with any other ordinance of Collier County or other
15 applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held
16 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
17 separate, distinct, and independent provision and such holding shall not affect the validity of the
18 remaining portion.
19 SECTION THREE: INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND
20 ORDINANCES
21 The provisions of this Ordinance shall become and be made a part of the Code of Laws and
22 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
23 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article" or
24 any other appropriate word.
25 SECTION FOUR: EFFECTIVE DATE.
26 This Ordinance shall become effective upon filing with the Department of State.
27 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
28 County, Florida, this __ day of .; 1999.
29
AGENOA IT~m:M
Words .... '-
............ ~,.. are deleted; words underlined are added. /~,UG 13 3 ~9C19
2
pg. /7
2 ATTEST: BOARD OF COUNTY COMMISSIONERS
3 DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
4
5
6
7 By: By:
8 Deputy Clerk PAMLEA S. MAC'KIE, CHAIRWOMAN
9
10
11 Approved as to form and legal sufficiency:
12
14
15 Melissa A. Vasquez
16 Assistant County Attorney ~)
17
18
19 '~':'
Words a~-'-~,: t,hz~ugh are deleted; words underlined are added.
3
EXECUTIVE SUMMARY
AMEND THE RENTAL REGISTRATION SECTION OF THE COLLIER COUNTY
HOUSING ORDINANCE TO REFLECT ADMINISTRATIVE IMPROVEMENTS TO
THE PROGRAM.
OBJECTIVE: To obtain Board approval of a proposed amendment to the Collier County
Housing Ordinance to incorporate improvements to the administration of the program.
CONSIDERATIONS: Ordinance 89-06, The Collier County Housing Ordinance, was amended
in 1996 to include a new section requiring the registration of rental dwelling units with an
assigned agent for local contact in the event there is a violation to one or more County Codes.
The Program has been implemented for two years and there are several issues in the
administration of the program that has been identified as in need of clarification.
The following modifications are being recommended for the Rental Registration portion of the
Collier County Housing Ordinance:
1. Adding language requiring the registration of all rented dwellings and dwelling units in
Collier County.
2. Clarifying who may serve as local agent or operator as well as what the requirements and
responsibilities of these individuals are.
3. Adding the requirement of a written agreement between the property owner and agent to
serve as the owner' s authorization and the agent' s acceptance of the responsibilities set forth.
4. Adding language specifying the intended terms, expiration, renewals and transfers of
certificates.
· Certificates are good for one year
· All expire on August 31 st of each year
· A transfer or supplemental certificate may be issued to reflect changes in
information. If the County is not notified within 10 days of the change, the
certificate will no longer be valid.
5. Adding language pertaining to under what circumstances certificates would be revoked or
canceled.
· If any information is found to be false or fictitious
· Should payment be dishonored by a financial institution
The majority of the changes are proposed for clarification and as a matter of housekeeping.
There have been approximately 3,500 individual certificates issued at one time or another since
the implementation of this program. Since January 1999 we have only received 50 renewals.
The Code Department has recently gone live with a computer modular that will gen~ :rate annual
a~ !G 0
rene\~ai notices and delinquent notices when warranted. This modular will also create a case
when someone fails to renew. With this reminder in the system we feel that we will have better
compliance.
Development Services Advisor, Co~ittee (DSAC) Reco~endation: The DSAC he~d the
proposed changes on M~ch 3~d, March 30th, and April 7th and recommended the ~endment be
forwarded to the Board with a recommendation of approval with a modification to Section Six to
note that the registration would not be applicable to homesteaded property.
The language remains that the requirements would apply to "All dwellings ~d dwelling units in
Collier County that are being rented" because pressably homesteaded units would not be
rented.
FISCAL I~IPACT: Approval of the proposed amendment will result in an increase in Rental
Registration Program revenue of approximately $15,000 in the first year it is effective. This
revenue is reflected in the FY 00 Tentative Budget for the Code Enforcement Department in the
MSTD General Fund (111).
GRO~VTH MANAGEMENT IMPACT: None
RECOMMENDATION: Approve the proposed amendments to the Rental Registration section
of the Minimum Housing Ordinance.
PREPARED BY: f.f~_/~' ~z2_...---~ DATE: ~7.~?--
Michelle Edw~ds ~old, Director
Code Enfprcement Dep~ment
APPROVED BY: ~"'fj'~T (,"/c ,,'__~? DATE: 7 ~ ~ ~
Vincent A. ~utero, AICP, Administrator
Community Development & Enviromental Services Division
AUG 0 3 1999
~ Pg:
ORDINANCE NO. 99-
1
2 AN ORDINANCE AMENDING ORDINANCE NO. 89-06, THE COLLIER
3 COUNTY HOUSING ORDINANCE AS AMENDED BY ORDINANCE 96-
4 76, BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO
5 SECTION SIX ENTITLED RENTAL DWELLING UNITS
6 REGISTRATION REQUIREMENTS AND PROCEDURES, TO
7 ESTABLISH A ONE TIME ANNUAL RENEWAL DATE, ESTABLISH
8 FEES, AND CLARIFY PROCEDURES; SECTION TWO, LIBERAL
9 CONSTRUCTION; SECTION THREE, INCLUSION IN THE CODE OF
10 LAWS AND ORDINANCES; SECTION FOUR, CONFLICT AND
11 SEVERABILITY AND SECTION FIVE, EFFECTIVE DATE.
12
13 WHEREAS, within the jurisdiction of Collier County, Florida, there are or may be dwellings
14 and dwelling units which are unfit for human habitation and use due to inadequate maintenance,
15 obsolescence or abandonment and which contain defects which increase the hazards of fire, accident,
16 or other calamities, and which by reason of the lack of maintenance, inadequate ventilation,
17 inadequate light and sanitary facilities, or other conditions render such dwellings dwelling units
18 unsafe, unsanitary, dangerous and detrimental to the health, safety, and general welfare of the
19 community; and
2O WHEREAS, experience and accepted national housing surveys have clearly demonstrated
21 that such conditions result in a large measure from improper maintenance, inadequate sanitary
22 facility, overcrowded conditions in residential occupancies, building and premise, and from general
23 neighborhood neglect; and
24 WHEREAS, such unsafe and unsanitary conditions can be improved and often eliminated or
25 prevented through adopted and enforced housing standards, resulting in the upgrading of living
26 conditions and an overall enhancement of the general health, safety and welfare of all residents and
27 property. owners of the community; and
28 WHEREAS, experience and national housing surveys also demonstrate that the above
29 conditions occur with greater frequency in the rental dwelling unit situation especially because of the
30 absentee landlord; and
31 WHEREAS, Collier County adopted Ordinance 89-06, as amended, to address this concern
32 and has been requiring the registration of rental dwelling units for over'one year and have found
33 some areas of the process in need ofclafi~cation;
34 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
35 COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: NAo~_~
Words :t.~ck '.~rs.::g~ are dclcted~ v,'ords underlined are added.
-1- AUG 0 8 1999
F,g.
~ SFC'r~,"~x c~NV~ AMENDMENTS TO SECTION SIX, RENTAL DWELLING UNIT
2 REGISTRATION REQUIREMENTS AND PROCEDURES.
3 S. cc.t~on Six entitled "Rental Dwelling Unit Registration Requirements and Procedures" of
4 Ordinance No. 96-76, the Collier County Housing Ordinance, is hereby amended to read as follows:
5 SECTION SIX. RENTAL DWELLING UNIT REGISTRATION REQUIREMENTS AND
6 PROCEDURES.
7 All dwellings and dwelling units in Collier County that are being rented must obtain a
8 registration certificate with Collier County Community Development and Environmental Services
9 Division registering each rental dwelling unit in accordance with this section.
10 1. REGISTRATION OF RENTAL DWELLINGS REQUIRED - The ownerf~ of any
i 1 rental dv.'elling or rental unit shall register each rental dwelling with the Collier County. Community
12 Development and Environmental Sen'ices Administrator, or his designee, and shall designate an
13 individual or entity as the "Local Agent" or Operator for the registered rental dwelling or dwelling
14 unit: for 0h .... ;~.~...A .~.,~, A ....,: .....~.~ ~.~, ~. ........4.,~ r ......
~ 15 pro'.' ng ...... to ..... r ....................~, ........p ................,
16 the. te.'r,,z ^r ,h;~ n.A; ..... ,,~ ~.~ ~ ....,', c ............ c ,~.;~ c,.~; ......~,^, .... Count'
19 h.^~-~- ;~ ..~.;,-,~-~A; ...... ~ .......;.h .~.; .....;~. Registration shall be made prior to the use or
20 occupancy of any rental dwelling or rental unit.
21 2. APPLICATION FOR REGISTRATION PROCEDURES - Application for registration shall
22 be made in such form and in accordance v. ith such instructions as may be provided by the
23 Community Developtnent and Environmental Senices Administrator, or his designee, and include at
24 a minimum the following information:
25 a. T~,.e name .................. ~q. ........
26 l~a. The name and addresses and telephone numbers of all owners of the rental
27 dwelling.
28 oh. The name, local address and telephone number of the responsible Local
29 Agent or Operator.
,..-- 30 tic. The number of rental units in each dwelling and the address of the rental
31 dwelling.
32 tad. The name and address of any mortgage holder.
gUG 0 :t 1999
Words ..... ~. ,h ....}' are deleled~ ~.'ords undtn'lined are :dded
.............. e-..
-2-
1 l~.c stra',ion ........ pr:or ........... occupancy of any, ...............
5 3. LOCAL AGENT OR OPERATOR - The local at~ent or operator shall be a person or
6 representative of a corporation, parmership, firm, joint venture, trust, association, organization or
? other entity, having his or her place of residence in the County and shall be designated by the owner
8 to operate such premises in .... ~; .......;,k ,~ ~r ,k;, n,,~; ..... accordance with the
~- ....~ .................Fo;'isicns .................
9 following; provisions: , ,t~,e C;;T, Cr ms}' act ............~, ....sc ....
11 so issued ~,~t~ ~,~ ,~ .....~ ,~ ~. ....~.~.: ....,.a .....,t. ........r .....
12 a. Local Agent or Operator Requiremenls - The Local Agent or Operator must
13 be an individual who resides v,'ithin Collier County and is a minimum
14 years of a~c; A local business entity possessing a Collier County
15 Occupational License who is registered with and known by the Florida
16 Department of State; or the property owner, provided he/she is a resident of'
17 Collier CounW. A real estate allent or broker of the owner shall not be
18 deemed a "Local AF, enr' for purpose of this section unless said r~a[ estate
1-9 agent or broker is regislered in accordance with [his section.
20 b. Duties and Responsibilities - The desiKnated Local Agent or Operator shall at
21 all times ensure the rental dwelling unit, for which heYshe is responsible, is in
22 compliance with all Collier County Codes and Ordinances. The Local A~ent
23 or Operator shall be vested with the authority to receive notices of violation
24 and shall be vested with the authority to consent to access to such residence
25 to duly authorized public officials conducting inspections necessary to ensure
26 compliance with the terms of this Ordinance. All official notices ofviolation
27 of this Ordinance issued to the Local Agent or Operator shall be deemed
28 have been issued upon the owner of record.
29 c. Property Owner and Local Agent AKreement - Any person(s) or entin,
30 desiKnated by the property owner(s) to act as Local Agent or Operator must
31 accept the duties and responsibilities, as set forth in this Ordin:
32 acceptance shall be indicated by writlcn a~cemen[ by and h ..tween the
AUG 0 3 1999
Words slm~i~-4a4~ ir~ ddcled; words underlined ar~ added.
-3-
1 property owner(s) and the named Local Agent. or Operator, which shall be
2 du]~,'noted on the apphcation for Rental Dwelling Unit Registration.
3 Withdrawal of such an agreement shall result in revocation of said
4 registration. Failure to provide said agreement shall be grounds to refuse
5 issuance of Rental Dwelling Unit Registration.
6 4. TERMS, EXPIRATION, RENEWALS AND TRANSFERS - Rental dwelling and
7 rental unit registrations shall be issued for a period of one (1) year. Said registration shall be
8 updated annually on or before August 31st. Should a change occur in ownership or Local Agent or
9 Operator information, a transfer or supplemental registration shall be filed with the CommuniW
10 Development and Environmental Service Division within ten (10) days of such change by the
11 property owner(s). Any change in ownership or Local Agent or Operator information without notice
12 to the County shall result in revocation or cancellation of said registration and shall be deemed a
13 violation ofthis Ordinance.
14 5. REVOCATION / CANCELI. ATION - The Collier County Community
15 Development and Environmental SeB'ices Division Administrator, or his designee, may revoke or
16 cancel a reL~istration should it be found that any information contained on the registration is false or
17 fictitious. Additionally, revocation of said registration will result should payment of fees be
18 dishonored by a financial institution Revocation or cancellation of registration shall constitute an
19 unregistered rental dwelling unit.
20 SECTION 'BVO. LIBERAL CONSTRUCTION,
21 This Ordinance shall be liberally construed to effectuate its public purpose.
22 SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
23 The provisions of this Ordinance shall become and be made a part of the Code of Laws and
24 Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
25 relenered to accomplish such, and the word "ordinance' may be changed to "section", "article", or
26 any other appropriate word.
27 SECTION FOUR. CONFLICT AND SEVERABILITY.
28 In the event this Ordinance conflicts with any other Ordinance of Collier County or other
29 applicable law, the more restrictive shall apply. If any phrase portion of the Ordinance is held
30 invalid or unconstitutional by any cour~ of competent jurisdiction, such portion shall be deemed a
31 separate, distinct and independent provision and such holding shall not affect the validity
32 remaining portion
AUG 0 3 1999
Words ..... t. ,~, .....
........... ~,, ~ deleted; v,'ordi undolined arc added.
Po. ,,.
separate, distinct and independent pr,~', ~i.r. 2::: suck holding shall not affect the validity of the
remaining portion
SECTION FIVE. EFFECTBE DATE.
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this day of 1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'K/E, CHAIRWOMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
ASSISTANT COUNTY ATTORNEY
AUG 0 1999
Words ,_~_.,,u_ *_'h. rc'_'~ ~ deleted; words underlined ar~ uldcd,
EXECUTIVE SUMMARY
PETITION OSP-99-01, R. BRUCE ANDERSON OF YOUNG, VAN ASSENDERP &
VARNADOE, P.A., REPRESENTING GULF COAST BUILDING ASSOCIATION,
REQUESTING APPROVAL OF OFF-SITE PARKING FOR PROPERTY DESCRIBED
AS LOT 46, CYPRESS WOODS ESTATES PLAT #2, TO SERVE THE EXISTING
BUSINESSES LOCATED AT 3838 NORTH TAMIAMI TRAIL, SECTION 22,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
The petitioner requests approval of 31 off-site parking spaces to serve the existing Gulf
Coast National Bank building.
CONSIDERATIONS:
Gulf Coast National Bank is an existing bank and offices at the intersection of Tamiami
Trail North and Cypress Woods Drive. One hundred fifty nine parking places exist on
site, as required by Code, therefore, the bank is not required to add more spaces.
However, the petitioner states that the bank parking lot is overcrowded and the
additional off-site parking is proposed to alleviate this situation. The proposed parking is
to be for tenants, thereby allowing customers to park closer to the building.
At the Planning Commission meeting, several residents of the neighborhood spoke
about concerns with traffic and encroachment of commercial uses into an established
residential neighborhood. Vehicles use Cypress Woods Drive as a "cut-through"
between Goodlette Road and US 41. The Petitioner proposed elevated crosswalks
between the north and south parking lots, both for the safety of pedestrians, and for
their traffic calming effects. The Petitioner also agreed to a "no left turn" sign at the exit
from the north parking lot and a "no right turn" sign at the exit from the south parking lot
to deter additional traffic along the residential portion of Cypress Woods Drive.
FISCAL IMPACT:
Approval of this petition will have no direct fiscal impact on Collier County.
GROWTH MANAGEMENT IMPACT:
The Petition is consistent with the Iocational criteria of the Growth Management Plan as
recently amended, and with the amended Land Development Code criteria fnr the
Commercial Professional Transitional district. AGENOA ITEM
AUG 0 3 1999
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is not located within an Area of
Historical and Archaeological Probability as referenced on the official Collier County
Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey
& Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission heard this petition at its meeting of May 20,
1999, and by unanimous vote, recommended that the Board of Zoning Appeals approve
petition OSP-99-01, subject to the stipulations in the Resolution.
PREPARED BY:
FRED ~CHL DATE
SENIOR PLANNER
REVIEWED BY:
R~NALD F. NINO, AIGP DATE
GURRENT PLANNING MANAGER
R DATE
PLANNING SERVICES DIRECTOR
APPROVE,I~ BY:
VINGENT A. GAUTERO, AIGP, ADMINISTRATOR DATE
GOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVIGES DIVISION
executive summary/OSP-99-01
AGENDA ITEM
· 2 AUG 0 3 1999
Pl- ~
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: FRED REISCHL
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: APRIL 20, 1999
RE: PETITION OSP-99-01
OWNER/AGENT:
AGENT: R. Bruce Anderson
Young, van Assenderp & Varnadoe, PA
801 Laurel Oak Drive, Suite 300
Naples, FL 34108
OWNER: Gulf Coast Building Association
3838 North Tamiami Trail
Naples, FL, 34103
REQUESTED ACTION:
The petitioner requests approval of 31 off-site parking spaces to serve the existing Gulf
Coast National Bank.
GEOGRAPHIC LOCATION:
The subject property is located east of the existing bank (3838 North Tamiami Trail)
along Cypress Woods Drive, legally described as Lot 46, Cypress Woods Estates Plat
#2.
AGENDA ITE'
AUG 0 3 1999
PURPOSE/DESCRIPTION OF PROJECT:
Gulf Coast National Bank is an existing bank and offices at the intersection of Tamiami
Trail North and Cypress Woods Drive. One hundred fifty nine parking places exist on
site, as required by Code, therefore, the bank is not required to add more spaces.
However, the petitioner states that the bank parking lot is overcrowded and the
additional off-site parking is proposed to alleviate this situation. The proposed parking is
to be for tenants, thereby allowing customers to park closer to the building.
SURROUNDING LAND USE & ZONING:
Existing: Undeveloped, wooded lot; zoned RSF-4
Surrounding: North: Cypress Woods Drive ROW, across which
is an undeveloped lot; zoned RSF-4
East: Single family house; zoned RSF-4
South: Single family house & undeveloped lot;
zoned RSF-4
West: Gulf Coast National Bank; zoned C-1/T With
a Conditional Use for a bank
GROWrTH MANAGEMENT PLAN CONSISTENCY:
Section 2.3.4.11 of the LDC requires that off-site parking in a residential district shall
serve water-related uses, or shall meet Iocational requirements for commercial uses as
identified in the Future Land Use Element of the Growth Management Plan:
a. The subject parcel must be bounded on both sides by improved commercial
property or commercial zoning consistent with the Future Land Use Element
or commercial property granted an exemption or compatibility exception as
provided for in the Zoning Re-Evaluation Ordinance and should not exceed
200 feet in width, although the width may be greater at the discretion of the
Board of County Commissioners. Uses that meet the intent of the C1FF
district are only required to be bounded on one side by improved commercial
property or consistent commercial zoning or commercial property granted an
exemption or compatibility exception as provided in the Zoning Re-Evaluation
Ordinance;
b. The proposed use must not generate in excess of five percent of the average
daily traffic on abutting streets; and
c. The proposed use must not exceed a floor area of 25,000 square feet.
The first criterion requires that the subject parcel be bounded on two sides by
.,-...., commercial zoning, or on one side if the use is consistent with the C1FF district.
: Automobile parking is a permitted use in the CIFF district, therefore the par~ ~1 T.~,E4~NDA~TEM '
that criterion. No.~
AUG 0 3 1999
2
p¢. /-//
Transportation analysis has determined that the proposed use as a parking lot will not
generate additional traffic, it will just accommodate parking for existing vehicles.
The requirement that the floor area not exceed 25,000 square feet is not applicable
because the proposed use is for a parking lot and not a commercial building.
In conclusion, if the Board of County Commissioners finds that this interpretation of the
Iocational criteria of the commercial under criteria provision is appropriate for purposes
of this petition, the off-site parking petition would be consistent with the FLUE of the
GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
required.
TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL IMPACT:
This petition has been reviewed by all of the appropriate County agencies assigned
jurisdictional oversight, none of which have offered any objection to the approval of this
petition, subject to the stipulations contained in the Resolution and Off-Site Parking
Agreement.
ANALYSIS:
There are seven requirements, which must be satisfied in order to be granted approval
of off-site parking. These requirements are as follows:
a. All of the lots are under the same ownership.
Gulf Coast Building Association owns the subject lot.
b. No off-site parking space is located further than 300 feet from the
building or use they are intended to serve, measured by the shortest
feasible walking distance, unless special circumstances exist under
Section 2.3.4.11.5.
Some of the proposed parking spaces are located further than 300 feet from
the bank (approximately 305 feet), however; they will be designated as
employee (tenant) parking.
c. The lots are not separated by an arterial roadway as designated in the
Traffic circulation Element of the Growth Management Plan. AGENDA
The proposed parking is contiguous with the existing parking. No,_Z
AUG 0 3
3
d. At least 67% of the required parking for the development is located on
the lot with the principal structure unless special circumstances exist
under Section 2.3.4.11.5.
One hundred percent of the required parking is located on the existing bank
lot.
e. The off-site parking will serve an existing structure or land use.
The proposed off-site parking will serve the existing bank.
f. Where off-site parking is proposed for commercial uses, all of the lots
proposed for off-site parking shall meet the Iocational requirements for
commercial uses as identified in the Future land Use Element of the
Growth Management Plan or are designated to serve water-dependent
and/or water-related uses as described in the Urban Residential
subdistrict of the Future Land Use Element of the Growth Management
Plan.
Use of the subject lots is consistent with the provisions of the C1/T zoning
district and Iocational requirements for commercial uses as identified in the
Future Land Use Element of the Growth Management Plan.
g. The off-site parking facility shall be designed to mitigate any negative
effects of this parking facility on neighboring residentially zoned
property. Mitigation shall include, unless specifically determined by
the Board of Zoning Appeals not to be necessary:
1. No vehicular egress shall occur on local streets opposite of
residential homes or within the building lines of unimproved
single family residentially zoned property.
The existing entrance/exit shall be used. No new entrance is
proposed.
2. Lighting shall be shielded, pointing downward, and not over 20
feet in height so as to prevent glare upon all neighboring
residential properties.
Proposed lighting meets these criteria.
3. A 15 foot wide landscape buffer strip shall be provided around
the entire perimeter where it directly abuts residentially zoned
property. Six-foot-high architecturally finished wall, fence,
hedge or berm combination and ten-foot-tall shade trees spaced
no more than 20 feet apart on center shall be required. The
Board of Zoning Appeals may reduce the six-foot-high screening
requirement to four-foot-high within front yard setback areas.
The proposed landscape plan exceeds these criteria.
AC~:,NDA ITEM
AUG 0 3 1999
4 p~. ~
REVIEW CRITERIA:
aa. The proposed off-site parking facility, including the ingress and egress,
is safe and convenient for motorists and pedestrians:
Access to the site shall be from the existing parking lot. A five-foot sidewalk
is required to be constructed along the off-site parking. Staff proposes that
the sidewalk be constructed along the Cypress Woods Drive property line.
(A sidewalk exists along Tamiami Trail North.)
bb. The proposed off-site parking facility does not adversely impact the
character and quality of the neighborhood nor will hinder the proper
future development of surrounding properties:
A Type "B" buffer shall buffer the site from the adjacent residential property.
In addition, the petitioner has proposed that more trees than required by
Code be planted.
Parking lots are the usual parking facility for multi-family residential areas,
- however, the surrounding neighborhood consists of single-family~-lots.
Therefore the proposed off-site parking is not out of character with residential
development, but not normally found in a single-family neighborhood.
cc. Approval of the petition will not create parking problems for any
neighboring property:
The lot is currently vacant and the existing entrance shall be used.
dd. Other, more viable parking solutions are not available to the petitioner:
The bank is located on the corner of Tamiami Trail North and Cypress
Woods Drive, therefore two sides are adjacent to roadways and unavailable
for expansion. The subject site is the only available option for parking
expansion at this location. The alternative would be relocation of the bank to
another site.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition OSP-99-01 to the Board of Zoning
Appeals with a recommendation for approval of the parking lot subject to the stipulations
in the Resolution and Off-Site Parking Agreement.
'AGENDA'ITEM
AUG 0 3 1999
' 5 p¢. ~' _
PREPARED BY:
·
F EISCHL, SENIOR PLANNER DATE
C NT PLANNING
.-
'YNAL~D!!~ "~
O . , DATE
CURRENT PLANNING MANAGER
U~HERE, AICP DATE
PLANNING SERVICES DIRECTOR
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition OSP-99-01
COLLIER C~NN,~~MISSION:
MIC~. ~"UET, CHAIRMAN
OSP-99-01 STAFF REPORT
AUG 0 3 ~399
· 6 pg. ~'
0SP-99-01
Carport in existing parking lot
AUG 0 3 I999
East property line with adjacent single family house
,,,_, Existing buffer along east property line
AGF, NDA ITEM
AUG O 3 1~S9
OFF-SITE PARKING APPLICATION (OSP)
BOARD OF ZONING APPEALS DETERMINATIpN~.~ ~!-].! (~: 5;.; !,
PETITION NO. 0 S P 9 9- 0 1 (ASSIGNED BY STAFF) DATEi' ~,,i-:,~ -:
SDP NO'S. D P 9 4 - 13 7{.g/(ASSIGNED BY STAFF) } ................
NAME AND ADDRESS OF BUSINESS TO BE SERVED BY OFF-SITE PARKING
Gulf Coast National Bank, 3838 N. Tamiami Trail, Naples, Florida, 34103
LEGAL DESCRIPTION OF BUSINESS: All of undivided block "B", Cypress Woods Estates.
Plat recorded #2, according to the plat recorded in
Plat Book 4, Page 30 of the Public Records of
Collier County, Florida
SEC 22 TWP 49S RANGE 25E
LEGAL DESCRIPTION OF OFF-SITE
PARKING LOT Lot 46 of undivided block '~B", Cypress Woods
Estates, Plat recorded #2, according to the plat
recorded in Plat Book 4, Page 30 of the Public
Records of Collier County, Florida
SEC 22 TWP 498 RANGE 25E
PETITIONER'S NAME Gulf Coast Building Association c/o Patrick Miller, President
PETITIONER'S ADDRESS 3838 N. Tamiami Trail, Naples, Florida, 34103
TELEPHONE 941-261-4262
AGENT'S NAME Planning Development Incorporated/Michael FernandeS, AICP
See attached Letter of AuthOriZation TELEPHONE 941-263-6934
ZONING ON PROPOSED OFF-SITE PARKING LOT RSF-4
ZONING/LAND USE ON PROPERTY ADJACENT TO PROPOSED OFF-SITE PARKING
LOT.
ZONING LAND USES
N RSF-4 Wooded- Undeveloped
S RSF-4 lYooded- Undeveloped
E RSF-4 Single Family Residence
W C- 1 / T w/Conditional Use 94-18 4-StO_rv Bank / Office Building
- -- AGENDA ITF
AUS O 3 1999
-1-
.,. //
...._ ZONING OF LOT THE OFF-SITE PARKING IS PROPOSED TO SERVE
C-1 / T w/Conditional Use 94-18
TYPE OF LAND USE THAT OFF-SITE PARKING IS PROPOSED TO SERVE (EXAMPLE:
MEDICAL OFFICE, RESTAURANT, ETC .) Existing Bank / O(ace Building
PARKING FORMULA REQUIRED FOR ABOVE REFERENCED USE (I.E. 1 SPACE PER
250 SQ. FT.) PURSUANT TO SECTION 2.3.14 OF COLLIER COUNTY LAND
DEVELOPMENT CODE. Bank: 8,2005F at 15paee per 250 5F = 32.8
Office: 37,674SF at ! Space per 3OO SF = 125.5
TOTAL NUMBER OF PARKING SPACES REQUIRED FOR ABOVE USE 159
TOTAL NUMBER OF PARKING SPACES LOCATED ON SITE 151
% OF TOTAL REQUIRED 95%
TOTAL NUMBER OF PARKING SPACES PROPOSED OFF-SITE 39
DISTANCE OF PROPOSED OFF-SITE PARKING LOT TO SUBJECT BUSINESS
248 +/- FT (MEASURED BY SHORTEST FEASIBLE WALKING DISTANCE)
BRIEF NARRATIVE SUMMARY OF WHAT YOU ARE PROPOSING:
Proposing the addition of 31 parking spaces.
These spaces shah Supplement the existing LDC minimum parking requirements provided by
the existing development.
The new spaces shah serve existing parking demand by tenants and shah be limited to tenant
use by the condominium association. This will also allow fOr the allocaHon of convenient
visitor parking adjacent to the building
The new parking spaces shah be an extension of the existing parking lot circulation pattern
and therefore will not require a new access to Cypress WOods Drive.
The parking lot setback to the singular existing home will be 24feet and shah be heavily
landscaped and shah include a 6foot privacy wall and hedge.
Site liehang within the parking lot is limited to 36 inch hieh boilards which are sCreened from
' adjacent uses b_V the proposed buffers.
EXisting trees within the landscaped buffer areas shah be incorporated into the deSien when
viable.
-2-
~g.
BOARD OF ZONING APPEALS DETERMINATION OF OFF-SITE PARKING PETITION
YOU MUST MEET ALL 6 OF THE REQUIREMENTS BELOW:
(a) All of the lots are under the same ownership;
Lot 46 has been under common ownership with the bank/office parcel since its
development
(b) No off-site parking space is located further than three hundred (300) feet from the
building or use they are intended to serve, measured by the shortest feasible walking
distance, unless special circumstances exist under Section 2.3.4.11.5; *
The lot shall provide less than 5percent of the building's required parking and its use
shah be limited to tenants by/through the condominium association.
(c) The lots are not separated by an arterial roadway as designated in the Traffic Element of
the Growth Management Plan;
The lot is contiguous and is being developed as an extension of the existing parking lot
and its circulation systen~ The lot therefore will not require separate access to public
r/w.
· - (d) At least sixty-seven (67) percent of the required parking for the development is .l~cated on
the lot with the principal structure unless special circumstances exist under Section
2.3.4.11.5; *
(e) The off-site parking will serve an existing structure or land use; and
(f) All of the lots proposed for off-site parking meet the locational requirements for
commercial uses as identified in the Future Land Use Element of the Growth
Management Plan or are designed to serve water-dependent and/or water-related uses as
described in the Urban Residential Subdistrict of the Future Land Use Element of the
Growth Management Plan.
· Where the following special circumstances exist the Board of Zoning Appeals may reduce the
requirements of "b" and/or "d" above. If so, check the item(s) below that still allow you to
submit the petition and turn in this page with your application. These special circumstances shall
include, but shall not be limited to:
__ (a) Where the proposed off-site parking will serve water-dependent and/or water-
related issues;
__ (b) Where the proposed off-site parking will serve Temporary Parking for Sports
Events, Religious Events, or Community Events as described in Section 8.23;
__ (c) Where the proposed off-site parking will serve uses within the Immokalee Central
Business District as described in Section 2.3.3.4;
__ (d) Where the proposed off-site parking spaces wilt only be for valet parking; or
X (e) Where the proposed off-site parking spaces will only be for employees (limited to
a maximum of fifteen (15) percent of the project's total parking req~
AUG 0 3 1999
' -3-
Pg.
REVIEW CRITERIA FOR BOARD OF ZONING APPEALS DETERMINATION
The Board of Zoning Appeals shall base their determination of requests for off-site parking on
the following review criteria: The petitioner is encouraged to provide comments relating to each
of the below listed criteria.
(a) The proposed off-site parking facility, including its ingress and egress, is safe and
convenient for motorists and pedestrians;
Petitioner's Comments: The propOsed lot extension will maintain the existing
circulation system for both motorists and pedestrians. The location and layout of the
site improvements is both convenient and safe.
(b) The proposed off-site parking facility does not adversely impact the character and quality
of the neighborhood nor will hinder the proper future development of surrounding
properties;
Petitioner' s Comments: The proposed parking lot extension does not require any new
driveway access to Cypress Woods Drive. The parliing lot design proposes enhanced
landscaped buffers which mitigate impacts tO the adjacent parcels, one of which is
wooded and vacant the other developed as a residence. Existing trees within the buffer
areas will be retained when viable. Site l~hting poles are prohibited and lighting shall
be provided through bOllards having a maXimum height of 36 inches. The access to
the additional parking is through the existing parking lot. The common driveway
which serves these parMng areas is located two and One half lots away from any
existing residential driveway and One and one half lOtS away from any potentiaFfuture
residential driveway. The use of the building's parking 10t areas is generally 7:30 am -
5:30pro. Monday - Friday. The building use and toning does not allow more intense
land uses.
(c) Approval of the petition will not create parking problems for any neighboring property;
Petitioner 's Comments: The proposed parking lot des~n does rWt provide for any new
access to public r/w and the majori.ty of itS propoSed parking spaces (80%} are being
provided in supplement to the LDC's minimum requirements. TheSe spaces are being
pro.t~osed to address actual parking needs.
(d) Other more viable parking solutions are not available to the petitioner.
Petitioner' s Comments: Adjacent commercial properties are developed and are under
separate ownership and would likely provide less advantageous CirCUlatiOn relative to
the existing use and parking lot layout.
OSP BOARD OF ZONING APPEALS DETERMINATION/md AGEurn, ~TEM
" ~.
AUG 0 3 lg99
-4- /¢'
YOUNG, VAN ASSENDERP & %~RNADOE, 1D. A.
ATTORNEYS AT LAW
~;~[RLY TO:
~, BRUCE ANDERSON GALLIE"S HALL
TASHA 0, BUFORD Z~T~LES 225 SOUTH AOAMS STREET, SUITE 200
DANIEL H. COX POST OFFICE BOX 1833
DAVID P. HOPSTETTER* TALLAHASSEE, FLORIDA 32302 -1833
C. LAURENCE KEESE'r TELEPHONE {850)
KENZA VAN ASSENDERP TELECOPIER (850) 561-6834
GEORGE L. VARNADOE
RoY c. YOUNG May 4, 1999 SUNTRUST BU,LD,NG
VIA HAND DELIVERY sol ~uREL OAK DrovE, SU,TE 300
'BOArd CERTIFIED REAL ESTAT( LAWYER POST OFFICE BOX 7907
NAPLES, FLORIDA 34101 - 7907
DAVID B. ERWIN TELEPHONE 1941) 597-;~814
OF COUNSEL TELECOPIER (941i 597 - JO60
Fred Reischl, Planner
Collier County Development Services
2800 N. Horseshoe Drive
Naples, FL 34104
" RE: Off-Site Parking Petition No. OSP-99-01
Dear Fred:
Pursuant to your request, listed below are the shareholders for the Gulf Coast Building Association,
Inc. and the percentages owned:
Gulf Coast National Bank 51.6%
Desha N. Sanders, Trustee 6.6%
Naples Athletic Club 3.9%
Goodman & Breen 9.5%
Jack Burton & Jennifer Whitelaw' 4.3%
Morrison & Conroy 6.6%
Shore Engineers, Inc. 3.9%
M.K. Developers, Inc. 5.4%
William L. Klolm, Trustee 2.7%
Felden & Felden 5.5%
First Bancorp, Inc. is the sole shareholder for Gulf Coast National Bank which is the major
shareholder for Gulf Coast Building Association, Inc. Listed below are the officers of Gulf Coast
National Bank:
Jerry J. Williams, President and CEO; William E. Meyers, Executive Vice President; Patrick
K. Miller, Senior Vice President; Patricia S. Luc.as, Vide President, Loft K. Arnold, Vice
President; Mark M. McCabe, Vice President; Lindy D'Amico, Vice President; Amy Sirgany,
Vice President; Anita Tynski, Asst. Vice President; Linda Newman, Vice President: Janet"
AGENDA ITEM
Kempton, Marketing Officer;
· AUG 0 3 1999
I
RESOLUTION 99-
RELATING TO PETITION NUMBER OSP-99-01
FOR OFF-SITE PARKING ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and
such business regulations as are necessary for the protection of the public, and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the allowance of off-site parking, and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for
Collier County which includes the area hereby affected, has held a public heating after notice and
has considered the advisability of off-site parking as shown on the attached plot plan, Exhibit
"A", in an RSF-4 zone for the property hereinafter described, and has found as a matter of fact
that satisfactory provision and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection 2.3.5.3, Section 2.7.5 and
Division 3.3 of the Collier County Land Development Code, for the unincorporated area of
Collier County, and
WHEREAS, all interested parties have been given oppommity to be heard by this Board
in a public meeting and the Board having considered all matters presented,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that the petition filed by R. Brace Anderson, of Young, van Assenderp
& Varnadoe, P.A., representing Gulf Coast Building ASsociation with respect to the property
hereinafier described as:
Lot 46, Cypress Woods Estates Plat #2, as recorded in Plat Book 4, Page 30 of the
official records of Collier County, Florida.
be and the same hereby is approved for off-site parking as shown on the attached plot plan,
Exhibit "A", of the RSF-4 zoning district wherein said property is located, subject to the
following conditions:
1. The landscape buffer along the east artd south property lines of Lot 46 shall
include a five-foot high, architecm. rally finished concrete wall setback four feet
from the property line. The planting requirements shall be at a minimum, .those
required for a Type-B buffer along the east and south property line. ~ he adJillt!l~hOA ITEM
hedge shall be planted between the wall and the property line. T~ lan cape
AUG 0 3 1999
-1- pg. / ~/'
buffer along the north property line of Lot 46 shall consist of a minimum Type D
buffer achieving a height of five feet and 80% opacity within one year of planting.
2. A five-foot sidewalk shall be constructed along the bank property south of
Cypress Woods Drive within the County fight-of-way from U.S. 41 to the project
entrance. A five-foot sidewalk shall also be constructed in the County right-of-
way on the north side of Cypress Woods Drive from the western property line of
the northern parking area to the entrance and to the parking lot. The responsibility
for locating utilities within the right-of-way, the design of said sidewalk and
staking of its location will be that of Collier County.
3. Should public sidewalks be constructed along either side of Cypress Woods
Drive and terminating at the eastern property line of the subject properties, Gulf
Coast Building Association will complete the section of sidewalk from its project
entrance to the public sidewalk to the east.
4. The petitioner shall install a "No Left Turn" sign at the exit from the north
parking lot onto Cypress Woods Drive and a "No Right Turn" sign at the exit
from the south parking lot onto Cypress Woods Drive.
5. Parking lot cleaning is prohibited between the hours of 9 p.m. and 7 a.m.
6. The petitioner shall construct elevated crosswalks at the locations indicated on
Exhibit "A".
BE IT RESOLVED that this Resolution relating to Petition Number OSP-99-01 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this __day of 1999.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE, Chairwoman
Approved as to Form and Legal Sufficiency:
Ma.rjofie M. Student
Assistant County Attorney
f/OSP-99-01 RESOLUTION/
AUG 0 3 1999
pg, //
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EXhibit "~"
EXECUTIVE SUMMARY
PETITION PR-99-1 EMILIO J. ROBAU, P.E., OF RWA INC., REPRESENTING HIDEOUT
GOLF CLUB, LTD,, REQUESTING RESERVATION OF LAND FOR OFF-STREET PARKING,
HAVING AN EQUIVALENT CAPACITY OF 43 PARKING SPACES FOR A PRIVATE GOLF
CLUB, LOCATED ON BRANTLEY BOULEVARD IN SECTIONS 24 AND 25, TOWNSHIP 49
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
The applicant is seeking to obtain approval for a parking reservation in order to construct 70 parking
spaces and to provide for the reservation of land area to allow 43 additional parking spaces, in order to
meet the current Land Development Code requirement of 113 parking spaces. The golf course and its
related accessory uses will not be open to the public, rather by Conditional Use approval granted on
January 26, 1999, will be limited to 350 private members. According to the petitioner, the developer of
the project has capped the membership at 275 people.
CONSIDERATIONS:
The site is 180 acres in area. The proposed buildings and parking areas shown on the conceptual site
plan are located adjacent to the eastern boundary of the site. The proposed site plan indicates a golf
course type of development scenario including a golf maintenance facility, a 5,000 square foot
clubhouse, a driving range and an 18-hole golf course. The petitioner is requesting a Parking
Reservation to allow 70 parking spaces out of the 113 required, to be developed, with the remaining 43
parking spaces reserved in a designated area on-site, for future development should the need arise.
Section 2.3.14. of the Land Development Code (LDC) allows that where the developer believes that
the parking spaces required for a specific project are excessive, that the developer may request a
reservation of the parking spaces which are deemed excessive. The LDC requires the developer to
reserve an area that is sufficient in size to provide this parking, in case the parking is needed in the
future. The developer is also required to provide additional landscaping (trees and shrubs) which shall
be the same percentage increase over the normal required landscaping for which the parking spaces
were approved to be reduced by. Further, the petitioner is required to submit a site development plan
which is required to be approved in accordance with Section 3.3.5. of the LDC. The owner of the land
is required to enter into a written agreement with the County, to be filed with the Clerk of the Circuit
Court, with enforcement running to the County ensuring that the reserved parking area shall never be
encroached upon, used, sold, leased or conveyed for any purpose except in conjunction with the
building or use, which the reserved parking area serves so long as the off-street parking facilities are
required.
FISCAL IMPACT:
None. This type of petition does not authorize development. A complete fiscal analysis was conducted
as part of the application for a Conditional Use which was previously approved this year for this use.
GROWTH MANAGEMENT IMPACT:
The approval of this variance will not affect or change the requirements of the Growth Management
Plan.
AGEJ~A ITEM
·
AUG 0 3 1989
~l... /
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis it:dicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore, no
HistoricaL'Archaeological Survey and Assessment is required.
PLANNING CO~I1%lISSION RECOMMENDATION:
The CCPC recommends by vote of 8-1 that the Board of Zoning Appeals approve PR-99-1 with the
following stipulation:
1. An additional eighteen (18) parking spaces shall be constructed at the initial phase of development
for a total of eighty-eight (88) spaces. Sufficient land area for 25 parking spaces shall be required
to be designated on a site plan and set aside as reserved area for parking should the need arise.
2. A roadway surface condition survey of the last (southerly) mile of 23rd St. S.W., shall be submitted
to the Collier County Transportation Services Department for review and approval prior to final
site plan/construction plan approval. Following construction of the golf course, the clubhouse, and
the maintenance facility, the developer shall submit another survey. If, and to the extent that, the
survey discloses degradation to the last mile of 23rd St. S.W. attributable to the construction of the
golf course, the clubhouse, and the maintenance facility, the developer shall restore that portion of
the street to its pre-construction condition. Prior to the issuance of building permits for the project,
--- the petitioner shall provide reasonable financial assurances, in any of the forms authorized for
subdivision improvement guarantees, that funding will be available to make the restoration if
shown as necessary by the survey.
The dissenting Planning Commission member voted against the petition because he felt that eighty-
eight (88) parking spaces would be insufficient to meet the demand at the course during peak play
times despite information provided by the petitioner which contradicts his concem.
AUG O 3 1999
Pg- ~
PREPARED BY:
URRAY, AICP 5f' DATE
CHIEF PLANNER
REVIEWED BY:
· NTNO, AICP, MX~X'GER DATE
C~NT PL~G SECTION
PLUG SERVICES
-
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
Petition Number: PR-99-1, Hideout Golf Club
This petition has been tentatively scheduled for the August 3, 1999 BZA Public Hearing.
A~DA IT~.M
AU3 O 3 1999
AGENDA ITEM 7-F
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROI~I: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DIVISION
DATE: MAY 5, 1999
RE: PETITION NO: PR-99-1 Hideout Golf Club Ltd.
AGENT/APPLICANT:
Agent: Emilio J. Robau, P.E.
RWA Inc.
3050 North Horseshoe Drive
Naples, FL 34104
Applicant: Hideout Golf Club Ltd.
1207 Third Street South Suite 2
Naples, FL 34102
GEOGRAPHIC LOCATION:
The subject site is located east of C.R. 951 on the east side of the canal, which abuts the eastern
terminus of 21 st Avenue SW, south, to 27th Avenue SW. Brantley Boulevard, a private roadway,
divides the north and south parts of the subject site. The site is located in Sections 24 and 25,
Township 49 South, Range 26 East, Collier County, Florida.
REQUESTED ACTION:
The applicant is seeking to obtain approval for a parking reservation in order to construct 70 parking
spaces and to provide for the reservation of land area to allow 43 additional parking spaces, in order to
meet the current Land Development Code requirement of 113 parking spaces. The golf course and its
related accessory uses will not be open to the public, rather by Conditional Use approval granted on
January 26, 1999, will be limited to 350 private members. According to the petitioner, the developer of
the project has capped the membership at 275 people.
PURPOSE/DESCRIPTION OF PROJECT:
The site is an elongated rectangular shaped parcel, presently undeveloped. The site has 2,062 feet of
frontage on the 100 foot wide canal abutting 21st Avenue SW (to the west) to south of 23rd Avenue
SW, and an additional 1,008 feet of frontage along the same canal between 25th Avenue S~' and 27th
Avenue S~T (see attached map). The site is 180 acres in area. The proposed buildings and >arkit~'E~D^ irr. M
areas shown on the conceptual site plan are located adjacent to the eastern boundary of th~ site.~l
AU$ 0 3 1999
1
Pg. /7[
areas sho,,'p on the conceptual site plan are located adjacent to the eastem boundary of the site. The
proposed site plan indicates a golf course type of development scenario including a golf maintenance
facility. a 5,000 square foot clubhouse, a driving range and an 18-hole golf course. The petitioner is
requesting a Parking Reservation to allow 70 parking spaces out of the 113 required, to be developed,
with the remaining 43 parking spaces reserved in a designated area on-site, for future development
should the need arise. Section 2.3.14. of the Land Development Code (LDC) allows that where the
developer believes that the parking spaces required for a specific project are excessive, that the
developer may request a reservation of the parking spaces which are deemed excessive. The LDC
requires the developer to reserve an area that is sufficient in size to provide this parking, in case the
parking is needed in the future. The developer is also required to provide additional landscaping (trees
and shrubs) which shall be the same percentage increase over the normal required landscaping for
which the parking spaces were approved to be reduced by. Further, the petitioner is required to submit
a site development plan which is required to be approved in accordance with Section 3.3.5. of the
LDC. The owner of the land is required to enter into a written agreement with the County, to be filed
with the Clerk of the Circuit Court, with enforcement running to the County ensuring that the reserved
parking area shall never be encroached upon, used, sold, leased or conveyed for any purpose except in
conjunction with the building or use, which the reserved parking area serves so long as the off-street
parking facilities are required.
SURROUNDING LAND USE AND ZONING:
Existing: Existing conditions: The site is currently undeveloped. A portion of the southern half of the
site contains jurisdictional wetland areas. The site is currently zoned Agricultural (A).
ZONING LAND USE
Surrounding: North- Agricultural Vacant
Sou th -Agri cultural V ac ant
East- Agricultural Vacant
West- Estates (E) Canal
GROWTH MANAGEMENT PLAN CONSISTENCY:
The requested variance does not have an impact on this property's consistency with the County's
Growth Management Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County Probability
Map. Therefore, no Historical/Archaeological Survey and Assessment is. required.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND
INFRASTRUCTURE:
Approval of this parking reservation request will have no effect on infrastructure, transpt ~attu~TEl~
environment. No.~
AUS O 3 1999
ANAL~" '
~ecUon 2.7 .~ o~ the L~nd Development Code ~rants the amhofi~y to the Bo~d of Zonin~
App~ls (BZA} ~o ~r~m p~r~in~ r~s~afions. The Pl~in~ Co~ission is adviso~ ~o ~hc BZA ~d
utilizes the provisions of Subsection "4" (a) t~ough (h) which are general guidelines to be used
to assist the Commission in m~ng a deteEination. Althou~ the L~d Development Code does not
specifically require the petitioner to meet the aforementioned criteria, responses to items ~ tMs
Subsection ~e ~ follows:
a. Are there special conditions and circumstances existing which are peculiar to the location,
s~e and characteristics of the land, structure, or building Mvolved?
No, special conditions ~d circmst~ces do not exist w~ch ~e related to ch~acte~stics of the l~d
itself. However, special conditions exist relative to the ~nction of the faciliW. Specifically, the golf
club is a private club, limited to 350 members by conditional use approval ~ted by the Bo~d of
CounW Co~issioners on J~u~ 26, 1999. Because the faciliW will be limited in membership, more
th~ likely the impacts ~sociated with ~affic ~d ~e nmber of users of the faciliW will be reduced
from simil~ public copses. Additionally, the resta~t ~d pro-shop faciliW will not be open to ~e
public, nor will the restaur~t be used, according to the petitioner, for ~ghRime di~ng facilities. The
site is over 180 acres in size. Rescuing l~d for ~ p~ng needs should not be problematic (see
aRached site ply). It is impon~t to consider that since ~re is no ~sociated real estate development
with this site, all users of the faciliW will b~ required to ~v¢ automobiles to the site in order to gain
access to the faciliW.
b. Are there special conditions and circumstances, which do not result from the action of the
applicant such as pre-existing conditions relative to the proper~, which is the subject of the
variance request?
No. There ~e no pre-existing conditions relative to the prope~, which .necessitate the need for
the requested parking rese~ation. The petitioner wishes to construct fewer paring spaces th~ is
required by the L~d Development Code in order to ad~ess the p~hng nee~ of the project ~ they
relate to the specific ch~actefistics ~sociated wi~ t~s private golf club. Specifically, the l~ited
membership (limited to 275 members according to the applic~t, ~d 350 via Conditional Use
approval), wi 11 reduce the impacts ~sociated with nmber of users of the facili~ ~om what they
would be if the course w~ public. ~s limitation on members~p enables the petitioner to calculate
the specific p~king needs of the facili~ ~ it relates to the ~o~ nmber of members of the fatilia.
c. Will a literal interpretation of the provisions of this Land Development Code work
unnecessaD' and undue hardship on the applicant?
No. The literal interrotation of the provisions of t~s L~d Development Code should not bc
perceived ~ wor~ng ~ecess~ ~d ~due h~ds~ps on the applic~t. ~e applic~t w~ ~lly aw~e
of the parking requirements prior to obtainrig Conditional Use approval for the project. However, the
cons~ction of u~ecess~~ p~ng will reduce the h~ds~p development brings on the l~d reducing
negative impacts associated with imperious s~faces ~d ~sociated water quali~ impacts. ~A n~
~. ~)~
AUS O 3 1999
3
d. WiI! the variance, if granted, be the minimum variance that will make possible the
reasonable use of the laud, building or structure and which promote standards of health, safety
and welfare?
The parking reservation for the requested number of parking spaces is the minimum that will
allow the applicant to build the desired number of parking spaces. The applicant has provided a traffic
and par'king analysis of a similar facility located in the County which is already developed. Based on
the data and assumptions the petitioner makes in his analysis, 70 parking spaces is the minimum
number that will provide sufficient parking for 275 members. Granting a parking reservation places the
petitioner on notice through a signed agreement (see attached agreement) that the petitioner may be
required to construct the additional required spaces should the County determine that the developed
spaces are insufficient to meet the needs of the facility.
e. Will granting the variance requested confer on the petitioner any special privilege that is
denied by these zoning regulations to other lands, buildings, or structures in the same zoning
district?
Granting the requested variance could be construed as granting a special privilege to the
petitioner that is denied to other lands, buildings or structures in the same zoning district. However,
according to information supplied by the applicant, the proposed traffic and actual parking
requirements are similar to comparable types of uses approved in other areas of the County. Should
the County deem that the actual parking is insufficient to meet the needs of the facility, by agreement,
the petitioner will be required to construct the additional parking spaces on land located on the same
site specifically reserved for parking. Therefore any perceived special privilege by the granting of this
Reservation has the potential to be ameliorated should the County require the developer to construct
the remaining spaces.
f. Will granting the variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to
the public welfare?
The granting of the requested parking reservation should not be injurious to the neighborhood
or detrimental to the public welfare. According to the petitioner, it will allow the developer to construct
a reasonable number of parking spaces which should meet the needs of the facility, yet will require the
developer to reserve designated land area to build additional parking should the need arise. The
property and proposed parking areas are situated a significant distance from neighboring residential
properties which are located on lots which are generally 2 t/4 to 5 acres or larger in area. Therefore, any
negative impacts associated with the reduced parking should not negatively affect neighboring
property owners. Additionally, the County will retain the right to require the petitioner to construct the
additional parking should the County determine that 70 spaces are insufficient to meet the needs of the
facility.
g. Are there natural conditions or physically induced conditions that ameliorate the goals
and objectives of the regulation such as natural preserves, lakes, golf courses, etc.?
Yes. The subject site is located in a fairly remote area at the end ofBrantley Boulevar~ TheAC-,ra~A ITF~'
surrounding properties are rural and low density residential in nature. The site is planned for a 184~/':~(~
- X, '
AUG 0 3 199,
4
Pl. ,~
hole private golf course, which, according to the petitioner will be limited to 275 members. The
parking area will be located interior to the golf course, at the clubhouse facility and the maintenance
facility. Portions of the site are heavily vegetated and the nature of the use will provide significant
open space and buffering between the site and neighboring properties. The conditions of the site, the
propose0, use. its location and the limited membership should ameliorate the goals and objectives of the
parking regulations and limit any negative effects associated with the granting of such a parking
reservation.
h. Will granting the variance be consistent with the Growth Management Plan?
The granting of the requested variance will not affect or change the requirements of the Growth
Management Plan.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition PR-99-1 to the BZA with a recommendation
for approval subject to the following conditions which are also found in the resolution for adoption:
1. The developer is subject to all of the requirements of Section 2.3.14. of the Land Development
Code, Off-street parking reservation, as amended, and all other applicable sections of the Land
Development Code.
2. A roadway surface condition survey of the last (southerly) mile of 23ra St. S.W., shall be submitted
to the Collier County Transportation Services Department for review and approval prior to final
site plan/construction plan approval. Following construction of the golf course, the clubhouse, and
the maintenance facility, the developer shall submit another survey. If, and to the extent that, the
survey discloses degradation to the last mile of 2fd St. S.W. attributable to the construction of the
golf course, the clubhouse, and the maintenance facility, the developer shall restore that portion of
the street to its pre-construction condition. Prior to the issuance of building permits for the project,
the petitioner shall provide reasonable financial assurances, in any of the forms authorized for
subdivision improvement guarantees, that funding will be available to make the restoration if
shown as necessary by the survey.
AGENDA IT~r,..N~
A ,o 0 3 1999
Pg- ~
PREPARED BY:
//SUSAN MURRAY, AICP ~"' DATE
CHIEF PLANL'NqER
REVIEWED B ~
CURRENT PLANNING MANAGER
PLANNING SERVICES DIRECTOR
APPROVED
ViNCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. & ENWIRON. SVCS DIVISION
Staff Report for the June 3~ 1999 CCPC meeting.
Tentatively scheduled for the June 22, 1999 BCC meeting.
COLLIER CO TY PLANN COMMISSION:
AGF, NDArmM
AU6 0 3 1999
6
P~.
RESOLUTION NO. 99-
P,.ELATLNG TO PETITION N'L~IBER
PR-99-01, FOR A RESERVATION OF
OFF-STREET P.-%RKL'XG SPACES ON
PROPERTY HEREINAFTER DESCRIBED IN
COLLIER COUNTY. FLORIDA.
WHEREAS. the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS~ the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of reservations of off-street parking
spaces pursuant to Section 2.3.14 of the Code; and
WHEREAS, the Board of Zoning Appeals. being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a reservation of 43 off-street parking spaces
to be reserved for future implementation as shown on the attached plot plan, Exhibit "A", in
order to meet the/'¢quirements of a certain agrRcmcnt betwc~'n Terry Archer, individually and
as a parmet of Hideout Golf Club, Ltd., and Collier County dated , for property
hereina~er described. and has found as a matter of fact that the granting of said reserved
parking wdl not have any detrimental effect to the public: and
WHEREAS. all interested parties have been ~ven opportunity to be heard by this
Board in public meeting assembled. and the Board having considered all matters presented:
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition PR-99-01, filed by Emilio J. Robau, P.E. of RWA Inc., r~resenting
Hideout Golf Club. Ltd., with respect to the property hereinafier described in the attached
Exhibit "B" be and the same hereby is approved for a reservation of 43 off-s~'eet parking
spaces from the required 113 parking spaces to meet the parking requirements of the
aforestud agreement and to be reserved for future implementation as shown on the attached
plot plan. Exhibit "A". for a golf course use located in the Rural Aghculmral Zoning Distact
wherein said property. is located, subject to the following conditions:
Exhibit
BE IT RESOLVED that this R~olution ~lating to Petition Number PR-99-OI
recorded in the minutes of this Board. A6ENt)A ITEM
AU6 O 3 1999
pg.
This Resolution adopted after motion, second and majority vote.
Done this dav of . 1999.
ATTEST: BOAtLD OF ZONTNG .APPEALS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, Chairwoman
Approved as to Form and Legal Sufficiency:
Marjorie M. Student
Assistant County Attorney
~ adrmrvsu~ P R-qg-0 1/RESOLUTION
AUG 0 3 1999
!
'k~-"..' GOLF COURSE
PRC, PERTY---,
%',Ih!IMuL~ 'C'
RESERVE ~RE: FOR
CART BARN
~/'
,
' . , ,,,/ ,
'~_~ ~~ WELL--
PARKING~ ~ k
RESERVATION ,,
=RE~ T~C '-
BRANTLEY~ BOULEVARD
GOLF COURSE ..................
-. AGENDA I'P"
HIDEOUT GOLF CLUB L
,., ~
C~ENGINEE~ Devel~mem& = 60' ~ll~ R q ~oo,
~ t I ~ ~En~ronme~nsu.an~ : '.~ ~ ~'T~ HIDEOUT COLF CL I~
~.~1~ ~_:
(~1 ~I~ F~: (~I) ~7~
~1: ~.~~ = ' ':: - ~ '
.... 98-0046 i';-:: 1 1 e?,%~. ~ ~oo~bxu,
'- ;"',2;,,.. '~':- C _ L,~C .jT
~IC-HT %;'
,:,:,r~CF, ET:_.. ~xh.j. bit. B PR-99-i
DE2CRIPTION
',~$ :DEPA~EE! Ei'f T~IS ;'!;:?M'.
'R, AC': '~;~ ~a 3C.. ~9 :'~ z, NE, 34. "~;' SUBDIVISION OF SECTION 24. T.49S.,
R.26.E. iNTO 16 ACRE TRACTS AS RECORDED IN PLAI BOOK 4. PAGE 34, COLLIER
COUNTY.' FLORIDA, PUBLIC RECORDS.
AND ALSO'
PAPT OF TRACT 31, THE SUBDIVISION OF SECTION 2,l.. T.495,. R.26. E. INTO 16
ACRE TRACTS AS RECORDED tN PLAT BOOK 4. PAGE 34, COLLJER COUNTY FLORIDA,
PUBLIC RECORDS. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 24,-TOWNSHIP 49 SOUTH. RANGE
26 EAST, COLLIER COUNTY FLORIDA AND THE SOUTHWEST E:ORNER OF TRACT 31, THE
SUBDn, qSION OF SECTION 24. T.495., R.26E. ~NTO 16 ACRE TF~,ACTS AS RECORDED IN
PLAT BOOK 4, PAGE 34. COLLIER COUNTY FLORIDA PUBLIC RECORDS; THENCE
N,00'59'50'hmV. ALONG THE WE:ST LiNE OF SAID SECTION AND THE WEST LINE OF SAID
SUBDiVISION FOR 625. t5 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
N.00'Sg'50"W. ALONG SAID WEST LiNE FOR '719.07 FEET TO THE NORTH rEST CORNER
OF SAID TRACT 3!: THENCE N.BB'4B'45'E..M..ONG THE NOFrFH LINE OF SAID TRACT
3t FOR 52?.89 FED TO THE NORTHEAST CORNER OF SAID TRACT 31; THENCE
S00'58'45"W, ALONG THE COMMON LINE OF TRACT 31 AND TRACT 30 FOR 719.59
FE-_'F: THENCE S.88'52'08"W FOR 52766 FEET TO THE POINT OF BEGINNING
AND ALSO,
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 24 AND THE NORTHWEST COI:I'NER
0F SECTION 25, Tr'JWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE 5.00'53'50"E. ALONG
"-'E WEc_,T LINE C'r .S~tD SECTICr,~ 25 FOR ~008.00 rE_rT TO THE pOll, rr OF
BECtNNiNC: THENCE ,':ONTINUE ~,00'5,3'50"E ALONG SA:D WEST LINE FOR ~C)08 00
rEET; THENCE N 89'G:"2.~"E FOR !.~8095 FEE'F, THENCE N 0C,'SE'SI'W. FOR
;"5 04 :EE~, "~F_N..:E N.5.9'.~0'2:"E :'DP 65~.98 -"EEl, "'0 THE EAST :_]HE OF THE
:4OFTHWEST ONE QUAR"'ER ',NW",/4~ '3lr SAID SECTION 25; THENCE N.01'OO'30'E
ALONG SAiD E/-ST Lrf'-4E :'0R ~3.r"4 79 FEET T0 THE NOFTH LiNE OF SAID SECTION
T~'IENCE N,8~'46'lB'W ALONG SAJD NORTH LINE FOR 1318,67 FEET: THENCE
:_,OO'ST!I'E FC'~ ~0:204 FEET: THENCE S88'56'51"W. :OR I:319.~4 FED TO
THE POINT OF BEGINNING
NOTES:
SURVE"K BASED ON DESCRIPTIONS AS RECORDED IN THE Pl..IB:LIC RECORDS OF COLLIER .
COUNTY AS PROVIDED BY THE CLIENT, THE RECORD PLAT OF GOLDEN GATE ESTATES,
UNITS 15. 27. 28. 29 AND 195. ALL RECORDED IN THE PUBUC RECORDS OF COLLIER
COUNTY, FLORIDA. A SURVEY PREPARED BY W. LA~ EVERS. INC.. FILE NO.
DATED 1-7-87 AND EXfSllNG MONUMENTaTION.
""'- BEARINGS ARE BASED ON THE SOUTH LINE OF SECTION 24. TOWNSHIP 49 SOUTH, RANGE
26 EAST, AS BEARING S.88'46'18'W. AC/J()AITEM
THTC_ PLAT PREPARED AS ~ BOUNDAR~ SURVEY
'~'S ~"RCEL LIES ~r~ FLOOD ZONE '~" ,Hm$ ~NrORMATION W~S TAKEN r~OU fEDERAL AUG O 3 1999
INSURANCE RATE MAP 120067 0425 D, DATED 6-3-86.
TNTERIOR IMPROVEMENTS WERE NOT LOCATED AT THiS TIME Pr,_R Pl[OUEET Of THE CLIE~ '. PI.
Exhibit C PR-99-1
I The developer is subject to all of the requirements of Section 2.3.14. of the Land
Development Code, Off-street parking reservation, as amended, and all other
applicable sections of the Land Development Code.
2. A roadway surface condition survey of the last (southerly) mile of 23rd St. S.W., shall
be submitted to the Collier County Transportation Services Department for review
and approval prior to final site plan/construction plan approval. Following
construction of the golf course, the clubhouse, and the maintenance facility, the
developer shall submit another survey. If, and to the extent that, the survey discloses
degradation to the last mile of 23rd St. S.W. attributable to the construction of the golf
course, the clubhouse, and the maintenance facility, the developer shall restore that
portion of the street to its pre-construction condition. Prior to the issuance of building
permits for the project, the petitioner shall provide reasonable financial assurances, in
any of the forms authorized for subdivision improvement guarantees, that funding
will be available to make the restoration if shown as necessary by the survey.
A~A ITEM
AUG 0 3 1999
HIDEOUT GOLF CLUB
PARKING RESERVATION PETITION
PREPARED FOR:
HIDEOUT GOLF CLUB, LTD.
1207 Third Street South
Suite 2
Naples, Florida 34102
PREPARED BY:
R WA INC.
Engineers, Environmental and Development Consultants
3050 N. Horseshoe Drive
Suite 270
Naples, Florida 34104
March, 1999
PF 99-01
AGE. NDA I'I'E,M' ~"
AU{3 0 3 1999
PARKING RESERVATION PETITION
Petition No. PR-qg-I Date Petition Received/ ' -.
· : L~ ._
Commission District: District V Planner Assigned
ABOVE TO BE COMPLETED BY STAFF
GENERAL INFORMATION:
Petitioner's Name: Hideout Golf Club. Ltd.
Petitioner's Address: 1207 Third Street South. Suite 2
Naples. Florida 34102 Telephone: (94 1 ) 435-4544
Agent's Name: Emilio J. Ro.bau, P.E.
Agent's Address: 3050 N. Horseshoe Drive, Suite 270
Naples. Florida 34104 Telephone: (941) 649-1509
COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING
SERVICES/CLrRRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-2400/F.~X (941) 643-6968
AGENDA ITEm.
AUG 0 3 1999
Pg..//
""' Comp!ere the following for all Association{s) affiliated with this petition. (Provide additional
~ilu~k3 i~ ~lccessar? )
Name of Homeowner Association: N/A
Mailing Address: City State Zip.
Name of Homeowner Association:
Mailing Address: City, State Zip.
Name of Homeowner Association:
Mailing Address: Cit,,' State Zip
Name of Master Association: N/A
Mailing Address City State Zip
Name of Civic Association: N/A
Mailing Address City State Zip
PROPERTY DESCRIPTION
Legal Description of Subject Property':
Naples Farm Sites Various Lots (Plat Book 4 Page No. 34) and unplatted lands.
Subdivision: Unit: Lot(s): Block{s):
Section: 24 &25 Twp:. 495 Range: 26E Property. I.D. i see
attached properw id
sheet.
Metes & Bounds Description: see attached legal description
Address of Subject Property.: N/A
Current Zoning and Land use of Subject Parcel: Vacant A~ricultural Conditional Use for
Golf Course Approved.
Adiz~cent Z,,min-_ & Land Use:
ZONING LAND USE
N .-X Vacant ARricultural
S A Vacant .Agricultural
W Eszates Single Familv Estate Lots
E A &Estates Vacant Agriculture Single Family Estate Lots
Minimum Yard Requirements for Subject Property:
Front: N/A Comer Lot: Yes [] No []
Side: N/A Waterfront Lot: Yes [] No []
Rear: N/A
Nature of Petition
Provide a detailed explanation of the request including what structures are existing and what is
proposed: the amount of encroachment proposed using numbers, i.e. reduce front setback from
25' to 18'; when propert?,' owner purchased property; when existing principal structure was built
(include building permit number (s) if possible); why encroachment is necessary; how existing
encroachment came to be; etc.
Request is for reduction in parking requirements for a golf course and clubhouse. to reflect the
substantially lesser intensity' of use associated with the proposed facility. Hideout Golf Club is a
private club with a maximum permitted membership of 275 members. There is no associated real
estate development. The clubhouse will not serve dinners. and will not be used for non-~olf
related social events. The LDC would require 113 spaces tbr this project. Petitioner has
analyzed comparable facilities (see discussion foliowinR) and believes that the predicted intensitw
of use does not warrant the creation of the amount of impervious area necessarv to meet the
LDC standard. Petitioner believes that 70 spaces based on analysis of comparable clubs. should
be mdre than adequate.
Please note that staff and the Collier Count' Planning Commission shall be guided in their
recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be
guided in its determination to approve or deny a variance petition by the below listed criteria
(1-8). Please address this criteria using additional pages if necessary.)
I. Are there special conditions and circumstances existing which are peculiar to the location,
size and characteristics of the land. structure. or building involved.
Yes. The use of the land for a private golf club with limited membership. and the small size
and restricted use of the clubhouse are unique compared to the standard use intensities
associated with private ,.qolf clubs (151ease see attached parking analysis produced bv RWA
-3-
2. Are there special conditions and circumstances which do not result from the action of the
a~,~iicant such as pre-existing conditions relative to the property. which is the subject of the
· ,: ianc~ request.
No
3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
Yes, construction of surplus parkin~i is wasteful and creates additional impervious surfaces
and associated water quails' impacts.
4. Will the variance, if-~anted, be the minimum variance that will make possible the reasonable
use of the land. building or structure and which promote standards of health, safety, or
~'elfare.
Yes. The proposed aolf course use will be substantially less impactive. and pose a much
lesser nuisance potential than the potential impacts associated with either residential or
a-oricultural use.
"" 5. Will ganting the variance requested confer on the .petitioner any special privilege that is
denied by these zoning regulations to other lands, buildings, or structures in the same zoning
district.
No
6. \Vill ganting the variance be in harmon,,' with the intent and purpose of this zoning code. and
not be injurious to the neighborhood, or otherwise detrimental to the public.welfare.
Granting the requested variance will have no adverse impacts on adjacent property.
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf course. etc.
No. a reduction in parking requirements has a positive impact on water quality.
8. Will ganting the variance be consistent with the growth management plan.
Yes
AG~DA ITEM
AUG 0 3 1999
EJP, OBAL' F'-)S-,)O-~ Hideout Goi~ ¢~9 Counp, P~r'ml~ ~,ppiic~non and S~pport' %'&ria,nce P~tmon d~
-4-
PARKING RESERVATION
k ~IRZA~CE PETITION
APPLICATION SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET:
REQUIRE34rE>;TS # OF REQUIRED
COPIES
'~. Completed Application 15 X
2. Completed Owner/Agent Affidavit. Notarized 1 X
3. Pre-application notes/minutes 15 X
4. Survey of property., showing the encroachment 1 N/A
(measured in feet)
5. Site Plan depicting the following: 15
(a) All property. boundaries and dimensions
(b) All existing and proposed structures (labeled as such)
(c) North arrow, date and scale of drawing
(d) Required setbacks & proposed setbacks
6. Location map depicting major streets in area tbr 1 X
Reference
7. Application fee, checks shall be made payable to Collier
Count2/' Board of Commissioners
8. Other Requirements -
As the authorized agent/applicant for this petition. I attest that all of the information indicated on
this checklist is included in this submittal package. I understand that failure to include all
necessa~7~/~,~.ttal information may result in the delay of processing of this petition.
AppliZant,'Agent Signature Date
r,'IGHT :,r ¢~.-,,
CC'Nj~ETE Exhibit B PR-99-1
DESCRIPTION
'AS c:::c'EPAP,,E[; B"r TH!S
.'TRACTS 28. 29. 3C. 32. 3J AND 34. THE SUBDTViS~ON OF SECTION 24. T.49S,.
P26.E INTO '~6 ACRE TI:~CTS AS REC.DRDED IN PLAT BOOK 4, PAGE 34. COLLIER
COUN,"~' FLORIDA. PUBLIC RECORDS.
AND ALSO:
PAPT OF TRACT ,.!t, THE SUBDIVISION OF SECTION 24, T.495,, R.26. E. INTO 16
ACRE TRACTS AS RECORDED IN PLAT BOOK 4, PAGE ,.t4, COLU'ER COUNTY FLORIDA,
PUE~L1C RECORDS, MORE PARTICULARLY DESCRIBED A5 FOLLOWS:
COMMENCING AT THE 50UTHWEST CORNER OF SECTION 24,-TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY FLORIDA AND THE SOUTHWEST CORNER OF TRACT 31, THE
~UBD:~",SION OF SECTION 24. T.49S., R,26E. INTO 16 ACRE TRACTS AS RECORDED iN
PLAT BOOK 4, PAGE 34, COLLIER COUNTY FLORIDA PUBLIC RECORDS; THENCE
NO9'59'50"W. ALONG THE V~ST LINE OF SAID SECTION AND THE WEST LINE OF SAID
:_uBDi¢SK N FOR 625.15 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE
N,O0'59'50"W. ALONG SAID WEST LINE FOR 719.07 FEET TO THE 'NORTHWEST CORNER
,'_iF SAID TRACT 3!, T~ENC:E N.BS'48'4=."E. ALONG THE NORTH LINE OF SAID TRACT
21 FOR 527.89 FEET TO THE NORTHEAST CORNER OF SAID TRACT 31; THENCE
S O0'SB'45"W. ALONG THE COMMON UNE OF TRACT 31 AND TRACT 30 FOR 719.59
FEET. THENCE S.88'52'08"W FOR 5,27.66 FEET TO THE POfi',~T OF BEGINNING
AND AL.SO
S. 0MMENCING AT THE SOUTHWEST CORNER OF SECTION 2~ AND THE NORTHWEST CURtiER
OF SECTION o~ TOWNSHIP 49 SOUTH. RANGE 26 EAST; THENCE S.00'53'50"E..ALONG
-~r WFc'r , TNr Or SAID SECTION ~= FOR ~008.00 FEET TO THE POINT OF
BEGINNING: THENCE ?;ONTINUE '_-00'53'50"E ALONG SA~D WEST LINE FOR 100800
rrE" THENCE N89'CT'24"E. FOR 1980 c5 FEET; THENCE N.0O'58'51'W. FOR
~'5 C4 FEET. 'HEN,=E N.59'0C.'ZT"E FOR 559.98 ;EFT T!;, THE EAST LJNE OF THE
NORTHWEST ONE QUARTER (NW~f4) OF SAID SECTION 25; THENCE N.01'OO'30"E.
A,.0NC SAID EAST LINE .-'OR t.%54 79 FEET TO THE NORTH LINE OF SAID SECTON 25;
THENCE N.SB'46'IS"W ~j_ONG SALE, NORTH LiNE FOR 1318.67 FEET: THENCE
:~00'57'!I"E ;OR :C~,204 FEET. THENCE S88'56'51"W. FOR 1519.64 FED TO
THE POINT OF BEGINNING
SUR'VE'Y BASED ON DESCRIPTIONS AS RECORDED IN THE PLtBLIC RECORDS OF COLLIER
C.O',JNT~ AS PPOV~DED B'T THE CUENT, THE RECORD PLAT OF COLDEN GATE ESTATES,
LJ'4IT'3 15. 27. 28. 29 AND 195. ALL RECORDED IN THE PUBLIC RECORDS OF COLLIER
COUNTY., FLORIDA. A SUR"¢EY PREPARED BY W. LAMAR EVEI~S, INC.. FILE NO. C-BIB-014--1.
DATED I-7-87 AND EXISTING MONUMENTATION.
BEARINGS ARE BASED ON THE SOUTH LINE 0p SECTION 24, TOWNSHIP 49 SOUTH, ~NGE
26 EAST. ~S BEARING S.88'46'!e.'W. AGENDAITEM
THfc_ PLAT PPEPAREE ~..c. ~ BOUND~SR% SURVEY
'~!S o~RCEL LIES '~ FLOOD ZONE "z" THiS INFORMATION W~_~ TAKEN r~OM FEDERAL AUG 13 3 1999
~NSURANCE RATE MAP 120067 0425 D. DATED 6-3-86.
INTERIOR IMPROVEMENTS WERE NCrT LOCATED AT THIS TIME PER PEOUEST
· 'r :----"" '- ~--.- ! .... ' ' ~ ' '
~ ~Y E
- . '4,,' :t '~'~'~= ~ ~' .... " PROJECT
I
.
A~A
~, I
AUG 0 3 1999
PROJECT L OCA T/ON
PROJECT
SITE
'~ B~ANTL_=v BOU~.E'VA~C
AU6 ~ 3 1999
PROJECT S/TE "'-~ ~¢
FILE PATH
THE COLLIER GOLF CLUB
3~1 TAMIAMI TRAIL NORTH
SUITE 201
NAPLES, FL 3~103
(qql) &Sq-Oqq3 FAX (~ql)
April 16, 1999
Mr. Terry Archer
HIDEOUT GOLF CLUB
1207 Third Street S., #2
Naples, FL 34102
Dear Terry:
This letter is written confirmation of our recent telephone conversation with respect to the
number of golf rounds at OLDE FLORIDA GOLF CLUB.
Olde Florida has had a full membership of 250 for the last two years. The annual number of
golf rounds for each year was 14,000 to 15,000. With the exception of our once a year
Member/Guest, we have never fully utilized our paved parking area.
I hope this information will be of assistance. Please feel free to call me if you need any
additional information.
Sincerely,
Lynn Josephson
Former Director of Golf/Manager
OLDE FLORIDA GOLF CLUB
LJ/hmg
AUG 0 3 1999
Development&
:nvironmental Consultants
April 27.1999
Mrs. Susan Murray
Collier Counb: Planning Services
2800 North Horseshoe Drive
Naples. FL 34104
Subject: Hideout Golf Course
Letter Report and Additional Information Regarding Parking Variance
Petition
Dear Susan:
Please accept this letter report and additional information related to the Hideout Golf
Club Parking Variance Petition.
INTRODUCTION
The purpose of this letter report is to correlate trip generation data previously agreed to
and submitted with additional information recently obtained from Olde Florida Golf
Club. This letter report also presents additional calculations and analysis of the parking
needs at Hideout Golf Club.
Histon'
Previously we copied you with a letter to Edward Kant requesting an alternative impact
fee calculation. for Hideout Golf Club, In that letter we indicated that the following trip
generation rates represented a reasonable estimate for Hideout Golf Club,
· A total of 150 trips per day was estimated for the Hideout Golf Club, · 100 golfer trips representing approximately 50 rounds/day
· 40 employee trips representing 20 employees.
· 10 service vehicle trips.
Since we sent that correspondence we have obtained the average number of rounds
played at the Olde Florida Golf Club for the last two years. The average number of
rounds was 14,500 rounds per year. Please see the attached letter from Lynn Josephson,
former director of Golf and Manager of the Olde Florida Golf club.
AUG 0 3 1999
,,',.EJROBAU'~E\98-0046 Hideout GolfClub~Add. Vat. [nfo. to S.Murray.doc I~.
3050 North Horsestnoe Drive, Suite 270. Naples, Florida 34104 · (941) 649-1509, fax: (941) 649-7056 · ww'
R\X'A
PARKING REQUIREMENT CALCULATIONS
Average Day
Presented below is an analysis of the average day parking needs.
Assumptions ~
· Assume that all members and all of the employees stay for the duration of the day. ./
· Due to the location of the club and the membership roster we expect that the pro shop ~>,,'
and restaurant will generally internally capture the members of the course so 10
spaces should be more than enough for these facilities.
· Each member drives separately to the club.
· A round of golf is generally defined as one person playing a complete 18 holes of
golf.
Analysis
Using the information provided by Olde Florida Club consider the following calculations
which take the average number of rotrods per year and convert the figure to rounds per
day.
· 14,500 Rounds/Year x Year/365 Days = 40 Rounds/Day.
The information provided by Mr. Josephson indicates that the Olde Florida Golf Club on
an average day receives no more than 80 vehicle trips attributed to members that are
playing the course. This information indicates that the actual trip generation rates are
below the prior agreed upon trip generation rates submitted as part of the alternative
impact fee analvsis. A simple analysis of the average day indicates the following.
Using the Olde Florida Club Information, on an average day there would be a need for no
more than the following parking spaces at both the club facility and the maintenance
facility.
Golfing Members 40 spaces.
Employees 20 spaces.
Driving Range/Restaurant/Pro Shop Member Patrons 10 spaces.
Total 70 spaces.
The maintenance facility contains 8 excess spaces which can be used for employee
parking. As a result the parking need at the club lot is 62 spaces.
',vEJROBAU~E'\98-0046 Hideout GolfClubXAdd. Vat. into. to SMurray.doc AUG 13 3 1999
RWA ~c.
Results
The number of rounds per year converted to an average number of rounds per day
reported by Old Florida Club is slightly less than the average number of rounds per year
previously agreed to for the purpose of calculating transportation impact l~es. Using the
information provided by Olde Florida Golf Club, the total average day number of spaces
needed at the club facility is 62 spaces.
Peak Day
A more detailed analysis is needed for the peak day.
Assumptions
· Only foursomes will play the course.
· Members will carpool at a rate of two players per vehicle.
· Employees will not carpool
· All golf rounds will be started at hole 1.
· Start times between 7:30 am and 2:00 pm will include foursomes setting out to
complete 18 holes of golf.
· A start time will commence every 15 minutes.
,--- · 30 % of the players (0.30 x 72 = 22 members) will stay an additional two hours at the
club facility.
· 20 members will be stacked waiting for play near the peak hour.
Analysis
Here is the distribution of members on the course and vehicles in the lot.
Time Members on Course Vehicles in Lot
1. 7:30 am 4 2
2. 7:45 am 8 4
3. 8:00 am 12 6
4. 8:15 am 16 8
5. 8:30 am 20 10
6. 8:45 am 24 12
7. 9:00 am 28 14
8. 9:15 am 32 16
9. 9:30 am 36 18
10.9:45 am 40 20
11.10:00 am 44 22
12.10:15 am 48 24
13.10:30 am 52 26
14.10:45 am 56 28
"' 15.11:00 am 60 30 ·
16.11:15 am 64 32
17.11:30 am 68 34
,"JEJROBAU'~\98-0046 Hideout GolfClubx. Add. Var. lnfo. to S.Murray.doc A[J6 O 3 1999
- 3 - pg._ ,.:y .j/ _
RWA INC.
' ~ ! ' '~ c ~ 72 36
i~: ,-~,ai se is saturated at this time and the first members to tee off are completing their
rounds of golf. The resulting golf round is approximately 4:15 minutes.
The assumptions that about 30 % of the players (0.30 x 72 = 22 members) will stay an
additional two hours at the club facility and that an additional five foursomes (20
members) will be waiting for play and parked in the parking lot are added in at 12:00
noon. The following distribution of members at the facility results.
Time Members on Course and in Club Vehicles in Lot
19.12:00 noon 114 57
20. 12:15 pm 118 59
The peak parking need time occurs at approximately 12:15 pm.
From this time forward waiting members are accepted for play for about an hour and 15
minutes. At this time the members that are starting a round of golf are assumed to equal
the members completing a round and leaving the site. The 30% (22 members) hanging
around for various reasons are still accounted for in the parking lot. The foursomes
waiting for play are also accommodated in the parking lot. The peak number of members
on the course and around the club is approximately 118 members. Fifty nine parking
stalls are needed.
21.12:30pm 118 59
22.12:45 pm 118 59
23.1:00 pm 118 59
24.1:15 pm 118 59
25.1:30pm 118 59
Assuming that all employees will drive individually and adding the estimated 20
employee parking stalls needed which corresponds to 40 trips indicated above, the total
number of parking spaces needed is 79 spaces. The maintenance facility has 8 excess
parking stalls for the purpose of providing employee parking and maintenance facility
parking. The number of parking stalls needed at the club facility is 71.
Results
This highly conservative peak day calculation based on the capacity of the course with
start times spaced at 15 minutes indicates that the peak number of parking stalls needed at
the club facility is approximately 71 spaces.
AGENDA ITEM
"~JROBAU',E\98-O046 Hideout GolfClub~Add. Vat. Info. to S.Murray.doc AUG
RXx/A zxc.
Summan'
The trip generation rates proposed for use in the alternative transportation impact fee
calculation correlate well with the actual data received from Olde Florida Golf Club. The
Olde Florida Golf Club rates are slightly lower by 10 rounds per day on average. The
conservative average day scenario indicates that approximately 40 rounds of golf will be
played on the average day. The peak day scenario presented on the basis of the capacity
of the course indicates that on the peak day approximately 138 rounds of golf will be
played up to the 1:30 pm start time near the peak parking need period. The 135 rounds
per day' on an annual basis represent 50,370 rounds. This figure correlates well to the
maximum annual capacity of municipal courses. The two scenarios presented above
indicate that about 70 spaces will sufficiently serve the parking needs of the Hideout Golf
Club facility. The appropriate loading zones are proposed to accommodate the service
vehicles.
Collier County's parking requirements are based on meeting the needs of the most
intensively used golf course facilities, the high use municipal golf course which can
support 40,000 to 50,000 rounds per year and who's patrons typically golf throughout the
day light hours. There is no differentiation in the parking regulations allowing the
smaller limited private membership courses to build smaller parking lot facilities.
Hideout Golf Club is a small membership private club which has the following
characteristics which tend to minimize utilization and associated parking needs.
· No nighttime dining facilities.
· Approximately !! of the membership are not full time residents of Collier County.
· The full time Collier County resident members of the club are generally working
professionals and can not fully utilize the course during seasonal workdays.
· The club membership is limited to 275 members.
The parking variance petition is a proposal to accommodate the less intensive use
scenario experienced by private golf club facilities that average 14,000 to 15,00 rounds
per year as opposed to the municipal courses that can accommodate 40,000 to 50,000
rounds per year. Granting this variance request has no impact on the general public.
Allowing a private course to assess the parking needs of its members is a conservative
approach to administering the County's Land Development Code Regulations. There is a
savings of resources and a net positive impact on the environment. Approving the
variance petition is a reasonable approach to allowing for and accommodating a
differentiation between the parking needs of the large municipal courses and the smaller
private courses.
xEjROBAU"dE\98-0046 Hideout GolfClubXAdd. Vat. lnfo. to S.Murray.doc AUG 0 3 t999
- s - p~. ~.~
RXVA ~×c,
We hope this information is sufficient to process the Petition for Parking Variance.
I5 you hax'~ ~.~- questions, please do not hesitate to call.
Principal
Cc: Terry Archer, Hideout Golf Club
AGENDA IT~' -
AUG
',.EjROBAUXE'x98-0046 Hideout OolfClub~Add. Vat. lnlb. to SMurray. doc F~._ ~/ __
:. RESOLUTION NO. 99-
2
3 RELATING TO PETITION NUMBER
4 PR-99-01, FOR A RESERVATION OF
s OFF-STREET PARKING SPACES ON
s PROPERTY HEREINAFTER DESCRIBED IN
7 COLLIER COUNTY, FLORIDA.
9
~o WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
~ z has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
~2 and such business regulations as are necessary, for the protection of the public; and
~3 WHEREAS, the County pursuant thereto has adopted a Land Development Code
~4 (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
~5 divisions of the County, among which is the granting of reservations of off-street parking
~6 spaces pursuant to Section 2.3.14 of the Code; and
~7 WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
zs the area hereby affected, has held a public hearing after notice as in said regulations made and
~ ~ provided, and has considered the advisability of a reservation of 25 off-street parking spaces
20 to be reserved for future use as shown on the attached plot plan, Exhibit "A" , in order to meet
~' :z the requirements of the Restrictive Covenant and Parking Reservation Agreement between
22 Maurice Kent as President of Hideout Golf Club, Inc., the general partner of Hideout Golf
:3 Club, Ltd. and Collier County, by and 'through its Board of County Commissioners, for
:4 property hereinafter described, and has found as a matter of fact that the granting of said
2s reserved parking will not have any detrimental effect to the public; and
2s WHEREAS, all interested parties have been given oppommity to be heard by this
27 Board in public meeting assembled, and the Board having considered all matters presented;
28 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
29 of Collier County, Florida, that:
30 The Petition PR-99-01, filed by Emilio J. Robam P.E. of RWA Inc., representing
3 z Hideout Golf Club, Ltd., with respect to the property hereinafier described in the attached
32 Exhibit "B" be and the same hereby is approved for a reservation of 25 off-street parking
33 spaces from the required 113 parking spa~es as shown on the attached plot plan, Exhibit "A"
34 to be reserved for future use as a parking area in conjunction with the golf come use located
3s in the Rural Agricultural Zoning District wherein said property is located, subject to the
3s following conditions:
3 v Exhibit "C"
I AUG 0 3 1999
z BE IT RESOLVED that this Resolution relating to Petition Number PR-99-01 be
2 recorded in the minutes of this Board.
i This Resolution adopted after motion, second and majority vote.
4 Done this day of ,1999.
s ATTEST: BOARD OF ZONING APPEALS
? Dx,3,rlGHT E. BROCK, Clerk COLLIER COU~NTY, FLORIDA
:1 PAMELA S. MAC'KIE, Chairwoman
3_3 Approved as to Form and Legal Sufficiency:
:7 Marjone M. Student
~- 8 Assistant County Atlomey
20 g/admmtsue.'PR-99-OI/RESOLUTION
21
22
AUG 0 1999
Exhibit A PR-99-1
.__---- GOLF COURSE
' _,__,,~ PROPERTY---~
I '-- LINE \
' ' '~ I' '[ CART BARN
Q_ . ,
~ ' ~.~ '-'-_ ~ ,, . /' I" ...// '
RESERVaT DN
asEA '~'s WELL~
....
" BRANTLEY. BOULEVARD
........
.................................................................. m A6~ ' ~
~-','~' :,,c ;~sB~...6 ~R¢~ ;,D~ GOLF COURSE
:~ :.c,c. ~":.',=L :~,CCS .~ ~C~DED AUG 0 8 1999
_ ,~ . .... ,. ~.: - ~= ,- _
c~ ~o~ De~ ~ ~" = 50' ·
~ ~ f f ~ ~ En~ron~ ~u~ " TITLE
~,~ HIDEOUT GOLF CLUB
~~~'~ " PARKING RESERVATION EXHIBIT
~~1~ L J ~
(~ ~ ~ (~I)M~ '
,.,. 98-0046t 1 1 .... 80046X0'
TRACTS '~= '~ x~ '~'~ *"~ ANC =4 ,"w=' SUBD~'IStON OF SECTION 24. T 49~
~26.E ~O ~6 ACRE TRACTS AS RECORDED IN ~T B~K 4, PAGE 34, COLLIER
COUNT~ FLORIDA, PUBLIC RECORDS.
AND
PART OF T~CT 31, THE SUBDI~SION ~ SECT~N 2~, T.49~,, R.26.E, m~O ~6
ACRE ~CTS AS RECORDED ~N P~T B~K ~, PAGE 34, COLOR COUNt, EORI~
PUBLIC RECORDS, ~E PARTICU~LT DESCRIBD AS
COVMENCING AT THE SOUTHWEST CORNEP OF SECTION 24, TOWNSHIP 49 SO~H, ~GE
26 E~T, CO~IER COU~ FLORIDA AND ~E S~ST CORNER OF T~T 31, T~
S~DMSION OF SECTION 24, T.49S., R.26E. ~NTO 16 ACRE T~CTS ~ RECORDED
P~T BOOK 4, PAGE ~4, COLUER COUN~ FLORI~ PUBLIC REC~DS; THENCE
N.OD'59'50~. ALONG THE WEST LINE OF ~ID SECTION AND ~E ~E~ LINE O[ ~D
SUBD~9~ FOR 625 15 ~ET T0 THE-POINT OF BEGINNING; THENCE CONTINUE
N.00'59'5~. ALONG ~D WE~ LINE POR 719.07 FED TO THE ~Rt~EST C~NER
OF SAID tACT 3!; THENCE N.8~48'45"E. ALONG THE NOaH UNE OF SAID ~ACT
~1 FOR 527.89 FEET TO THE NORTHaT CORNER OF ~ID TRACT 31; THENCE
S O0'58'45). ALONG THE COMMON LINE OF TRACT 31 ~ IACT 50 F~ 719,59
FE~. THENCE S.B8'52'08'). P~ 527.66 FE~ TO THE POINT OF BEGINN~G
AND
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 24 ~O THE NORTHWEST CO~ER
OF SECTION o: TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE 5.0~53'50~. ALONG
~HE wEST LINE Or SAID SECTION 25 FO~ ~008.00 FE~ T0 THE POl~ OF
EGINN~NG: THENCE CONT:NUE 50~53'50"E. ~ONG SA~D (ST LINE PO~ 1008.00
fEET; THENCE N89'0T24"E. FOR 1980.93 FE~; THENCE N00'58'5t~. FOR
676.0~ PE~, THENCE N-B9'0O'22"E. FOR 659.98 cE~ TO THE EAST LiNE OF THE
NORTH(ST ONE QUARTER (NWl/~) OF ~D SECTION 25; IHE~E N.01'~'30'E.
ALO~ S~D 5AST UNE FOR 1354 79 FED TO ~E N~TH UNE OF ~D SECTION
THENCE N.88'46'18~. ~ONG ~0 NORTH LINE FOR 1318,67 FED: ~ENCE
SO0'ST?~'E FOR ~012.04 FEET: THENCE S.8~56'51'). FOR 1319.64 rED TO
THE P~NT OF BEGINNING
NOTES:
SURVt'Y BASED ON DESCRIPTIONS AS RECORDED IN THE PUBLIC RECORDS OF COLLIER
COUNTY. AS PROVID{ED BY THE CLIENT. TW~ RECORD PLAT OF GOLDEN GATE:-ESTATES,
UNITS 15, 27, 28, 29 AND 195. ALL RECOf~DED IN THE PUBUC RECORDS OF' COLLIER
COUNTY, FLORtOA, A SUFNEY PREPARL'O BY W. LAMAR EVL'RS, INC., FILE NO. C-66-014-1,
DATED I-7-87 AND EXISTING MONUMENTATION.
BEARINGS ARE ELASE~ ON THE SOUTH LINE 0r SECTION 24. 'tOWNSHIP 49 SOUTH, RI, NGE
26 EAS'T. AS EgEARING S.BB'46'tB'W.
THIS ;:>I_AT PREPARED AS A BOUNDARY SURVEY.
THIS c>t, RCEL UES ~ FLOOD ZONE "x". THIS ,4;ORMATION WAS TAKEN fROM rEDERAt AUG 0
TNSURANCE RATE k4AP 120067 0425 D. DATED 6-3-8E,.
INTERIOR IMPROVEMENTS WERE NOT LOCATED AT TIffS TIME PER FrE:OUEST OF THE CLIENT. pq
E::~:~:: C PR-99-I
1. The developer is subject to all of the requirements of Section 2.3.14. of the Land
Development Code, Off-street parking reservation, as mended, and all other
applicable sections of the Land Development Code.
2. A roadway surface condition sur,,ev of the last (southerly) mile of23rd St. S.W., shall
be submitted to the Collier County Transportation Services Department for review
and approval prior to final site plarb'construction plan approval. Following
construction of the golf course, the clubhouse. and the maintenance facility, the
developer shall submit another survey. I f, and to the extent that, the survey discloses
degradation to the last mile of2Y'd St. S.W. attributable to the construction of the golf
course, the clubhouse, and the maintenance facility, the developer shall restore that
portion of the street to its pre-construction condition. Prior to the issuance of building
~ ' permits for the project. the petitioner shall provide reasonable financial assurances, in
any of the forms authorized for subdivision improvement guarantees, that funding
will be available to make the restoration if shown as necessary by the survey.
AUG 0 :} 1999
EXECUTIVE SUMMARY
PETITION V-99-10, ANTHONY P. PIRES, JR., ESQUIRE, OF WOODWARD, PIRES &
LOMBARDO, PA, REPRESENTING TINA M. OSCEOLA, REQUESTING AN AFTER-
THE-FACT VARIANCE OF 13.6 FEET FROM THE REQUIRED FRONT YARD
SETBACK OF 30 FEET TO 16.4 FEET FOR PROPERTY LOCATED AT 4447 29TM
AVENUE SW, FURTHER DESCRIBED AS LOT 18, BLOCK 101, GOLDEN GATE
UNIT 3, IN SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
OBJECTIVE:
The petitioner requests a 13.6-foot after-the-fact variance from the required 30 foot front
yard setback for a principal structure, along the east property line to allow the
completion of the structure.
CONSIDERATIONS:
The petitioner wishes to allow a single family home under construction to remain on the
subject property.
In the RSF-3 district, a corner lot must be 95 feet wide to be conforming, according to
the Land Development Code. The setback for a non-conforming corner lot, along the
long front yard, may be reduced by fifty percent. The subject lot is approximately 99
feet wide and is therefore a conforming lot. The applicant mistakenly considered the
subject lot, non-conforming and therefore submitted an application for a building permit
indicating a front setback of 12 feet along 44t" Terrace SW. The Customer Service
Agent also mistakenly considered the lot non-conforming, but advised the applicant that
fifty percent of the required 30-foot front yard is 15 feet and corrected the plans. The
Building Permit (1998091573)was issued on February 1, 1999. The County requires a
10-day spot survey, so that setback errors may be brought to the attention of the
property owner at an early stage, without extensive reconstruction. The slab was
poured on March 5, 1999 and the spot survey was submitted on March 10, 1999, at
which time the setback error was identified. However, by this time the concrete block
walls were up and the tie beam had been poured.
One statement of no objection and two statements of objection were received.
FISCAL IMPACT:
-"""' Since the subject property is a platted lot with infrastructure to support a single family
home, approval of this petition would have no additional fiscal impact on the Ca ~,,~,. AGENDA ITEM
AUG O 3 1999
GROWTH MANAGEMENT IMPACT:
Since the use of the lot is single family residential and within the parameters of the
Density Rating System, the use of the property proposed for the variance is consistent
with the Future Land Use Element of the Collier County Growth Management Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioners' property is not located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or
waiver is not required.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission reviewed this petition on June 17, 1999. At
the hearing, the Commissioners decided that the ameliorating' factor (the extensive
unpaved right-of-way) compensated for the encroachment. By a Unanimous vote, the
CCPC forwarded Petition V-99-10 to the Board of Zoning Appeals with a
recommendation of approval.
PREPARED BY:
R"'~VIEWED BY:
~ONALD F. NINO, AICP DATE
CURRENT PLANNING MANAGER
PLANNING SERVICES DIRECTOR
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINIST~' OR~.
executive summa~N-99-10
I. U 3 3 3 1999
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: FRED REISCHL
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: MAY 19, 1999
RE: PETITION V-99~10
AGENT/APPLICANT:
Owner: Tina M. Osceola
4211 22nd Avenue SW; No. 92
Naples, FL 34116
AGENT: Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, PA
801 Laurel Oak Drive; Suite 710
Naples, FL 34108
REQUESTED ACTION:
The petitioner requests a 16.4-foot after-the-fact variance from the required 30 foot front
yard setback for a principal structure, along the east property line to allow the
· completion of the structure.
GEOGRAPHIC LOCATION:
The subject property is Lot 18, Block 101, Golden Gate Unit 3, located at 4447 29th
_ Avenue_SW. AGENDA ITEM
No./-?[A)3
AUG 0 3 1999
""' c),.
c),
I
/
_J
' ~ ~= ~,GENDA ITEM
! ' ' i" . ~ '- I ,~=~,~ 0 3 1999
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner wishes to allow a single family home under construction to remain on the
subject property.
In the RSF-3 district, a corner lot must be 95 feet wide to be conforming, according to
the Land Development Code. The setback for a non-conforming corner lot, along the
long front yard, may be reduced by fifty percent. The subject lot is approximately 99
feet wide and is therefore a conforming lot. The applicant mistakenly considered the
subject lot non-conforming and therefore submitted an application for a building permit
indicating a front setback of 12 feet along 44t" Terrace SW. The Customer Service
Agent also mistakenly considered the lot non-conforming, but advised the applicant that
fifty percent of the required 30-foot front yard is 15 feet and corrected the plans. The
Building Permit (1998091573) was issued on February 1, 1999. The County requires a
10-day spot survey, so that setback errors may be brought to the attention of the
property owner at an early stage, without extensive reconstruction. The slab was
" poured on March 5, 1999 and the spot survey was submitted on March 10, 1999,-~t
which time the setback error was identified. However, by this time the concrete block
walls were up and the tie beam had been poured.
SURROUNDING LAND USE AND ZONING:
Subject: Single family house under construction; zoned
RSF-3
Surrounding: North - Single family house; zoned RSF-3
East - 44th Terrace SW ROW
South - 29th Avenue SW ROW
West - Single family house; zoned RSF-3
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is not located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or
waiver is not required.
A~A ITEM
AUG 0 3 1999
2
Pi- ~
EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND
ENVIRONMENT:
Approval of this variance request will have no effect on infrastructure, transportation or
the environment.
ANALYSIS:
Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning
Appeals to grant variances. The Planning Commission is advisory to the BZA and
utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general
guidelines to be used to assist the Commission in making a determination. Responses
to the items in Section 2.7.5.6 are as follows:
a. Are there special conditions and circumstances existing, which are peculiar
to the location, size and characteristics of the land, structure or building
involved? '~'
No. The subject improvements could have been configured to fit on the property
with the required setbacks.
b. Are there special conditions and circumstances, which do not result from
the action of the applicant such as pre-existing conditions relative to the
property, which is the subject of the variance request?
Yes. The setbacks indicated on the approved site plan were incorrect. The
builder constructed the house according to the approved plan.
c. Will a literal interpretation of the provisions of this Land Development Code
work unnecessary and undue hardship on the applicant?
There is no land-related hardship. However, the Petitioner has constructed the
house up to the tie beam. Denial of this variance would cause financial hardship-
to the Petitioner.
d. Will the variance, if granted, be the minimum variance that will make
possible the reasonable use of the land, building or structure and which
promote standards of health, safety and welfare? '
Yes. The structure is existing and therefore would be the minimum vari~ qce AGENDAITEM
required.
AUG O 3 1999
3
e. Will granting the variance requested confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings,
or structures in the same zoning district?
Yes, this variance will allow the petitioner to have a smaller front yard than would
be permitted for a similar lot in the RSF-3 zoning district.
f. Will granting the variance be in harmony with the general intent and purpose
of this Land Development Code, and not be injurious to the neighborhood,
or otherwise detrimental to the public welfare?
No, granting of this variance will reduce the amount of the required yard, which will
not be in harmony with the general intent and purpose of the LDC. However,
approval of this request will not be detrimental to the public welfare. Approval will
be injurious to the neighborhood only aesthetically.
g. Are there natural conditions or physically induced conditions that ameliorate
the goals and objectives of the regulation such as natural preserves, lakes,
golf courses, etc.?
Yes. The house is over 46 feet from the edge of pavement.
h. Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
STAFF RECOMMENDATION:
Because the error was caused, in part, by a building permit issued in error, and because
the house is over 46 feet from the edge of pavement, staff recommends that the CCPC
forward Petition V-99-10 to the BZA with a recommendation for approval.
AGEND A ITEM
AUG 0 3 1999
PREPARED BY:
, 92
FRED NER DATE
CURRENT PLANNING
- , e::::j,2,.~,Clr-4
R~NALD F. NI~/O~, ~[C'~ DATE
CURRENT PLANNING MANAGER
ROBERT J. MULHERE, A~GP DATE
PLANNING SERV~GES D~REGTOR
VINCENT a. CAUTERO, AICP, ADMINISTRATOR ~)ATE/
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition Number: V-99-10
Staff report for the June 17,1999 CCPC meeting.
Collier County Planning Commission:
AUG 0 3 1999
S
VARIANCE PETITION
(VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICUL~D. ISTRICI'J?
Petition No. t1~ ~ 9 ~) -' i !.! ~ ', Date Petition c ~ved~
· Re e'
L ..... -"
Commission District: '-fi Planner Assigned: ~/~'t 5 C-~(..
ABOVE TO BE COMPLETED BY STAFF
GENERAL INFORMATION:
Petitioner's Name: Tina M. Osceola
Petitioner's Address: 421 t 22nd Avenue SW ~ 92C
Naples, Florida 34116 Telephone: (941) 354-0430
Agent's Name: Anthony P. Pires, Jr., Esq.
Agent's Address: Woodward, Pires & Lombardo, P.A.; 801 Laurel Oak Drive, Suite 710
Naples, Florida 34108 Telephone: (941) 566-3131
Facsimile: (941) 566-3161
COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING
SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 ~,c_.,E~^ rrtM
PHONE (941) 403-2400/'FAX (941) 643-6968 no./_.F_/te) .~
AUG 0 3 1999
Application for Variance Petition - 8/98 Page 1 of 8
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary)
Name of Homeowner Association: N/A
Mailing Address City State __Zip.
Name of Homeowner Association:
Mailing Address City State __ Zip.
Name of Homeowner Association:
Mailing Address City State __ Zip
Name of Master Association: N/A
Mailing Address City State __ Zip
Name of Civic Association:
Mailing Address City State __ Zip
PROPERTY DESCRIPTION:
Legal Description of Subject Property:
Subdivision: Golden Gate City Unit 3 Lot (s) 18 Block (s) 101
Section Twp. Range Property I.D. # 0000036001040004
Metes &Bounds Description: N/A
' AUG O 3 1BBg
Application for V~ria~ce Perilion - 8/98 P~e 2 of 8
Pl. /~
Address of Subject Property: 4447 29t" Avenue S.W.
(If different from Petitioner's address)
Current Zoning and Land use of Subject Parcel: RSF-3, single family home under
construction
Adjacent Zoning & Land Use:
ZONING LAND USE
N RSF-3 Single Family dwelling
S RSF-3 Single Family dwelling
W RSF-3 Single Family dwelling
E RSF-3 Single Family dwelling
Minimum Yard Requirements for Subject Property:
Front: 30 Corner Lot: Yes [] No []
Side: 7.5 Waterfront Lot: Yes [] No []
Rear: 7.5
AGENDA ITEM
AUG 0 3 1999
Application for Variance Petition - 8/98 Page 3 of 8
Nature of Petition
Provide a detailed explanation of the request including what structures are existing and what is
proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from
25' to 18'; when property owner purchased property; when existing principal structure was built
(include building permit number (s) if possible); why encroachment is necessary; how existing
encroachment came to be; etc.
The Petitioner is requesting a reduction of the otherwise required front yard setback along
441h Terrace S.W. from 30' to 16.48' (see Exhibit "A").
This is a new house under construction pursuant to building permit #98-091573 issued
to All American Homes, Inc. (see Exhibit "B"). The plot plan attached to the permit, as approved,
depicted a 15' setback along 44~h Terrace S.W. (See Exhibit "C"). Construction pursuant to the
approved plans and issued permit began on February_ 1, 1999. The slab was poured on or about
March 5, 1999 and a foundation survey was performed on March 9, 1999 and thereafter submitted
to County staff. A copy of this foundation survey is attached hereto as Exhibit "D". County staff,
on March 10, 1999 then advised the builder that the required setback along 441h Terrace S .W.
should have been 30' and not 15' as shown on the approved plans. By this time the concrete block
(CB S) walls were up and the tie-beam had been poured. The contractor immediately halted all
construction and began discussing a resolution with County staff.
See Narrative for Additional Information
A~A ITEM
AUG 0 3 1999
Application for Variance Petition - 8/98 Page 4 of 8
Pg.
Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the
Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or
deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages ff
necessary.)
1. Are there special conditions and circumstances existing which are peculiar to the location, size
and characteristics of the land, structure, or building involved.
Se~ Attached Narrative
2. Are there special conditions and circumstances which do not result from the action of the applicant
such as pre-existing conditions relative to the property which is the subject of the variance request.
See Attached Narrative
3. Will a literal interpretation of the provisions of this zoning code work unnecessary. and undue
hardship on the applicant or create practical difficulties on the applicant.
See Attached Narrative
4. Will the variance, ff granted, be the minimum variance that will make possible the reasonable use of
the land, building or structure and which promote standards of health, safety or welfare.
See Attached Narrative
AUG 0 3 1999
Application for Variance Petition - 8/98 Page 5 of 8 Pl. _/,5
5. Will granting the variance requested coffer on the petitioner any special privilege that is denied by
these zoning regulations to other lands, buildings, or structures in the same zoning district.
See Attached Narrative
6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be
injurious to the neighborhood, or othem,ise detrimental to the public welfare.
See Attached Narrative
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf course, etc.
See Attached Narrative
8. Will granting the variance be consistent with the growth management plan.
See Attached Narrative
AUG 0 3 1999
Application for Variance Petition - 8/98 Page 6 of 8
VARIANCE PETITION
APPLICATION SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
RE Q UIREMEN TS # o F
COPIES REQUIRED
1. Completed Application 15
1. Completed Owner/Agent Affidavit, Notarized 1
1. Pre-application notes/minutes 15
1. Survey of property, showing the encroachment 1'
(measured in feet)
1. Site Plan depicting the following: 15
a) All property boundaries & dimensions
b) All existing and proposed structures (labeled as such)
c) North arrow, date and scale of drawing
d) Required setbacks & proposed setbacks
6. Location map depicting major streets in area for 1
reference
7. Application fee, checks shall be made payable to _
Collier County Board of Commissioners
8. Other Requirements - _
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist
is included in this submittal package. I understand that failure to include all necessary. submittal information
may result in the delay of processing of thi~ petition.
' " AGENDA ITEM
Applicant/Agent Signature Date
AUS O 3 1999
Application for Variance Petition - 8/98 Page 7 of 8
p~.
AFFIDAVIT
We/I, Tina M. Osceola, being first duly sworn, depose and say that we/1 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 apart of this application, are
honest and true to the best of our knowledge and belief We/I understand that the information
requested on this application must be complete and accurate and that the content of this form,
whether computer generated or County printed shall not be altered Public hearings will not be
advertised until this application is deemed complete, and all required information has been
submitted
As property owner We/I further authorize Anthony P. Hres, Jr. of Woodward, Pires &
Lombardo, P.A. to act as our/my representative in any matters regarding this Petition..':
Signature of Property Owner Sig~/ature of Property Owner
Tina M. Osceola
Typed or Printed Name of Owner Typed or Printed Name of Owner
State of Florida
County of Collier
l_~;j~, by Tina M. Osceola who is personally known to me or has produced F '
~'U .J~ NO---4,r S I ;'C 'e./3,,SC as identification.
i~i~:~;7*;";ii""~' MV COMMISSION ~ d:g6~726 EXPIRES
~i2 April 22. 2001 ' ' '
".,i~;.::~"...D~ ~ ~, ,.,. ,..su~xuc~. ,~c. (Print, Type, or 34arnp Cominissioned ·
Name of Notary Public) AGENDA ITEM
AUG 0 3 19 9
Application for Variance Petition - 8/98 Page 8 of 8 PJ.//7o _
NARRATIVE TO VARIANCE PETITION
TINA M. OSCEOLA
4447 29TM AVENUE S.W.
UNIT 3, LOT 18, BLOCK 101 GOLDEN GATE CITY
As noted in fie Petition, fie parcel involved jsa camea' Jot.
front yards and two side yards. The yard for which the variance is requested is the front yard
setback along 444 Terrace S .W. 44~h Terrace S.W. is a very busy roadway. The Petitioner
oriented the house in such a fashion so as to minimize exposure of the residence facing 44~h
Terrace S.W. while leaving additional room, in the future, for a pool and screen enclosure
to be erected to the rear of the house. Additionally, the orientation of the house results in a
greater building separation between the Petitioner's house on the subject property and the
existing houses located on adjacent Lot 17 and Lot 19. If the house is to be moved and
reoriented so as to achieve a 30' setback along 44th Terrace S.W., the back of Petitioner's
house would be very close to and look directly into the side of the existing home on Lot 17.
Additionally, during the course of the building permit application, althe~hgh the
applicant initially submitted a set of plans that showed a 12' setback along 44~h Terrace S.W.,
with the assistance of County staff the setback along 44~h Ten-ace S.W. was adjusted to 15'.
A literal interpretation of the provisions of the zoning code would work an
unnecessary and undue hardship on the applicant, and work great practical difficulties on the
Petitioner in that the slab, concrete block wall and tie-beam constructed to date would have
to be removed in their entirety. Thereafter further substantial, additional construction
activity would be required to "turn the house" on this Lot 18 in order to achieve a 30' front
yard setback. The delay in the construction of the residence would be substantial and the
additional estimated cost of $20,000.00 to $30,000.00 to engage in the demolition and
reconstructive work is substantial and would work a hardship and create practical difficulties.
The variance requested is the minimum variance necessary to make a reasonable use
of the land, building and structures. The Petitioner also indicates that the installation of
additional landscaping along 444 Terrace S.W. would be appropriate in order to further
enhance the current neighborhood.
Granting the variance will be in harmony with the intended purpose of the zoning
code and not be injurious to the neighborhood or otherwise detrimental to the public welfare.
In fact, as indicated and shown above, allowing the house to remain in its current location
and orientation would have a positive effect and impact on the owners of Lots 17 and 19
adjacent to Lot 18.
In all events, granting the variance would be consistent with the growth management
plan.
Osceola/Narrative
AUG 0 3 1999
pl./~'
12
II
10
14
14 15
13 16
6
12 17
II 18 7~ % -'--'
8
20
% 2
8 21
i28 I
4
7 22
3 2~ O 29TH ,6L.
6 23
24 2 30 Q 10
2 9
~ 3~ ST/INS4
4 25 ~
30TH AVENUE S.W. ~ 8
·
3 26 · '
·
1 13
2 27 2 3 4 5 6 ,~,'jO.~8 ~ 10 11 12 6
- , -- 5 ,
25' 24 23 22 ':21 20~'': le 18 17'
28 26 14 5
" 30TH PLACE S,W. --~-~- - ~_ 4
3
,
,.11ST AVENUE S.W. ~
BOAR'~ COLLIER COUNTY I'~ S ,.,
OF COUNTY COMMISS NER r' .,,;.f
PERMIT
PEILMIT i: 1998093 573 PERMIT BR2 VA/,ID 573
ISSUED: 0~-0]-~ ~ I~Y Z'E~LbA j APPLIED 09-2~-9~ APPROVAL DATE
~STER ~: 1998097 ]7~ [{H, 95-~803
JOB ADDRESS: ~ 4 ~ ' 29'l'l~ ;vb'E SW
JO~ DF~FTION~ ~ ~.:$'~;~ - 2DD ~PS JOB PHONEi
SUBDIVISION M: ~,18 -!jo[den Gate City Unit 3 BLOCK: 101 LOT:18
FLOOD MAP: 0415 ~l)NE: X ELEVATION:
FOLIO M: 0000036'910d"~:~ TOWNSHIP-RANGE-SECTION:
OWNER INFORMATIOq: CONTRACTOR INFORMATION:
HO, MEI JAMES=& .]ARIA ALL AMERICAN HOMES, INC.
6336 HIDDEN CANY>N ~[. ~863 GOLDEN GATE PKWY
CENTREVILLE, VA 220;'/~ i~ NAPLES, FL 34116-
CERTIFICATE ~: 15788 PHONE:
FCC CODE: ] 01 ~ / 31 NGLE FAMILY DETACHED '~
CONSTRUCTION CoCb': (i TYPE V - NONCOMB WALL-UNPROTECTED
JOB VALUE: 84,O0.UI: TOTAL SQFT: 2,440
SETBACKS FRONT: 30 ;~, REAR: 7.50 LEFT: 7.50 RIGHT:
SEWER: SEPTIC ~['..["I iC N WATER; WELL WELL N
CONTACT NAME: S~ ']~LANbA
CONTACT PRONE:
Per Collier Coua,t' O~.,tb:, NO 96-83. a~ amended, all work u~r the septDyed bulldeW permit
with all appli{:~b ~ l~w~ ~'(.,k's, or~i~nces aM additional stl~lations and/or Conditions of Pemit.
appfoveC permit e~pir~r ~ work authorized is not. comenced within SiK (6} months Eros ~te of issue
evidenced by the ~accu~;.~r.,: ~:~pletion of the foundati~ Inspections as stated in Ordinance No. 96-83
10~.6.1.b as anKm ~,d. ~ ~- ]c'~;olution Nu. 86-594 provides rot a~itional fees for failing to obtain
pilot to com~n~ j. ~G~ ,;~;~; r,,-tion. The ~ermittee further under~tand~ that only licensed ~ntractor~ may
empI~eO and th,,t thu :~,..,~;Hxe shal] Dot Oe used or occupie~ until a Certificate of Oc~pa~cy as
NOTICE: In additicr. I< the ,c~rut ,umentm of this permit, there may be additional r~st~lctiona applicable tc~ this
~,y ~e found in tI,~ [.blic ,~cnr,l,~ Of thi~ county. and there Ny be additional permits required 1s~ othml: ~ovexnmemxt.~l
mntiti~: much aa w~tl; man{mU~n.hu, d~st~icts, state agencies. or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A
NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO 'YOUR PROPERTY.
IF YOU INTEND TO OBTAIN FINANCING CONSULT WITH
YOUR LENDER OR AN ATTORNEY BEFORE RECORDING
YOUR NOTICE OF COMMENCEMENT.
AUG 0 3 1999
EXIIIBIT "B" CD?R~OZ
EXISTING
WELL G.T. '7 5/ ENGINEERS CERTIFICATION OF
ROCK OR SOIL REMOVAL AND
Opp 74.81' 25.0' REPLACEMENT REQUIRED.
I 6' EASEMENT ~: -,~
I PROPOSED WELL
: . -- O.T. 75, I °' ~ ,
I I' FRO~4 SEPTIC ~,i " J
S BMIT CERTIFIED ~
I :~ B LOW DR/dNRELD'
~ ~ ' I .~ PROPOSED WATERLINE ~ O 54' I~EPTH.
ij.'-,~ 74._o..
· ; bJ
....
~' ,,~ PROPOSED
: ' ~
. i_F_ ~.,Fi d;""'!",' -- H~_.5_ ..... i .....
i I~, oR.vE .' ............. I ~'~2:~ L "
L 6' EASEMENT ' 948 SO
RIGHT OF WAY 77.79'
I
EDGE OF PAVEMENT i,~r,~,-r.~.":," I '
~ Z~T. ~v~.u~ s.w. -t~' ¥ --.~
DESIGN FLOW: ~00 GaLLONSPER"Da~~ '~' '
TYPE SYSTEM: FILLED - DRAINREID SERV1CIES AND DESIGN, INC.
SO. FT. UNDER, ~ f-/ae 2647 DAVIS BOULEVARD
TANK SIZE: 900 GALLONS NAPLES, FT_.OmDA 3'3942
DRAINFIELD: 465 SF.(15' X 319 OFRCE: (94l)775-3878 ~,~
COMMENTS:
REQUIRES EXCAVATION
AND SOIL ANALYSIS DATE: 8/31/96 FOR:
- SCALE: 1 "=,20' ALL AMERICAN HOMES ~A ITE. kA
1053 SO.FT. OSCEOLA UNIT ,3, GOLDEN GATE
RESIDENCE
.o. EL: AI~G 0 3 1999
Z~.= SEPTIC SY5TEM REFERENCE MARKER WASHINGTON 3
RESOLUTION NO. 99-
RELATING TO PETITION NUMBER V-99-10
FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a 13.6-foot after-the-fact variance from the
required front yard setback of 30 feet to 16.4 feet as shown on the attached plot plan, Exhibit
"A", in an RSF-3 Zone for the property hereinafter described, and has found as a matter of
fact that satisfactory provision and arrangement have been made concerning all applicable
matters required by said regulations and in accordance with Section 2.7.5 of the Zoning
Regulations of said Land Development Code for the unincorporated area of Collier County;
and WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition V-99-10 filed by Anthony P. Pires, Jr., Esq., of Woodward, Pires &
Lombardo, P.A., representing Tina M. Osceola, with respect to the property hereinafter
described as:
Lot 18, Block 101, Golden Gate Unit 3 as recorded in Plat Book 5,
Pages 97 through 105, of the Public Records of Collier County,
Florida.
be and the same hereby is approved for a 13.6-foot after-the-fact variance from the required
front yard setback of 30 feet to 16.4 feet as shown on the attached plot plan, Exhibit "A", of
the RSF-3 Zoning District wherein said property is located, subject to the following
conditions:
This variance is for the encroachment depicted in Exhibit "A".
_ _. Other encroachments shall require separate variances. AC/_I~A ITEM
AUG O 3 1999
-:].-
BE IT RESOLVED that this Resolution relating to Petition Number V~99-10 be
recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of 1999.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, Chairwoman
Approved as to Form and Legal Sufficiency:
Marjo~e;Kl. Student
Assistant County Attorney
gjadmin/sueN-99- I 0/ RESOLUTION
..
· .-. AUG 0 3 1999
, -2- p~,_
EXECUTIVE SUMMARY
APPROVAL OF UTILITY EASEMENTS FOR WATER AND SEWER FACILITIES FOR
PEBBLEBROOK LAKES, PHASE I
OBJECTIVE: Request the Board of County Commissioners,
Ex-Officio the Governing Board of the Collier County Water-Sewer
District, to accept the conveyance of all utility easements
recorded in OR Book 2559, Pages 2536 through 2633, inclusive,
Public Records of Collier County which grants an additional five
(5') foot easement across the front of all properties in
Pebblebrook Lakes, Phase 1.
CONSIDERATIONS:
1) The Developer of Pebblebrook Lakes, Phase 1, has constructed
the utilities within the subject 5' additional utility easements
for water and sewer facilities.· See attached location map.
2) Staff has recorded all appropriate legal documentation which
had been reviewed by the County Attorney's office for legal
sufficiency.
FISCAL IP/PACT: None
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: The Community Development and Environmental
Services Division Administrator recommends thaE the Board of
County Commissioners, Ex-Officio the Governing Board of the
Collier County Water-Sewer District, accept the easements for
water and sewer facilities for Pebblebrook Lakes, Phase 1.
1999
Executive Summary
Pebblebrook Lakes, Phase 1
Page Two
PREPARED BY:
Shirley Nix, Engineering Technician II Date
EngineerS-rig Review Services
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Services Manager
Rob~ CP Date
Planning Services Department Director
APPROVED 'BY:
~ .'
/ /
V~ce~ ~. 'Cs~e~o, ~dm~~o~ D~e
CO~Hg~Z~ DBVB~O~HB~ ~D B~V~O~B~ BB~VZCBB
· /~UG 0 3 1999
' ' ' O.C ATIO N MAP
. N.T.S.
AUG 0 3 1999
AU~ 0 3 ~999
EXECUTIVE SUMMARY
ASSIGNMENT AGREEMENT FOR EASEMENT FOR
FIDDLER' S CREEK, PEASE I-B, UNIT 3
OBJECTIVE: The Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer District, to
accept the conveyance of the Assignment Agreement for the easement
for water and sewer facilities.
CONSIDERATIONS:
1) The Developer of Fiddler's Creek, Phase l-B, Unit 3, has
constructed the water and sewer facilities within platted
easements to serve this development. See attached location map.
2) The Assignment Agreement for the easement has been reviewed
by the County Attorney's office for legal sufficiency.
FISCAL IMPACT: The water facilities were constructed without cost
to the Collier County Water-Sewer District. The cost of operating
and maintaining the water and sewer facilities will be paid by
monthly user revenues.
GROWTH MANAGEMENT IMPACT: This project has been connected to the
County Regional Water Treatment Plant and the South Regional
Wastewater Treatment Plant. This project will not create a new
impact, as it was planned for within facilities available at
present.
RECOMMENDATION: The Community Development and Environmental
Services Division Administrator recommends that the Board of
County Commissioners, Ex-Officio the Governing Board of the
Collier County Water-Sewer District, accept and sign the
Assignment Agreement for the easement for Fiddler's Creek, Phase
I-B, Unit 3.
Executive Sunnmary
Fiddler's Creek, Phase l-B, Unit 3
Page Two
PREPARED BY:
~ : , ::,,, . .] .,',.~'
Shirley Nix, Engineering Technician II Date
Engineer{~ng Review Services
REVIEWED BY:
Engineering Review Services Manager
Rob P Date
Planning Services Department Director
APPROVED BY:
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
AGEHDA ITEM
AUG O 3 1999
ASSIGNMENT AGREEMENT
THIS ASSIGNMENT AGREEMENT made and entered into this
~ day of ~;~4 , 1998, by and between the FIDDLER'S
~EEK COMMUNITY'~EV~LOPMENT DISTRICT, a political subdivision of
the State of Florida, (hereinafter referred to as "Assignor"), and
zhe BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE
GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors
and assigns, (hereinafter referred to as "Assignee").
WHEREAS, Assignor is the Grantee under that certain Assignment
of Reservations and/or that certain Utility Easement ("Utility
Easement") from Gulf Bay 100, Ltd., a Florida limited partnership
and Parcel Z, Inc., a Florida corporation, d/b/a 951 Land Holdings
Joint Venture ("951 Land Holdings") to Assignor concerning certain
water utility facilities located within the real property
referenced in said Utility Easement, a copy of said Utility
Easement being attached hereto and made a part hereof as Exhibit
"A"; and
WHEREAS, certain water utility facilities located within the
aforedescribed Utility Easement have been conveyed to Assignor from
951 Land Holdings by Bill of Sale and Warranty Deed, which water
utility facilities are simultaneously herewith being conveyed to
Assignee from Assignor; and
WHEREAS, it is necessary that Assignee obtain the rights of
Assignor as the Grantee in said Utility Easement as to said water
utility facilities.
NOW THEREFORE WITNESSETH that for and in consideration of the
premises and in consideration of the sum of Ten and 00/100 Dollars
($10.00), receipt of which is acknowledged by Assignor from
Assignee, and other good and valuable consideration, the parties
hereto agree as follows:
1) Assignor hereby conveys, grants, transfers, demises,
releases and assigns unto Assignee, its successors and assigns, all
of the rights of Assignor as Grantee under the Utility Easement
referenced hereto and made a part hereof as Exhibit "A" as to the
aforesaid water utility facilities. Assignee aforesaid hereby
accepts said assignment.
2) Governinq Law. This Assignment shall be construed and
enforced in accordance with and governed by the laws of the State
of Florida.
Fiddlcrs',Utili~"',Unit3.1 BLAssigr~. M ] 2 AC/,NOA {TF, M
Phase 1B. Unit 3 1
AUG O 3 1999
3) Modification; Additional Assurances. No change,
amendmen:, modification or cancellation of any part of this
Assignment Agreement shall be valid unless in writing and signed by
Assignor and Assignee.
4) Binding Effect. The terms, covenants and conditions
contained herein shall inure to the benefit and be binding upon
Assignee and Assignor and their respective successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date and year first written.
ASSIGNOR:
Attest: FIDDLER'S CREEK COMMUNITY
DEVELOPMENT DISTRICT
By: \ . ~
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Assignment Agreement was sworn to and subscribed
before me by Larry Mullins , as Chairman Of the
FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on behalf of the
Fiddler's Creek Community Development District who is personally
known to me.
1998. .
Print Name ~.~/~ C~iPC-h~-~- 4/\~j~J
My Commission ~xpire~:
Fiddlers' Utilit)' ',UniL3,1Bx,A ssign. M 12 AGENDA ITEM
Phase I B. Unit 3 2
AUG 0 3 1999
ASSIGNEE:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA AS
THE GOVERNING BODY OF COLLIER
F~" COUNTY AND AS EX-OFFICIO THE
C GovERNInG BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
BY:
Pamela S. Mac'Kie, Chairwoman
Chairman
Approved as to from and
legal sufficiency
Assis~an~ CoUnty Attorney
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take
acknowledgments, personally appeared BARBARA M. BERRY, well known
to me to be the Chairman of the Board of County Commissioners,
Collier County, Florida, As The Governing Body of Collier County
and as Ex-Officio the Governing Board of The Collier County Water-
Sewer District, being authorized so to do, executed the foregoing
Assignment Agreement for the purpose therein contained under
authority duly invested by the Board of County Commissioners, and
that the seal affixed thereto is the true seal of said Board.
WITNESS my hand and official seal in the County and State last
aforesaid this day of , 1998.
(Notarial Seal)
Notary Public
Print Name:
My Commission Expires:
This instrument prepared by:
Anthony P. Pires, Jr.
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 710
Naples, Florida 34108
(941) 566-3131
Fiddlers ',Utili~'\Unit3.1BxAssign. M 12 AC~A ITEJlt
Phase I B. Unit 3 3
AUG O 3 1999
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing was acknowledged before me by James P. Ward,
Secretary of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on
behalf of the Fiddler's Creek Community Development District, who
is personally known to me or has proG~creed
as identification and he did take an oath.
WITNESS my hand and official seal this~7/~ day of
, 1998. ~~
Notary~-~bli6- ~,-'~
My Commission EXpir'e~:
~[~:~:~;~a~ ~THONYP. PIRES. jR
AC. ENDA ,'rs,~
No.~
AUG 0 3 1999
This instrument prepared by:
Mark J. Woodward
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 710
Naples, Florida 34108
UTILITY EASEMENT
THIS EASEMENT, granted this ~day of May, 1998, by Gulf Bay
100, LTD., a Florida Limited Partnership, and PARCEL Z, INC., a
Florida corporation, d/b/a 951 LAND HOLDINGS JOINT VENTURE, its
successors and assigns, as Grantor, in favor of the FIDDLER'S CREEK
COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, as
Grantee.
WITNESSETH: That the Grantor for and in consideration of the
sum of ten dollars ($10.00) and other valuable consideration paid
by the Grantee, receipt of which is hereby acknowledged, hereby
conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement,
license, and privilege to enter upon and to install and maintain
water utility facilities, in, on, over and under the following
described lands being located in Collier County, Florida, to wit:
See attached Exhibit "A" which
is incorporated herein by reference.
TO HAVE AND TO HOLD the same unto the Grantee and its assigns,
together with the right to enter upon said land, excavate, and take
materials for the purpose of constructing, operating, and
maintaining water utility facilities thereon. Grantor and Grantee
are used for singular or plural, as the context requires.
IN WITNESS WHEREOF, GRANTOR has caused these presents to be
executed the date and year first above written.
Signed, sealed and delivered 951 LAND HOLDINGS JOINT VENTURE
in the presence of:
By: Gulf Bay 100, LTD., a
Florida Limited
Partnership
By: Gulf Bay 100, Inc., a
Flo da corporation,
as eneral Partn r and
i if
/ By: -
pr~6 Name: eD/a~e ~.
( CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Utility Easement was acknowledged before me by
Aubrey J. Ferrao, President of Gulf Bay 100, Inc., a Florida
corporation, on behalf of Gulf Bay 100, Inc. and as General Partner
on behalf of Gulf Bayl00, Ltd., a Florida limited partnership. He
is personally known to me and did not take an oath.
· seal
WITNESS my hand and official ' g y/~f~,~9
,~Tuv-~.~.,.~,a~;,~V' My Commission Exp :
' O 3 1999
{ddters\U~ility\Unit~.lS\Uti[~tyZ.Eas Page i o f 2
Exhi
~ By: Parcel Z, Inc., a Florida
corporation
Print N
By:
~ . ~'. Tadasni Kob~shi,President
Print Name:
(CORPORATE SEAL)
STATE OF NEW YORK
COUNTY OF NEW YORK
The foregoing Utility Easement was acknowledged before me by
TADASHI KOBAYASHI, President of Parcel Z, inc., on behalf of the
corporation. He is personally known to me and did not take an
oath.
WITNESS my hand and official seal this /~/day of May, 1998.
(SEAL)
Notary
m
,JAMES J. MCCARTHY
NOTARY PUBLIC, State of New York
No. 01MC5071195
QualiFIed in New Yolk County
This instrument prepared by: Term Expires January 6. ~999
Mark J. Woodward
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive, Suite 710
Naples, Florida 34108
EXHIBIT "A"
Tract R and all C.U.E.'s as recorded on the plat of Fiddler's Creek, Phase 1B,
Unit Three, Plat Book 29, Pages 77 - 85, of the Public Records of Colli~ County,
Florida.
AC, mDA ~TEM
\XI-Ima-_naples\V/P\1993\1993132\I 3063\wtcXexalbu380205.doc NO.~
t,U$ 0 3 1999
ASSIGNMENT OF RESERVATIONS
· Hms made this¢F ay of e ,
between Gulf Bay 100, Ltd., a Florida Limited Partnership (by its
General Partner Gulf Bay 100, Inc., a Florida corporation), and
Parcel Z, inc., a Florida corporation, jointly d/b/a 951 Land
Holdings Joint Venture, a Florida general partnership (hereinafter
referred to as "Developer" and "Owner"), and Fiddter's Creek
Community Development District (hereinafter referred to as
"DISTRICT").
WITNESSETH
WHEREAS, Developer and Owners, in consideration of ONE ($1.00)
DOLLAR and other good and valuable consideration to them paid by
District, the receipt and sufficiency of which is hereby
acknowledged, do hereby grant, convey, assign, transfer, and set
over unto the District, its legal representatives, successors, and
assigns, for the purpose of providing certain public facilities
including, but not limited to, water, all rights and privileges
that Developer and Owners have or may have under the laws of the
State of Florida, or otherwise, and all right, title and interest
of Developer and Owners in, to, and under each of those certain
reservations dealing with said water utility facilities and those
certain water utility easements identified and set forth on those
certain Plats specified in Exhibit "A" attached hereto and made a
part hereof, all located in Collier County, State of Florida (Th~
Reservations). N~~
Fi~lers\Utility\Un{t3.1S\Assi~n. Res Page ~ of 5 AUG 03 i999
u
TO HAVE AND TO HOLD said reservations unto the District, its
legal representatives, its successors and assigns to and for its
own or their uses forever with the right of substitution and
subrogation of the District in and to all covenants and warranties
heretofore given or made in respect to said Reservations or a part
thereof to the extent said covenants and warranties are assignable
or can be enforced, at the District's expense, for the District's
benefit.
Developer and Owners do for themselves and their legal
representatives, successors and assigns, covenant to and with the
District, its legal representatives, successors and assigns that
they are the lawful owners of the Reservations; that the
Reservations are free from all encumbrances except as specified
herein; and that they have good right to assign the Reservations,
and that they will warrant and defend the Assignment of
Reservations unto the District, its legal representatives,
successors and assigns against the lawful claims and demands of all
persons whatsoever.
IN WITNESS WHEREOF, Developer and Owners, have caused this
Instrument to be executed by its duly authorized agents, and its
Corporate Seals affixed hereto.
AGF. J~DA ITEM
AUG O 3 1999
Fiddters\Utility\UnitS.1B\Assign. Res Page 2 of 5
Pl.
Signed, sealed and delivered 951 LAND HOLDINGS JOINT VENTURE, a
in our presence: Florida General partnership
By: GB 100, LTD., a Florida Limited
Partnership
-,~~/~~ By: GB 100, INC., a Florida
W~tnes~ cor oration, as eneral Partner
:o~~.lf itself
ness ~ Jin' esident
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared Aubrey J.
Ferrao, as President of Gulf Bay 100, Inc., a Florida corporation,
on behalf of Gulf Bay 100, Inc. and as General Partner of Gulf Bay
100, Ltd., a Florida Limited Partnership, to me known to be the
person(s) described in and who executed the foregoing instrument
and acknowledged before me that he executed the same.
WITNESS my ha~n~_and official seal in the County and State last
. ..~~>) ............ . ......,, , Printed Name
i~m. ~ ..........~ Commission No.
~v,~... RS~ ~, My Commission Expires:
AGENDA IT~r,M"
AU6 0 3 lee9
Ffddters\Ut~tfty\Unit3,1B\Assign. Res Page 3 of 5
tn ,s~ PARCEL Z,jNC~r
By:
Wi Tadash~ Koba~shi, President
Wi~ess ~,
STATE OF NEW YORK
COUNTY OF NEW YORK
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared Tadashi
Kobayashi, as President of Parcel Z, Inc., a Florida corporation,
to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he executed
the same.
WITNESS my hand and official seal in the County and State last
aforesaid this ~day of May, 19~8.
Commission No.
My Commission Expires:
JAMES j. McCA~ "' ·
NOTARY PUBLIC. Sine ~ New Y~/~
No, 01MC5071195
Qualilied m ~ Y~ ~
""" ACCr, NDA ITEM
AUG 0 3 1999
FiddLers\U~iLi~y\Uni~:$.lB\Assign. Res Page 4 of 5 P¢- /r
ATTEST: FIDDLER'S CREEK COMRIFNITY DEVELOPMENT
DISTRICT
STATE OF FLORIDA
COUNTY OF COLLIER
I HEREBY CERTIFY that on this day before me, an officer duly
~ali~ied to take acknowledgments, personally appeared
___~ C)~5~ , and T'J'C~I"Y~5 Q.[~J~L/d , ~C~~'~
and '~fL~ ' of th~ Fiddler's Creek Co~unity
Development D~trict, a unit of special purpose government
organized and existing under the laws of the State of Florida, to
me known to be the persons described in and who executed the
foregoing instrument and acknowledged before me that they executed
the same.
afore of ~~ , 199~.
( S ..........~ ~ Lm W~
~~~mm~ Co~ission No
, ~~~,~, My Co~ission Expires:
AC-.-.-.-.-.-.-.-.-.~A ITEM
Fiddters\Utitity\UnitS.18\Assign. Res Page s of s AUG 03 1999
EXHIBIT "A"
Tract R and all C.U.E.'s as recorded on the plat of Fiddler's Creek, Phase 1B,
Unit Three, Plat Book 29, Pages 77 - 85, of the Public Records of Collier County,
Florida.
EXECUTIVE SUMMARY
AUTHORIZE A 50% WAIVE1U50% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE
BUILT BY ELVIN URBINA AND MARIA PINEDA IN NAPLES MANOR ANNEX, COLLIER
COUNTY.
OBJECTIVE:
The Board of County Commissioners authorize the payment of 50% waiver/50% deferral of
Collier County Impact Fees and appropriate the funds for waiver/deferral of Correctional
Facilities Impact Fees, Water and/or Sewer Impact Fees, Road Impact Fees, Library System
Impact Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System
Impact Fees, and Educational Facilities System Impact Fees for one house to be built by Elvin
Urbina and Maria Pineda, with funds from the Affordable Housing Trust Fund.
CONSIDERATIONS:
Elvin Urbina and Maria Pineda have submitted an application for a 50% waiver/50% diferral of
impact fees for one house to be built by Elvin Urbina and Maria Pineda at 5248 Georgia Avenue
---- in Naples Manor Annex, Collier County, as a low income, first time home buyer and qualify for
an impact fee waiver/deferral under the provisions of Impact Fee Waiver Ordinances. The house
is proposed to sell for $89,180.00.
FISCAL IMPACT:
Funding for the proposed impact fee waiver/deferral is available in the Affordable Housing Trust
Fund. The total amount of impact fees requested to be waived/deferred is $7,140.34.
a) Library System Impact Fee $ 180.52
b) Road Impact Fee 1,379.00
c) Parks Impact Fees 820.84 .
d) EMS Impact Fee 14.00
e) Educational Systems Impact Fee 1,778.00
f) Water Impact Fee 1,275.00
g) Sewer Impact Fee 1,575.00
h) Correctional Facilities Impact Fee 117.98
Total Impact Fees to be Waived/Deferred $7,140.34
GROWTH MANAGEMENT IMPACT:
""' The impact fee waiver/deferral will bring relief for a low income family in compliance with
Policy 1.5.2 of the Housing Element of the Growth Management Plan.
AGEND^ Tr=.M
, AUE 0 3 1999
Pg. t/
Executive Summary
Urbina/Pineda Impact Fees
Page Two
RECOMMENDATION:
The Board of County Commissioners authorize the waiver/deferral of impact fees for a home to
be built at 5248 Georgia Avenue, Naples Manor Annex in Collier County, by Elvin Urbina and
Maria Pineda, a low income family, and to pay for these impact fees with State Housing
Incentive Partnership (S.H.I.P.) program revenue funds.
/jd
7/!/99
Prepared by:
e Dalbey, Planner II ~/ '
Housing and Urban Improvement Dept.
Reviewed by:
-= Date
'Greg Miha~, Direct'~r / //
Housing and Urban Improvement Dept.
Approved/by:
' ~ ~ ~ Date
Vincent A. Cautero, AICP, Administrator
Community Development and Environmental Services
jd/clexecsurn/urbina
A~A I'T'/~
AU~ 0 3 1999
1 RESOLUTION NO. 99-
2
3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
4 COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAiVER 50%
5 DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES,
6 LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL
7 FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY
8 MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES
9 SYSTEM IMPACT FEES AND WATER AND/OR SEWER IMPACT
10 FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ELVIN URBINA
l l ANq2) MARIA PINEDA AT 5248 GEORGIA AVENUE, NAPLES
12 MANOR ANNEX IN COLLIER COUNTY, FLORIDA.
13 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
14 affordable housing for moderate, low, and very-low income households in the County and the need for
15 creative and innovative programs to assist in the provision of such housing by including several
16 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
17 objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy
18 1.6.3; objective 2.1. policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the
19 Housing Element; and
20 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
21 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
22 Administrative Code; and
23 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is
24 authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of
25 Collier County impact fees; and
26 WHEREAS, Elvin Urbina and Maria Pineda are seeking a 50% waiver/50% deferral of
27 impact fees; and
28 WHEREAS, Elyin Urbina and Mafia Pineda will construct a three bedroom unit (the
29 "Dwelling Unit") at 5248 Georgia Avenue, Naples Manor Annex in Collier County, Florida which will
30 propose to sell for Eighty Nine Thousand One Hundred Eighty Dollars ($89,180.00); and
31 WHEREAS, the Dwelling Unit will be owned by a low income household, and
32 WHEREAS, Elvin Urbina and Mafia Pineda submitted to the office of the Housing and Urban
33 Improvement Department an Affordable Housing Application dated March 22, 1999 for a 50%
34 waiver/50% deferral of impact fees for the construction of a house 5248 Georgia Avenue, Naples
35 Manor Annex in Collier County, Florida, a copy of said application is on file in the Housing and
36 Urban Improvement Department; and "
37 WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee
38 Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer Systems Impact
39 Fee Ordinance, Ordinance No. 98-69, Section 3.04 of the Library System hnpact Fee Ordinance,
40 Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact 'Fee
41 Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No.
42 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, A~F.I~A ffE. M
3
AUG O 3 1999
1 Ordinance No. 91-71, as mended; Section 3.05 of the Educational Facilities System Impact Fee
~" dinance, Ordinance No. 92-33, as mended; an applicant may obtain a 50% waiver/50% deferral of
.... ~pact fees by qualifying for a waiver/deferral; and
4 WHEREAS, Elvin Urbina and Mafia Pineda have qualified for an impact fee waiver/deferral
5 based upon the following representations made by Elvin Urbina and Mafia Pineda:
6 A. The Dwelling Unit shall be owned by a first-time home buyer.
7 B. The Dwelling Unit shall be owned by a household with a low income level as that term is
8 defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment
9 to purchase the unit must be within the affordable housing guidelines established in the
10 Appendices to the respective Impact Fee Ordinances.
11 C. The Dwelling Unit shall be the Homestead of the owner.
12 D. The Dwelling Unit shall remain affordable for fifteen'(15) years from the date the certificate of
13 occupancy is issued.
14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
15 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
16 1. The Board of County Commissioners herebye;authorizes the County Administrator to issue an
17 Authorization for 50 % waiver/50% deferral of impact fees to Elvin Urbma and Mafia Pineda
for one (1) house which shall be constructed 5248 Georgia Avenue, Naples Manor Annex in
, Collier County, Florida.
20 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 50%
21 waiver/50% deferral of impact fees signed by Elvin Urbina and Maria Pineda, or other
22 documentation acceptable to the County Attorney, the Board of County Commissioners hereby
23 authorizes the payment by Collier County of the following impact fees from the Affordable
24 Housing Trust FuncF,, Fund (191), in the following amounts for the one (1) house to be built at
25 5248 Georgia Avenue, Naples Manor Annex in Collier County, Florida by Elvin Urbina and
26 Maria Pineda:
27 A. Library Impact Fee $ 180.52
28 B. Road impact Fee 1,379.00
29 C. - Parks Impact Fees: 820.84
30 D. EMS Impact Fee 14.00
31
32 E. Educational Facilities System
33 Impact Fee 1,778.00
34
35 F. Sewer Impact Fee 1,575.00
36
37 G. Water Impact Fee 1,275.00
, H. Correctional Facilities Impact Fee 117.98
,4~, Total Impact Fees $ 7,140.34 -- AC_/.RDA ITEM
AUG O 3 1999
Pio /Z/'
I 3. The payment of impact fees by Collier County is subject to the execution and recordation of
2 an Affordable Housing Agreement for payment of Collier County Impact Fees between the
3 property owner and/or purchaser and the County.
4 This Resolution adopted after motion, second and majority vote favoring same.
5
6 DATED:
7 ATTEST: BOARD OF COUNTY COMMISSIONERS
8 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
9
10
11 By:
12 PAMELA S. MAC'KIE, CHAIRWOMAN
13
14 Approved as to form and
15 legal sufficiency:
18 Iqeidi F. Ashf6n
19 Assistant County Attorney
20
21
22 jd/c/reso/unna
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60 ,!,
AC,-~'~A ITE
AU6 0 3 1999
1
2
6
7 EXHIBIT "A"
8
9
10
11 'LEGAL DESCRIPTION
12
13 ELVIN URBINA AND MARIA PINEDA RESIDENCE
14
15
16
17 LOT 1, BLOCK 3, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT THEREOF,
18 RECORDED IN PLAT BOOK 3, PAGES 67 AND 68 OF THE PUBLIC RECORDS OF
19 COLLIER COUNTY, FLORIDA.
20
21
22
23
24
25
,,,c..s,~A rmM
No._Z~
AUG 0 3 1999
AGENDA
No-,/~' (/() 3
AUG 0 3 1999
AGREEMENT FOR 50%WAIVER/50% DEFERRAL OF 100% OF
COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this day of
, 1999 by and between the Board of County Commissioners of Collier
County, Florida, hereinafter referred to as "COUNTY" and Elvin Urbina and Maria Pineda,
hereinafier referred to as "OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance No. 99-52, the Correctional Facilities Impact Fee:
Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee
Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational
Facilities Ilnpact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier
County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance
No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee
Ordinance; and Collier County Ordinance No. 98-69, the Regional Water and/or Sewer Systems
Impact Ordinance, as they may be further mended from time to time hereinafier collectively
referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new
owner-occupied dwelling units qualifying as affordable housing; and
WHEREAS, OWNER has applied for a 50% waiver/50% deferral of impact fees as
required by the Impact Fee Ordinance, a copy of said application is on file in the office of
Housing and Urban Improvement Department; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing 50%
waiver/50% deferral of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver/deferral shall be presented in lieu of payment of the
requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying
7
the project as eligible for an impact fee waiver/deferral and Ac..,ra~A ~.u
1 AUG 0 3 1999
WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER
embodied in Resolution No. 99-__ at its regular meeting of ,1999; and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the
appendices to the Impact Fee Ordinance for a period of fifteen (15) years
commencing from the date the certificate of occupancy is issued for the Dwelling
Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. Owner maintains a household with a low income as defined in the
appendices to the Impact Fee Ordinance and the monthly payments to
purchase the Dwelling Unit must be within the affordable housing
guidelines established in the appe~ndices to the Impact Fee Ordinance;
b. Owner is a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
A~A FTEM
AUG 0 3 1999
2
Pi- C~
d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years
from the date the certificate of occupancy is issued for the Dwelling Unit;
and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $7,140.34 pursuant to the Impact Fee
Ordinance. In return for the 50%waiver/50% deferral of the impact fees
owed by OWNER, OWNER covenants and agrees to comply with the
affordable housing impact fee waiver qualification criteria detailed in the
Impact Fee Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver/defefral to a subsequent purchaser Or renter, the Dwelling Unit
shall be sold only to households meeting the criteria set forth in the Impact Fee
"" Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable
housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such
periqd, the impact fees shall be immediately repaid to the COUNTY, except for
waived impact fees if the dwelling unit has been used for affordable housing for a
continuous period of fifteen years after the date the certificate of occupancy is issued.
7. LIEN. The waived/deferred impact fees shall be a lien upon the propert? which lien
may be foreclosed upon in the event of non-compliance with the requirements of this
Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements
and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, and upon payment of the deferred impact
/"" fees, the COUNTY shall, at the expense of the COUNTY, record any necessary
documentation evidencing the termination of the lien, including, but not lira ted ~a/~)~
release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and
assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original
OWNER shall remain liable for the impact fees waived/deferred until said impact fees
are paid in full or until the conditions set forth in the Impact Fee Ordinance are
satisfied. In addition, this Agreement shall run with the land and shall remain a lien
against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within sixty (60) days
~fter execution of this Agreement by the Chairman of the Board of County
Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails
to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to
pay the impact fees within 30 days of said non-compliance, or (2) where OWNER
violates one of the affordable housing qualification criteria in the Impact Fee
Ordinance for a period of thirty (30) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during~ the fifteen (15) year period or should
OWNER violate any provisions of this Agreement, the impact fees waived/deferred
shall be paid in full by OWNER within 30 days of said non-compliance,. OWNER
agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling
Unit commencing on the effective date of this Agreement and continuing until repaid.
AGE. Ni)A ITE
4 AUG O 3 {999
Pi. ///
Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and
shall be on parity with the lien of any such County taxes. Should the OWNER be in
default of this Agreement, and the default is not cured within thirty (30) days after
written notice to OWNER, the Board may bring civil action to enforce this
Agreement. In addition, the lien may be foreclosed or otherwise enforced by the
COUNTY by action or suit in equity as for the foreclosure of a mortgage on real
property. This remedy is cumulative with any other right or remedy available to the
COUNTY. The Board shall be entitled to recover all attomey's fees. incurred by the
Board in enforcing this Agreement, plus interest at the statutoD' rate iBr judgnqents
calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for
"" Waiver/Deferral of Impact Fees on the date and year first above written.
Witnesses: OWNER:
Print Name i'...T<:'~..,,,.,.- ~_~.,~. ,q Elvin Urbina
ntNameLT~,o? .~
COUNTY OF
The foregoing instrument was acknowledged before me this
'/,~)L--F~'-' , 1999, by Elvin Urbina. He is personally known to me or produced
c.h'/t//.d_z,/. ~-._~21_/,-.- 7/" (type of identification) as identification.
./--- [NOTARIAL SEAL] :~JS(gnature of PersOn Tal~ng AcUS)owledgment
,~.~..,~ MYCOMMISSION#( 2739612
f,'~'OlB,~ EX~IRES:0SF3~/2 1999
AU 03
Witnesses: OWNER:
Print N ......... f[. :. ,~ Maria Pineda
nn ame 7_~,,y-2e~
STATE OF '~4-~-'-{,~ )
The Bregoing instrument was ac~owledged beBre me this ~ day of
, , 1999, by M~a Pineda. She is personally ~own to me or produced
~~-'~ '~- ~ -- (t~e of identification) as identification.
~ J~NNE D~BEY
TY
BOARD OF COUNTY COMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
By:
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as to form and
legal sufficiency
jc, i. .."{j (
Heidi FLvA~ht~n "
Assistant County Attorney
jd/c/agreements/urbina
AGENDA
6 AUG 0 3 1999
EXHIBIT 'A'
LEGAL DISCRIPTION
LOT 1, BLOCK 3, NAPLES MANOR ANNEX, ACCORDING
TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGES
67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
7 AUG 0 3 1999
A~A ITE.~
AUG 0 3 1999
P../5"'
EXECUTIVE SUMMARY
AUTHORIZATION OF A 75% DEFERRAL OF IMPACT FEES FOR ONE HOUSE TO BE
BUILT BY ZENORINO LABRA AND MARIA N. LABRA AT 5342 CARLTON STREET IN
NAPLES MANOR ADDITION, COLLIER COUNTY.
OBJECTIVE:
The Board of County Commissioners accept the Resolution and Agreement for 75% deferral of
Collier County Impact Fees authorizing the payment of impact fees and appropriating the funds
for deferral of Correctional Facilities Impact Fees, Road Impact Fees, Library System Impact
Fees, Parks and Recreational Facilities Impact Fees, Emergency Medical Services System
Impact Fees, Educational Facilities System Impact Fees and Water and Sewer Impact Fees for
one house to be built by Zenorino Labra and Maria N. Labra, with funds from the Affordable
Housing Trust Fund.
CONSIDERATIONS:
"'- Zenorino Labra and Maria N. Labra have submitted an application for a 75% deferral of impact
fees for one house to be built by Zenorino Labra and Maria N. Labra at 5342 Carlton Street in
Naples Manor Addition, Collier County, as a low income, first time home buyer and qualify for
an impact fee deferral under the provisions of the Impact Fee Deferral Ordinances. The cost of
the house will be $90,635.00.
FISCAL IMPACT:
Funding for the proposed impact fee deferral is available in the Affordable Housing Trust Fund.
The total amount of impact fees requested to be deferred is $5,355.27.
a) Library System Impact Fee $ 135.39
b) Road Impact Fee 1,034.25
c) Parks Impact 615.64
d) EMS Impact Fee 10.50
e) Educational Systems Impact Fee 1,333.50
f) Water System Impact Fees 956.25
g) Sewer System Impact Fees - 1,181.25
h) Correctional Facilities Impact Fee 88.49
Total Impact Fees to be Deferred $5,355.27
GROWTH MANAGEMENT IMPACT: ..
The impact fee deferral will bring relief for a low income family in compliance witt~ pnli,-x, 1 ~ 9
of the Housing Element of the Growth Management Plan. ~/d (d') q
AUG O 3 1999
Pg. /
Executive Summary
Labra Impact Fee Deferral
Page Two
RECOMMENDATION:
The Board of County Commissioners accept the Resolution and Agreement authorizing the
deferral of impact fees for a home to be built at 5342 Carlton Street, Naples Manor Addition in
Collier County, by Zenorino Labra and Maria N. Labra, a low income family, and to pay for
these impact fees with State Housing Incentive Partnership (S.H.I.P.) program revenue funds.
Prepared by:
,_j~a/_~.e Dalbey, P ahner II ~
~-- ' Housing and Urban Improvement
Approved by:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
jd/c/execsum/I abra
AGENDA ITEM
No.~
, AUG 0 3 19 9
1 RESOLUTION NO. 99-
2
3 RESOLUTION OF TIE BOARD OF COUNTY
4 COiVLMISSIONERS, COLLIER COUNTY, FLORIDA,
5 AUTHORIZING DEFERRAL OF 75% OF CORRECTONAL
6 FACILITIES IMPACT FEES, LIBRARY SYSTEM [NIPACT FEES,
7 PARKS AND RECREATIONAL FACILITIES IMPACT FEES,
8 ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES
9 SYSTEM IMPACT FEES, REGIONAL WATER AND/OR SEWER
10 IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM
11 IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY
12 ZENORINO LABRA AND MARIA N. LABRA AT 5342 CARLTON
13 STREET IN NAPLES MANOR ADDITION, COLLIER COUNTY,
14 FLORIDA.
15
16 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and
17 affordable housing for moderate, low, and very-low income households in the County and the need for
18 creative and innovative programs to assist in the provision of such housing by including several
19 provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1;
20 objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy
21 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing
22 Element; and
23 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives
24 Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida
25 Administrative Code; and
26 WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized
27 to use funding from the State Housing Initiatives Partnership [SHIP] Program for deferral of Collier
28 County impact fees; and
29 WHEREAS, Zenorino Labra and Maria N. Labra are seeking a 75% deferral of impact fees; and
30 WHEREAS, Zenorino Labra and Maria N. Labra will construct a three (4) bedroom unit (the
31 "Dwelling Unit") at 5342 Carlton Street in Collier County, Florida which is proposed to sell for Ninety
32 Thousand Six Hundred Thirty Five Dollars ($90,635.00); and
33 WHEREAS, the Dwelling Unit will be owned by a moderate income household, and
34 WHEREAS, Zenorino Labra and Maria N. Labra submitted to the office of the Housing and
35 Urban Improvement Department an Affordable Housing Application dated May 1, 1999 for deferral of
36 impact fees for the construction of a house at 5342 Carlton Sixeel in Collier County, Florida, a copy of
37 said application is on file in the Housing and Urban Improvement Department; and
38 WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee
39 Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance
40 No. 88-97, as amended: Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance,
41 Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as
42 amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance
43 No. 91-71, as amended; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee
44 Ordinance, Ordinarw, e 98-69; and Section 3.05 of the Educational Facilities System Impact Fee
AGENO A ITEM
1 Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a deferral of impact fees by
2 q~halifying for a deferral; and
~J-.~ WttEREAS, Zenorino Labra and Maria N. Labra have qualified for a 75% impact fee deferral
.sed upon the following representations made by Zenorino Labra and Maria N. Labra:
5 A. The Dwelling Unit shall be owned by a first-time home buyer.
6 B. The Dwelling Unit shall be owned by a household with a moderate income level as that
7 term is defined in the Appendices to the respective Impact Fee Ordinances and the
8 monthly payment to purchase the unit must be within the affordable housing guidelines
9 established in the Appendices to the respective Impact Fee Ordinances.
I0 C. The Dwelling Unit shall be the Homestead of the owner.
I 1 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the
12 certificate of occupancy is issued.
13 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
14 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
15 1. The Board of County Commissioners hereby authorizes the County Administrator to
16 issue an Authorization for deferral of impact fees to Zenorino Labra and Maria N. Labra
17 for one (1) house which shall be constructed at 5342 Carlton Street in Collier County, --~.
18 Florida.
!.9--.. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for
deferral signed by Zenorino Labra and Maria N. Labra, or other documentation
21 acceptable to the County Attorney, the Board of County Commissioners hereby
22 authorizes the payment by Collier County of the following impact fees from the
23 Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1)
24 house to be built at 5342 Carlton Street in Collier County, Florida by Zenorino Labra
25 and Maria N. Labra:
26 Total Impact Fee 75% Deferred
27 A. Librar-y Impact Fee $ 180.52 135.39
28 B. Road Impact Fee 1,379.00 1,034.25
29 C. Parks Impact Fee 820.84 615.64
30 D. EMS Impact Fee 14.00 10.50
31 E. Educational Facilities System 1,778.00 1,333.50
32 F. Water System Impact Fees 1,275.00 956.25
33 G. Sewer System Impact Fees 1,575.00 1,181.25
34 H. Correctional Facilities Impact Fees 117.98 .... 88.49
35 Total Impact Fees $7,140.34 $5,355.27
AC~DA ITEM
-2-
AUG 0 3 1999
P~.
1 3. The deferral of impact fees by Collier County is subject to the execution and recordation
2 of an Agreement for deferral of Collier County Impact Fees between the property
3 O~vner and the County.
4 This Resolution adopted after motion, second and majority vote favoring same.
5
6
7 DATED:
8
9 ATTEST: BOARD OF COUNTY COMMISSIONERS
10 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
11
12
13 By:.
14 PAMELA S. MAC'KIE, CHAIRWOMAN
15
16
17
18 Approved as to form and
19 legal sufficiency:
20
23 Heidi F. AshtBn
24 Assistant County Attorney
25
26
27 jd/f, reso/rodriguez
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55 '
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71 ACiF, RDA ITF, M
-3-
· AUG 0 3 1999
1
2
3
4
10
11
12
13
14
15 EXHIBIT "A"
16
17
18
19 LEGAL DESCRIPTION
20
21
22
23
24 LOT 10, BLOCK 7, AVAVLON ESTATES, UNIT NO. 1, ACCORDING TO THE
25 PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 62, OF THE PUBLIC
26 RECORDS OF COLLIER COUNTY, FLORIDA.
AGF. J~)A ITEM
'4-
AUG O 3 1999
P~. ~/
AUG 0 3 1999
AGREEMENT FOR 75% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the Deferral of Impact Fees entered into this _~ day of __.,
1999, by and between the Board of County Commissioners of Collier County, Florida,
hereinafter referred to as "COUNTY" and Zenorino Labra and Maria N. Labra, hereinafter
referred to as "OWNER".
WITNESSETH:
WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library
System Impact Fee Ordinance, Collier County Ordinance No. 99-39, the Collier County Parks
and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as
amended, the Collier County Emergency Medical Services System Impact Fee Oi:dinance,
Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee
Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or
Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 99-52, Correctional
Facilities Impact Fees; and Collier County Ordinance No. 92-33, as amended, the Coilier County
Educational Facilities System Impact Fee Ordinance, as they may be further amended from time
to time, hereinafter collectively referred to as "Impact Fee Ordinance", provide for deferral of
impact fees for new owner-occupied dwelling units qualifying as affordable housing, and
WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the
Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban
Improvement Department, and
WHEREAS, the County Administrator or his designee has reviewed the OWNER'S
application and has found that it complies with the requirements for an affordable housin. g 75%
deferral of impact fees as established in the Impact Fee Ordinance, and .
AGENDA ITEM
· AUG O 3 1999
P(-
WHEREAS, the impact fee deferral shall be presented in lieu of payment of tl~e requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee deferral, and
WHEREAS, the COUNTY approved a deferral of impact fees for OWNER embodied in
Resolution No. 99- at its regular meeting of ,1999, and
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement
with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit")and site plan are attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices
to the Impact Fee Ordinance for a period of fifteen (15) years commencing ~'om the
date the certificate of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. OWNER maintains a household with a moderate income as defined in the
appendices to the Impact Fee Ordinance and the monthly payments to purchase the
Dwelling Unit must be within the affordable housing guidelines established in the
appendices to the Impact Fee Ordinance; AC, ENDA ~TEM"
2 AUG 0 3 1999
b. OWNER is a first time home buyer;
c. The Dwelling Unit shall be the homestead of the OWNER;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from
the date the certificate of occupancy is issued for the Dwelling Unit, and
e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the
total amount of $7,140.34; $5,355.27 is eligible for deferral pursuant to the Impact
Fee Ordinance. In return for the 75% deferral of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing impact fee
deferral qualification criteria detailed in the Impact Fee Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold
only to households meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of
occupancy is issued, and if the Dwelling Unit ceases to be utilized for that purpose
during such period, the impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The deferred impact fees shall be a lien upon the property which lien may be
foreclosed upon in the event of non-compliance with the requirements of this
Agreement.
8. RELEASE OF LIEN. Upon payment of the deferred impact fees, the COUNTY shall,
at the expense of the COUNTY, record any necessary documentation evidencing the
termination of the lien, including, but not limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors tnd
a
In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall
remain liable for the impact fees deferred until said impact fees are paid in full or until
the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this
Agreement shall run with the land and shall remain a lien against the Dwelling Unit
until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida within sixty (60) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement: (1) where OWNER fails
to sell the Dwelling Unit in accordance with the affordable housing stand,a, rds and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay
the impact fees due within thirty (30) days of said non-compliance, or (2) xvhere
OWNER violates one of the affordable housing qualification criteria in the Impact Fee
Ordinance for a period of fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply xvith the said
qualification criteria at any time during the fifteen (15) year period or should OWNER
violate any provisions of this Agreement, the impact fees deferred shall be paid in full
by OWNER within 30 days of said non-compliance. OWNER agrees that the impact
fees deferred shall constitute a lien on the Dwelling Unit commencing on the effective
date of this Agreement and continuing until paid. Such lien shall be superior and
paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee,
or other person except the lien for County taxes and shall be on parity with the lien of
any such County taxes. Should the OWNER be in default of this Agreement, and the
default is not cured within thirty (30) days after xvritten notice to OW'NEF the o~ar~
4 AUG O 3 1999
may bring civil action to enforce this Agreement. In addition, the lien may be
foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the
foreclosure of a mortgage on real property. This remedy is cumulative with any other
right or remedy available to the COUNTY. The Board shall be entitled to recover all
attorney's fees incurred by the Board in enforcing this agreement, plus interest at the
statutory rate for judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for deferral of
Impact Fees on the date and year first above written.
Witnesses: OWNER: ~/;
Print Name ~ ~,,,'c~/'~--5_'.~,,,~ ~ Zenofino Labia
~//~-t/~ ~'c.-------- Mafia N. Labra
Print Name ~.~,,~E
Print Name .~,)7?,,L,j,
STATE OF
COUNTY OF d/~;-~?~ ~/
' The foregoing instrument was acknowledged before me this ~ day of
1999, by Zenorino Labra who is personally known to me, (-or produced -- *'
~o identification)
NOTARY SEAL C'~
,~/Signature of Notary Public
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ~-Y~- day of ,,;~/&,.
1999, by Maria N. Labra who is personally known to me, (or-p~d ~ / '
as-identi~carkm).
NOTARY SEAL ., ~e~t,,~ Zt Z'LZL ~ :
,31 gnatur.e_gf_N_cg_a.L,z'' ?J._tb~c_._:3~:::.__
'~v~t~ JOANNE DALBEY
o~ ~.~ MY COMMISSION # CC 739612
f'~O~ f~-~'~ EXPIRES: 05/30r1002
800 3 NOTARY FIN ~sry S & ~o d g C
DATED:
ATTEST: BOARD OF COUNTY COMMISSId~IERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By
PA~MELA S. MAC'KIE. CHAIRVv'OMAN
Approved as to fom~ and
legal sufficiency
~'~C ,,,,ci_ ,: / , t? ( v_
Heidi F. Ashfon
Assistant County Attorney
jd/f/agree/7 5 %labra
Ae/,NDA
6 AUG 0 3 1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 10 AND 11, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGES 66
AND 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
· 7 AUG 0 3 1999
EXECUTIVE SUMMARY
AUTHORIZATION OF 100% WAIVER OF IMPACT FEES FOR THREE VERY LOXV
INCOME SINGLE FAMILY HOUSES TO BE BUILT IN NAPLES MANOR, COLLIER
COUNTY, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
OBJECTIVE:
To have the Board of County Commissioners authorize the payment of impact fees and to
appropriate the funds for the waiver of these fees: Correctional Facilities Impact Fees, Road
Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees,
Emergency Medical Services Impact Fees, Collier County Regional Water and/or Sewer Impact
Fees, and Educational Facility System Impact Fees. The impact fees are for the tbllowing
facilities: three houses to be built by Habitat for Humanity of Collier County, Inc. with funds
from the Affordable Housing Trust Fund.
CONSIDERATIONS:
Habitat for Humanity of Collier County, Inc. has submitted application for waiver of impact fees
for the purchasers of three houses to be built in Naples Manor, Collier County, that will sell to
very loxv income families for approximately $46,500 each. The homes will be built on the
following described properties.
Lot 10, Block 2, Naples Manor Addition, Plat Book 3 at Page 87
Lot 5, Block 12, Naples Manor Addition, Plat Book 3 at Page 98
Lot 7, Block 12, Naples Manor Addition, Plat Book 3 at Page 98
Habitat for Humanity of Collier County, Inc. has certified that the applicants will meet the
requirements under the Impact Fee Waiver Ordinances as very low income, first time home
buyers to qualify for Affordable Housing Impact Fee Waivers.
FISCAL IMPACT:
Funding for the proposed impact fee waivers is available in the Affordable Housing Trust Fund.
The total amount of impact fees requested to be waived is $21,421 .'02. Impact fee charges for
the three houses in Naples Manor, Collier County, would be itemized as follows:
Unit 3 Houses
a) Correctional Facilities Impact Fee $ 117.98 $ 353.94
b) Library System Impact Fee 180.52 541.56
c) Road Impact Fee 1,379.00 4,137.00
d) Parks Impact Fees 820.84 2,462.52
e) Emergency Services Impact Fee 14.00 42.00
f) Water Impact Fee 1,275.00 3,825.00 ....
g) Sewer Impact Fee 1,575.00 4,725.00
h) School Impact Fee 1,778.00 5,334.00
TOTAL IMPACT FEES $7,140.34 $21,421.02 ·.
Executi\'e SummaD'
Habitat for Humanity of Collier County, Inc.
Page Txvo
GROV~'TH MANAGENIENT IMPACT:
The impact fee waivers will bring relief to the buyers of housing for very low' income families in
compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan.
RECO~I~IENDATION:
The Board of County Commissioners approve the Resolutions and Agreements authorizing the
waiver of impact fees for three houses to be built in Naples Manor, Collier County, by Habitat
for Humanity of Collier County, Inc. for very low income buyers and to pay for these impact fee
waivers with State Housing Incentive Partnership [SHIP] program revenue funds.
jd/7/15/99
PREPARED BY:
Jc~nne Dalbey, Planner II
, / Date
Housing and Urban Improvement
REVIEVCED BY:
~R~~Y:-
V~CENT A. CAUTERO, AICP, ~M~IST~TOR Date
COMM~ITY DEVELOPMENT A~ E~IRONMENTi SERVICES
jd/c&abitat
A~I~A ITEI~
AUS 0 3 1999
pg.
I RESOLUTION NO. 99-
2
3 RLst ~.~ 'FION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
4 ¢ '~ i',' \ ! Y F LUR1DA, AUTHORIZING WAIVER OF CORRECTIONAL
5 1:..\c'11 iTIES LMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM
6 I\IP?xCT FEES. LIBIL~LRY SYSTEM IMPACT FEES, PARKS AND
7 Rti..' I.'.! -\TIG:4.2~L FACILITIES IMPACT FEES, ROAD IMPACT FEES,
8 L?,',iSZ,Zlt-'NCY MEDICAI_ SERVICES IMPACT FEES AND EDUCATIONAL
9 F.-\< '1 i_l liES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE
0 ~'~ !Ny, IRtJCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY,
.1 I\~ ~N LOT 7. BLOCK 12. NAPLES MANOR EXTENSION. COLLIER
.3
14 WHI:RI \>, t lllller County has recognized and attempted to address the lack of adequate and affordable
15 housing for n:t lcc: ~i: ,~. and veD'-low income households in the County and the need for creative and innovative
[6 programs to ass:-: ::: t]qe provision of such housing by including several provisions in the Collier County Growth
[7 Management Plal!..,ciudlng: objectave 1.4, policy 1.4.1; objective 1.5. policy 1.5.2. policy 1.5.3. policy 1.5.4. policy
.8 1.5.5. polic.,. 1.5 ~:: i,:, ,:c,.lve 1.6. policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2. policy 2.1.3, policy 2.1.5, and
!9 policy 2.1.6 of ire tlmtslng Element; and
WHERI-.\S. Collier County has received funding pursuant to the State Housing Initiatives Partnership
Zl Program set lorl'! :1: >~ccllon 420.907 et. seq., Florida Statutes and Chapter 91-37. Florida Administrative Code; and
22 WHI~Rt \'~. 'n accordance with Collier Count>. Ordinance No. 93-I9. the County is authorized to use
'-3 funding from ~}:c '¢~,!: Housing Initiatives Partnership [SHIP] Program for wmvers of Collier County impact fees;
'.4 and
WH k R t .', ', 11 :~bitat for Humanity' of Collier County, Inc. is seeking a waiver of impact fees: and
~-6 WHERt:.\s. !labitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
Z7 "Dwelling Umt"! ~,i; I ox 7. Block 12 Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five
~8 Hundred Dollars /S4.G.500.00): and
29 WHERI. \5,. ,!~c Dwelling Unit will be purchased by a very low income household which is required to
30 invest a min:m~:r, {~: 5! ~ e hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
31 Wtql:t.~! 'x~ \h' Charles C. Smith, Vice President of Habitat for Humanit)' of Collier County', Inc.,
32 submitted to tht t i.;:~c ,,f Housmg and Urban Improvement an Affordable Housing Application dated May 5. 1999
33 for a waiver or' ,!~!!, :. ~ Fees for the construcuon of a house on Lot 7, Block 12 Naples Manor Extension. a copy of
34 said applicamm :< ~1:, :i lc ~n the Housing and Urban Improvement Department; and
35 WHtiRI:.V~ !~ accordance ~th Section 3.04 of the Correctional Facilities Impact Fee Ordinance. Ordinance
36 No. 99-52; Scc'~.,:~: I,-I of the Regional Water and/or Sewer System Impact Fee Ordinance. Ordinance No. 98-69;
37 Section 3.04 of l!~c ~ :braD' System Impact Fee Ordinance. Ordinance No. 88-97. as amended; Section 3.04 of the
38 Parks and i%~ :. .,' , . ! I ;~clllt~es Impact Fee Ordinance. Ordinance No. 99-39; Section 3.04 of the Road Impact Fee
39 Ordinance. {~!-.~:-,.,!:, ~ Nt~ 92-22. as amended; Section 3.05 of the Emergency Medical Sen'ices System Impact Fee
40 Ordinance. ~r,:,::.:!:.~ No. 91-71. as amended; and Section 3.05 of the Educauonal Facilities System Impact Fee
41 Ordinance. t~t ~! :; ,!:~.. No. 92-33. as amended; an applicant may obtain a waiver of impact fees by qualifying for a
42 waiver; and AGENDA ITEM
2 WHE R t ~-: :~,~ ', i or ki umanzty of Collier County, Inc. has qualified for an impact fee waiver based upon
3 the following re:, ..... :,:!je b.,, Habitat for Humanity of Collier County, Inc.:
4 A. 1)~,' I),~ oiling Unit shall be sold to a first-time home buyer.
5 B ..... :: :;3 i':nl~ ,i~ail be sold to a household with a very low income level as that term is defined
6 !;' ' . \'l,!,cndxces to the respective Impact Fee Ordinances and the monthly payment to purchase the
7 ,.:.,! :!:..,: be within the affordable housing guidelines established in the Appendices to the respective
8 I,: ...' t cc Ordinances
9 C. I !c i ),, clhng Unit shall be the Homestead of the owner.
lO D. li~,. lv,~clling Unit shall remain affordable for fifteen (15) years from the date the certificate of
2 NOW !ill ~<ICt-ORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
3 COLLIER Ct)l \~'~. I I.(>P-IDA, that:
4 1. ~ !~/:lrd of Count>, Commissioners hereby authorizes the County Manager to issue an
L5 \.;:!ii~-~/ation tbr waiver of ~mpact fees to Habitat for Humanity of Collier County, Inc. for one (1)
[6 :,,,-c ',~lnlcln shall be constructed on Lot 7, Block 12 Naples Manor Extension, Collier County,
: 2. t ~,, ,:~ ~ccc~pt by the Housing and Urban Improvement Director of an agreement for waiver of impact
9 :~..~-- -xgned by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other
:0 ~i .....!:~.cntanon acceptable to the County Attorney, the Board of Counts' Commissioners hereby
:1 ;~,:.',2~,,! l?cs the payment by Collier County of the following impact fees from the Affordable Housing
-'2 1 :.,- ~ 1. ~ind. Fund ( 191 ), in the following amounts for the one ( 1 ) house to be built on Lot 7, Block 12
~3 ',. \ht!nt~r Extension by Habitat for Humanity of Collier County. Inc.:
24 '~ I !brar.x Impact Fee $ 180.52
25 I R~lad Impact Fee 1,379.00
16 [',n-ks Impact Fee 820.84
27 t:MS Impact Fee 14.00
~8 l.dc~cational Facilities System
29 Impact Fee 1,778.00
~0 ','. ate:- i'.npact Fee 1,275.00
~ 1 Sewer lmpact Fee 1,575.00
~2 t orrectlonal Facilines Impact Fee 117.98
~33 'I'OTAL 1.XlPACT FEES $7,140.34
34 : li~c payment of impact fees by Collier County is subject to the execution and recordation of an
3 .,_,r~ement :tbr waiver of Collier County Impact Fees bem, een the property owner and/or
36 ~ttrchaser and the County.
- 2 - AUG 0 3 1999
2 ~ i~ -.!!:~:on adopted after motion, second and majority vote favoring same.
4
5 DATED:
6
7 ATTEST: BO.M>.D OF COUN~I'Y COMNIISS1ONERS
8 DWIGHT E. BR~ ~c i,L. Clerk COLLIER COUNTY, FLORIDA
9
10
11 By:
12 PAMELA S. MAC'KIE, CHAIRB, rOMAN
13
I4
i5 Approved a~ :,1 :,. v: _ .'.
16 legal sufficient',
17 ~
2 8 /
Heidi F. ~Cssht~3n
Assistant CounL% \'.'.:~'
Z2
Z3
Z4 jd/c/Naples Ma:lc,: } ,.~cn~,.o:~ reso
26
27
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6
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.4 ~ AGE. NDA ITF.,k
' O 3 1999
1
4
7
8
9
10
11
13
14
16
! 7 EXItBIT "A"
18
19 LEGAL DESCRIPTION
20
21
22
23 IC)T 7. BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING
24 i'O THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
25 .:. AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COLrNTY
26 FLORIDA.
27
28
29
~2
~4
,5
,6
~7
18
;9
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~6
ASEJ~IDA ITEM
' ~ AUS 0 3 1999
Pg.
:\G I~,EE~IENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
-- This Agreement for the Waiver oflmpact Fees entered into this _ day of 1999, by and
bern cc~TM. :!~: Board of County Commissioners of Collier County, Florida, hereinafier referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafier referred to as
"O\V.X i_.
WITNESSETH:
\~,'HEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional
Facilities impact Fee Ordinance; Collier County Ordinm~ce No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-9'7,, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordina:lc,: .No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee
OrdinLLlqcc: Collier County Ordinance No. 91-71, as amended, the Collier County Frnergency
McdicLll .'4errices System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as
amended. the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No.
92-33. as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as
they Ina\ be further amended from time to time hereinafter collectively referred to as "Impact
Fee C)rdln,mce", pro\'ide for waivers of impact fees for new' owner-occupied dwelling unit
qualif.x~Hg as affordable housing; and
\Vt [EREAS, O\VNER has applied for a waiver of impact fees as required by the Impact
Fee t)r{t~nance, a copy of said application being on file in the office of Housing and Urban
In~p|'o\'einent; and
\VttEREAS, the County Administrator or his designee has reviewed the OWNER's
applicztti~m and has found that it complies with the requirements for an affordable housing
waiver ot' impact fees as established in the Impact Fee Ordinance; and
\V t-t EREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impt~ct tccs subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
------ pro.jcc~ as eligible for an impact fee waiver; and
\VI-IEREAS, the COUNTY 'approved a waiver of impact fees for OWNER en-tb clie,,4
AGENDA |TEId
Resolknitm No. 99- at its regular meeting of , 1999; and
:_ _ AUG O 3 1999
\VHEREAS. the Impact Fee Ordinance requires that the OWNER enter into an
Agrc~.l~.~t xv~th the COUNTY.
:'. C",V. THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TEtL~d. O'~\i-'NER agrees that the Dwelling Unit shall remain as affordable housing
and sliM1 be offered for sale in accordance with the standards set forth in the appendices to the
Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate
ofoccLlpancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and ~ arrants the
follo\~
a. The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dxvelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $7,140.34 pursuant to the Impact Fee
Ordinance. In returh for the waiver of the impact fees owed by OWNER,
hous
OWNER covenants and agrees to comply with the affordable
No.
,t,',!3 O 3 1999
- 2 -
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subiect to the
in~pac', ,,:c waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to housetnolds
meeting the criteria set forth in the Impact Fee Ordinance.
AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued: and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
innpact t'c'cs shall be immediately repaid to the COUNTY.
7, LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effecti\'c date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon pa.x. ment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record zn~v necessary documentation evidencing the termination of the lien, including. but no~
limited to. a release of lien.
9. BINrIDING EFFECT. This Agreement shall be binding upon the parties to this
Agrccmc~nt and their respective heirs, personal representatives, successors and assigns. In the
case off s:tle or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the lnlpact fees waived until said impact fees are paid in full or until the conditions set forth in
the finpact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall rcn~ain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
ex ec u ti on of this Agreement by the Chairman of the Board of County Commissioners.
l l. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
AGENDA ITEM
qualification criteria established in the Impact Fee Ordinance and thereafter fails ,.o pay th~.~
- 3 - ?-US 0 3 1~
impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates
one or' the affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fiftc~Ii', (15~ days after notice of the violation.
i2. REMEDIES. Should the OWNER of the property fail to comply with the said
quallfi,::ttion criteria at any time during the fifteen (15) year period or should OWNER violate
anx provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thin)' ~30) days of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. ~,uch lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
pariLx with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the t,'OLLNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees. incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement tbr Waiver
of imi~act Fees on the date and year first above written.
Wimcsses: OWNERS:
' ~.; HABITAy FOR HUMANITY OF
,- print .Name 2,,',
les~'[S icex'P-~sid~i
STATE OF Florida .)
COUNTY OF Collier )
- 4 - ,UG O 3 1999
P~.
The foregoing instrument was acknowledged before me this ,_~ day of-,~/z,,---,---<- ,1999
bx: C'l:,ti-l cs C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally
kr~o\~ t~ to nle.
[NOq ARiAL SEAL] Sig~feof%erson Taking Acknowledgr{dent
Name of Acknowledger Typed, Pfint~or Stamped
DAB tx I~ BOARD OF COUNTY COMMISSIONERS
ATI' i-2 S T: COLLIER COUNTY, FLORIDA
D\VIGHT E. BROCK, Clerk
By:
PAMELA S. MAC'KIE, CHAIRWOMAN
Approvcd as to form and
legal suf~ciency
Hcidi F. ,Ashton
Assistant County Attorney
jd ~ :'.Lq~iC, manor addrL'agree,q3kl 31ot14
AUG 0 3 1999
- 5 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 7, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
NO.~
~ D 3 1999
- 6 -
AUG 0 3 1999
Pl-/'~./'/~'
1 RESOLUTION NO. 99-
2
3
4 F,t~NJ~ijON OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
5 C'O[ :N'I '~. FLORIDA. AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES
6 INIP~X~. T FEES, RfGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER
7 SYS'II\! I.",!PACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND
8 R[ f. P,i A ~'iONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES,
9 EMliRGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL
0 F \,. Ii ll'IbS SYSTEM IN1PACT FEES FOR ONE HOUSE TO BE CONSTRUCTED
i l Bx,' HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOI 10,
'2 1~,1 {)t 'K 2. N.AiDLES MANOR ADDITION, COLLIER COUNTY, FLORIDA.
24 WHL'RI .\~,. c ~fiher Count2,.' has recognized and attempted to address the lack of adequate and affordable
!5 housing for moderate. low, and very-low income households in the County and the need for creative and innovative
L6 programs to assist in the provision of such housing by including several provisions in the Collier County Growth
k7 Management Plan. including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy
Z8 1.5.5, policy 1.56: ,,hieolive 1.6. policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
[9 policy 2.1.6 office Housing Element; and
WHERI: ~X~. t 'olher Count, has received funding pursuant to the State Housing Initiatives Partnership Program
'.1 set forth in Sc~,,! 420 907 et. seq.. Florida Statutes and Chapter 91-37, Florida Administrative Code; and
22 WHERI \h. in accordance with Collier County. Ordinance No. 93-19, the County is authorized to use funding
'.3 from the Sta~c t l,,.j<i l :g lnitiatix es Pannership [SHIP] Program for waivers of Collier Count3' impact fees; and
:4 WHE R t .\ S. it abnat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
'.5 WHERt .\S, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom umt (the
!6 "Dwelling l_jmf') on i.ot 10. Block 2 Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five
17 Hundred Dolla; -, ',4,,.51~111.00): and
28 WIIERI:,\b '~'nc D~elling Unit will be purchased by a very low income household which is required to invest a
-~9 minimum of fix c I~kn~c!t cd (500) hours of "Sweat Equity" before it obtains title to the house; and
WHI..I.:I~ V,. M!' Charles C. Smith, Vice President of Habitat for Humanly. of Collier County, Inc., submitted to. '
31 the Office o!' lh ,, -- ~1~:~ ,nd Urban improvement an Afibrdable Housing Application dated May 5, 1999 for a waiver of
~2 impact fees ~or h.' ,~li.struction of a house on Lot 10, Block 2 Naples Manor Addition, a copy of said application is on
~3 file in the Housl..~g :x!,,i t Yrban Improvement Department; and
WHIA~.I:..\S, iI~ accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance
35 No. 99-52; See:by.': 3.(i4 of the Regional Water ancb'or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69;
t6 Section 3.04 oF ,he I !brary System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks
37 and Recreatlon:!'~ ~ aclhties Impact Fee Ordinance, Ordinance No. 99-39, Section 3.04 of the Road Impact Fee
38 Ordinance. ():d ,-,:!:~c~. No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee
39 Ordinance. {hc. kn:t",,c No. 91-71, as amended: and Section 3.05 of the Educational Facilities System Impact Fee
40 Ordinance. { h-c ~::a!'. c \o. 92-33. as amended: an applicant may obtain a waiver of impact fees by qualifying for a
41 waiver; and
1
AUG 0 3 1999
pg.
I ~. WHE Rt-.\5 )t :lbitat for Humanity of Collier County, Inc. has qualified for an ~mpact fee waiver based upon the
2 ing reprc~. .... :::.~d: i35' ttabitat for Humanity of Collier Count)', Inc.:
3 A. :!I, i ~l:~ip~ Unit shall be sold to a first-time home buyer.
4 B. I'hc I >\I clhng Unit shall be sold to a household with a very low income level as that term is defined in
5 tSe :\ppendices to the respeviive Impact Fee Ordinances and the monthly payment to purchase the unit
6 ::-I.> % x~ithin the affordable housing guidelines established in the Appendices to the respective Impact
7 ice c lrdmances.
8 C. l i~: 1 !.3. c!hng Unit shall be the Homestead of the owner.
9 D. ~..~ ~l,,,clilng Unit shall remain affordable for fifteen (15) years from the date the certificate of
~0 ~,. · .:~.;:!c\ is issued.
L1 NOW II11 }~1 F()RE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
12 COUNTY, FI.DI<fl~ \, :nat:
3 1. '.,~ B-ard of Count), Commissioners hereby authorizes the County Administrator to issue an
4 \'d:hor~zat~on for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
.5 h/lu-c \~ hlch shall be constructed on Lot 10, Block 2 Naples Manor Addition, Collier County, Florida.
6 2. L ,./~,r. receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
7 tcc ~!gned by Habitat for Humanity of Collier County, Inc., an&'or the purchaser, or other
~ d,,c~.nwntaUon acceptable to the County Attorney, the Board of County Commissioners hereby
9 ..:t!:ill ~/cs the payment by, Collier Count)' of the following rompact fees from the Affordable Homing
'-0 I! .4 i:znd. Fund (191), in the following amounts for the one (1) house to be built on Lot 10, Block 2
-q \:~i~',cs Manor Addition by Habitat for Humanity of Collier Count)'. Inc.:
~.2 \ Library Impact Fee $ 180.52
'-3 I~ Road Impact Fee 1,379.00
'.4 ( Parks Impact Fee: 820.84
'-5 I~ EMS Impact Fee 14.00
.~6 ~ I!ducational Facilities System Impact Fee 1,778.00
27 ~ \\ater Impact Fee 1,275.00
28 [i ',cwer Impact Fee 1,575.00
29 ~ !. ¢ orrecuonal Facilities Impact Fee 117.98
~0 'I'OTAL I~IPACT FEES $7,140.34
;1 ~ ~2~c payn..ent of impact fees by Collier County is subject to the execution and recordation of an
~,2 .t:zrecment for waiver of Collier County Impact Fees between the property owner and/or.purchaser
33 ~nd the Count,,'.
34
3
36 AC-/.NDA
2
AU6 O 3
Pg.
1
2 ! ~, i{c-~,it~tlon adopted after motion, second and majority vote favoring same.
4
5 DATED:
6
7 ATTEST: BOARD OF COUNTY COMMISSIONERS
8 DWIGHT E. BI<, ,t :., ~ icrk COLLIER COUNTY, FLORIDA
9
10
11 By:
12 PAMELA S. MAC'KIE, CHAIRWOMAN
13
14
15 Approved as to
16 legal sufficienc):
17
19 . ',_. l' '
20 Heidi 1~. ASl~iu~ '
21 Assistant Cou:nl,.
22
23
24 jd/g/joanne/nap'.c, ::~ ........ldn.
Z5
26
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7
8
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,4 AC.~JqDA ITEM
3 AUG 0 3 1999
1
2
3 ~
5
6
7
8
9 EXHIBIT "A"
10
11 LEGAL DESCRIPTION
12
13
14
15 LOT 10, BLOCK 2, NAPLES MANOR ADDITION, ACCORDING
16 TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
17 3. AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
18 FLORIDA.
19
20
21
~r AGENDA ITEM
4 i /~!,.,'3 0 3 1999
-' T NO i OF Z
/]AN O P,, A D D ITIO
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AGREEI~IENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES
Thi ~ ,~\greement for the Waiver of Impact Fees entered into this _ day of 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COLTNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as
,,O\x.'NFZR."
WITNESSETH:
\VHEREAS. Collier County Ordinance No. 99-52. The Collier County Correctional
Facilities impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County
Reg~o,x~i Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-9~. its amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordin'.u~cc No. 9%39, the Collier County Parks and Recreational Facilities lmpact Fee
Ordin',mcc; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency
Meciical Se~ices System Impact Fee Ordin~ce; Collier County Ordinance No. 92-22, as
an~endcd. the Collier County Road Impact Fee Ordin~ce; ~d Collier County Ordin~ce No.
92-33. as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as
thc~ may be fuaher amended from time to time hereina~er collectively refe~ed to as "Impact
Fec Ordinance", provide for xvaivers of impact fees for new owner-occupied dwelling unit
qm~l~ t~g as affordable housing', and
WHEREAS, OXVNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OgER's
application and has found that it complies with the requirements for an affordable housing
xxa~x ct' ~' innpact fees as established in the Impact Fee Ordinance; and
WHEREAS. the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satishction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; ~d [ ~~
WHEREAS, the COUNTY approved a waiver of impact ices for OW'NER embodied in
Resol,jtion No. 99- at its regular meeting of ., 1999; and
','.'HEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEEFOE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2 LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference
herein.
3,TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and slyall be offered for sale in accordance with the standards set forth in the appendices to the
Impact l-'ee Ordinance for a period of fifteen (15) years commencing from the date the certificate
of OCCLIpLH~Cy iS issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
follox~ing:
a. The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
e. O'vVNER is the owner of record of the Dwelling Unit and owe
· AGF, NDA nT, M
fees in the total amount of $7,140.34 pursuant to the Im act
AU6 0 3 1999
- 2
Ordinance. In return for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
.AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
afford',ible housing for a fifteen (15) year period after the date the certificate of occupancy is
issuect: and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
irnpac~ fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requircl~ncnts and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon p:~> ment of the xvaived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited ~o, a release of lien.
,). BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impac~ fees waived until said impact fees are paid in full or until the conditions set forth in
the li~3pact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall rcmain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
- 3 - AUG 0 3 1999
l l. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
qu,~iii~cation criteria established in the Impact Fee Ordinance and thereafter fails to pay the
impL~L't ;~.-cs due within thirty (30) days of said non-compliance, or (2) where OWNER violates
one c5 ~l:c affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fifteen {i 5) days after notice of the violation.
152. REMEDIES. Should the O\VNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any pr~v: sions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty {.3~) days of said non-compliance. OWNER agrees that the impact fees waived shall
cons~il kite a lien on the Dwelling Unit commencing on the effective date of this Agreement and
contim~ing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, Itssee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
pariLx' xvith the lien of any such County taxes. Should the OWNER be in default of this
Agreemcn~ and the default is not cured within (30) days after written notice to OXt,q'q'ER, the
Board rally bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or ~t!:cr~ise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver
of In~p~lct Fees on the date and year first above written.
Witnesses: OWNERS:
~//.~,.~4/L/ .... HABITAT EOR HUMANITY OF
------t/ :,,.,,d
~Print Name _;'L,:,,7-.~ ~ ~ ~'~7 B: (~ /~'(-~5~
C X~rfiith ic r ,~6F. NO~, IltU
-.nt
- 4 - AUG O 3 1999
S~I A'I E OF Florida )
COUN'IY OF Collier )
lhe I'oregomg instrument was acknowledged before me this/'-/day of,,~,, , 1999
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County,k-~nc. HY--(s personally
knox~ n to me.
[NOT:\ R1AL SEAL] ~dture of Person Taking Ac~/wledgment
Name of Acknowledger Typed, Print2or Stamped
DATED: BOARD OF COUNTY COMMISSIONERS
ATT E S T: COLLIER COUNTY, FLORIDA
DVClGHT E. BROCK, Clerk
By:
PAMELA S. MAC'KIE, CHAIRWOMAN
Appro\'ed as to form and
legal sufficiency
7d'i'i" f.,ishtSn '
Assistant County Attorney
jdg .1,~annc naples manor addn~/agree
AGF, NDA I'r~r.M
AUG 0 3 1999
- 5 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 10. BLOCK 2, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
AG~.h~)A ;TEM
AU~ 0 3 1999
- G -
1 RESOLUTION NO. 99-
2
3 R!:~I ~r ! !'ION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
4 C~ !N i x,. FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
5 FAt I11i ibq IMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM
6 IMt'.A~ I FEES. LIBRARY SYSTEM IMPACT FEES, PARKS AND
7 RE< i-:i.:x. FiONAL FACILITIES IMPACT FEES, ROAD 12VIPACT FEES,
8 EV.! icil NCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL
9 t--*~t 'II I1 tkiS SYSTEM IMPACT FEES FOR ONE HOUSE TO BE
10 (~ ~N'~ l t,',l 'CTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY,
11 IN{.. tin LOT 5. BLOCK 12, NAPLES MANOR EXTENSION, COLLIER
12 COl '\ I"~ FLORIDA.
13
14 WHERI .:\>;. t1, ,2:let Coun.'3' has recognized and attempted to address the lack of adequate and affordable
15 housing for model a~,- !,~\~. and veD'-low income households in the County and the need for creative and innovative
16 programs to assl~: !: ~?-.c provision of such housing by including several provisions in the Collier County Growth
17 Management Plan. including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy
18 1.5.5, policy 15 ~1. ,,!l~cct~x'e 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
19 policy 2.1.6 ofllte l lc}us:ng Element; and
20 WHERFA5. t o!lier CounD,., has received funding pursuant to the State Housing Initiatives Parmership
21 Program set t't~u:l~ ~:: y,c~i~n -;20.9o7 et. seq., Florida Statutes and Chapter 91-37, Florida AdminisU'ative Code; and
22 WHt:RI-...x.~,, t?: accordance with Collier County Ordinance No. 93-19, the Count),' ~s authorized to use
23 funding from :t~c 5i'..::7 I lou~lng Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees;
24 and
25 WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
26 WHERt: \~, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom umt (the
27 "Dwelling Unl~") lm I o! 5. Block 12 Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five
28 Hundred Dollar- 1%:,. 5t~!.~ {2)0 ): and
29 Wltl!F~l~:\h ~ii, D\~elling Unit will be purchased by a very low income household which is required to
30 invest a mimmtit~, ,,: !: ~ c i~undred (500) hours of "Sweat Equity" before it obtains ntle to the house; and
31 W}tI:R~ \>, 'd!. ¢'l',arlcs C. Smith, Vice President of Habitat for Humanity of Collier County, Inc.,
32 submitted to tlqc ~ ~:' , ~ of ltousing and Urban Improvement an Affordable Housing Application dated May 5, 1999
33 for a waiver tll !1~,]/. ,i 1~?cs lbr the construction of a house on Lot 5, Block 12 Naples Manor Extension, a copy of
34 said applicat~t,I~ i, ~11: f= lc m the Housing and Urban Improvement Department; and
35 WItLRI ,\',. la-, accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance
36 No. 99-52: So, ': i~i ~, ~- o:' the Regional Water an&or Sewer System Impact Fee Ordinance, Ordinance No. 98-69;
37 Section 3.04 ol ~!~c [ ~N'ary System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the
38 Parks and Rcc: ,.k=l :, .::: [ acllnies hnpact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee
39 Ordinance. Ordn~a!~ c \o. 92-22, as amended: Section 3.05 of the Emergency Medical Services System Impact Fee
40 Ordinance, Or&:~a::cc No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee
41 Ordinance. Ordl:la:,,'c No. 92-33, as amended; an applicant may obtain a xvaiver of impact fees by qualifying for a
42 waiver; and
2 WHERi.~,' :.:: 5:: Hun:zn:U- of Collier County., Inc. has qualified for an impact fee waiver based upon
3 the following l e: ,: ~- ....... made by Habitat for Humanity of Collier County, Inc.:
4 A. i i~c i ~,. ilmg Unit shall be sold to a first-time home buyer.
5 B. i ;... Iv. ~.2ii~:g Unit shall be sold to a household with a very low income level as that term is defined
6 m :i~c Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the
7 ~::~1! ~:~: c>e x~ith~n the affordable housing guidelines established tn the Appendices to the respective
8 i!~d,,c: } cc Ordinances.
9 C. lic )\', cllillg Unit shall be the Homestead of the owner.
l0 D. l!~c ~)':. clllng Unit shall remain affordable for fifteen (15) years from the date the certificate of
11 ~cc,,,,x::'~cy ~s issued.
12 NOV,' 'ItlI..i<E!ORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
13 COLLIER COUNI'~. FLORIDA, that:
14 1. I Z~c' gl~ard of County Commissioners hereby authorizes the County Manager to issue an
15 ?,a~!~,lrl/ation for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
16 ,~1~:-: ..,i i:ictn st~all be constructed on Lot 5, Block 12 Naples Manor Extension, Collier County,
l I 2. ~ i,,,' ! 1 ~.~ c ip: b.v the Housing and Urban Improvement Director of an agreement for waiver of impact
19 f~-c- ,~,_':~cd by Habitat for Humanity of Colller County, Inc., and/or the purchaser, or other
20 ,: ......~!~c!'::atlon acceptable to the County Attorney, the Board of County Commissioners hereby
21 i, ktti: ~ri/c~ the payment by Collier County of the following impact fees from the Affordable Housing
22 l!~,>: I ~,!~d. Fund (191), in the following amounts for the one (1) house to be built on Lot 5, Block 12
23 \a~TM :~ Manor Extension by Habitat for Humanity of Collier County, Inc.:
24 .,\ Iibrary Impact Fee $ 180.52
25 B i2, oad Impact Fee 1,379.00
26 t l'ar]is Innpact Fee: 820.84
27 I i MS Impact Fee 14.00
28 I t-Educational Facilities System
29 l:~pact Fee 1,778.00
30 t- \Vater Impact Fee 1,275.00
31 (i. Scx~erlmpactFee 1,575.00
32 }4. Correctional Facilities Impact Fee 117.98
33 T()TAL I.'~IPACT FEES $7,140.34
34 3. 1 }~c pay'ment of impact fees by Collier County is subject to the execution and recordation of an
l~gl ecruera for waiver of Collier County Impact Fees between the property owner and/or
36 p, ~: chaser and the County.
- 2 -
1
2 I: :- Rcqohmon adopted after motion, second and majority vote favonng same.
3
4
5 DATED:
6
7 ATTEST: BOARD OF COUNT'/COMMISSIONERS
8 DWIGHT E. BRC)LK. Clerk COLLIER COUNTY, FLORIDA
9
0
1 By:
2 PAMELA S. MAC'KIE, CHAIRWOMAN
3
4
5 Approved as to
6 legal sufficient',
7
8
:0 I~idi
il Assistant Co'd!;t', \u,
:3
'.4 jd/c/Naptes .'x. lano~ i \~,~i~!,lD. reso
:5
:6
:8
:9
~0
~2
;3
,4
;5
~6
,7
~8
~9
;0
;2
;4
~5
~6
~7
~8
~9
;0
i2
i3
~4
55
56
17
58
59
i0
51
53
54 ' IP._.(d~ I'~
AUG 0 3 1999
1
3
5
6
7
8
9
10
I1
12
13
14
15
16
17 EXi-IIBIT "A"
18
19 LEGAL DESCRIPTION
20
21
22
23 LOT 5, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING
24 TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
25 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
26 FLORIDA.
27
28
29
30
31
32
t3
3
~6
~8
t9
10
ll
42
13
45
46
A~NDA ITEJ~
- 4 -
AUG 0 3 1999
F
/
/ ·
, .:,' , ,- , ...
-'~GREE:. :2NT FOR W'AIVER OF COLLIER COUNTY DIPACT FEES
This :\ .,_.' !~:ment for the Waiver of la:pacL ~ ees entered into this _ day of 1999, by and
between ~he Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "C'OL'NTY" and Habitat for Humanity of Collier County, Inc,, hereinafter referred to as
"O '~x,:N ]U.2 R"
WITNESSETH:
'., i iEREAS, Collier County Ordinance No. 98-69, the Collier County Correctional
Facz ',',: :. - !!,2pact Fee Ordinance, Collier County Ordinance No. 99-52; Collier Count>' Regional
Wa',~.! ...::,: or Sexver Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as
ame::dL;,!. :he Collier County Library System Impact Fee Ordinance; Collier County Ordinance
No 9~)-~9, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier
Coul:~ tDrdinance No. 91-71, as mended, the Collier County Emergency Medical Services
S)',~I,j::: killpact Fee Ordinance; Collier County Ordinance No. 92-22, as mended, the Collier
COLi',!',', i~,oLtd Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the
Coll!~.:' ~ ~lk~nty Educational Facilities System Impact Fee Ordinance, as they may be further
amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance",
provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as
afford~lble housing; and
",", }tEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fec ~:~:i!!ance, a copy of said application being on file in the office of Housing and Urban
In~p: ,~,, ~.:~i~.nt; and
'~ ttEREAS, the County Administrator or his designee has reviewed the O~.~'~ER's
api,~!,...,~'.:,.:~ and has found that it complies with the requirements for an affordable housing
wal\ c: ~,! impact fees as established in the Impact Fee Ordinance; and
'& HEREAS, the irnpact fee waiver shall be presented in lieu of payment of the requisite
in~p,~,'t ~cL-s subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
pr,~,ccL ,:, digible li3r an impact fee waiver; and .....
- :3. - AL;S 0 3 1999
',x,'I tEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resoi~:t:oi~ No. 99- at its regular meeting of ,1999; and
',",'}!EREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Ag:',~'c:l ~'~:t with tb.e COUNTY.
', i~'~V. THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree- ,:,- :', ,i }ows:
RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2 LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are attached hereto as Exhibit 'A' and incorporated by reference
herein.
". '[EP~\I. O\\' ~NER agrees that the Dwelling Unit shall remain as affordabie housin~
and .~; ,, :~c offered for sale in accordance with the standards set forth in the appendices to the
ImpL!,. L L cc Ordinance for a period of fifteen (1 ~) years commencing from the date the certificate
ofoc~'~!,,~,~!~,cv is issued for tile Dwelling Unit.
REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
The D\~elling Unit shall be sold to a household with a ver~' lo\v income as
defined in the appendices to the Impact Fee Ordinance and his her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housin~ for fifteen (! 5 )
},'ears from the date the certificate of occupancy is issued for the Dwelling
Unit; and
e. ON,~'.~ER is the owi~er of record of the Dwelling Unit and owes impact
t'ces in the total amount of $7,140.34 pursuant to the hnpa:t F~~
- 2 AUG 0 3 1999
Ordinance. In return for the waiver of the impact fees owed by OWNER,
OWNER covenants arid agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
imp'.ic: :. ~. ,,~aiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
mec:i:.: :::~ criteria set forth in the Impact Fee Ordinance.
,. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordcii~l~. housing for a fifteen (15) year period after the date the certificate of occupancy is
issued. :..'.'.d if the Dwelling Unit ceases to be utilized for that purpose during such period, the
imp~I' :..~.s shall be immediately repaid to the COUNTY.
LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
efi~':i,.. date of this Agreement; which lien may be foreclosed upon in the event of
nol~-c: .. :~mce with the requirements of this Agreement.
- RELEASE OF LIEN. Upon satisfactory completion of the Agreement
reqkllrcl~cms and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upoi~ ~,.., fluent of the waived impact fees, the COUNTY shall, at the expense of the COUNTY.
recor,: .::~', necessary documentation evidencing the termination of the lien, including, but not
lin',::~ ,.: · ,. ~ release of lien.
BINrIDING EFFECT. This Agreement shall be binding upon the par~ies to this
Agr~'¢:~...~:t and their respective heirs, personal representatives, successors and assigns. In the
case ~I '~l le or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the in~p.:ct fees waived until said impact fees are paid in full or until the conditions set forth in
the I.~t~:,,ct Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
sh a~i1 :~ :,. i,,~n a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
1.. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OV,\! i< xn the Official Records of Collier County, Florida, within fifteen i15) da\'s atier
ex~.~,:::~: of this Agreement by the Chairman of the Board of County Commissioners.
AC~..NDA IT~,M
DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails t,, -~Ii the Dwelling Unit in accordance with the affordable housing standards and
qu;~..!! :: criteria established in the Impact Fee Ordinance and thereafter fails
imt;.=.': due within thin>, (30) days of said non-compliance, or (2) where OWNER. \~olates
one u'. ~.,~ affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fiftec:~ !. Z 5 } days after notice of the violation.
' 2 REMEDIES. Should the OWNER of the property fail to comply with the said
qua:' ~':~...'.~,,n criteria at any time during the fifteen (15) year period or should OWNER violate
an.x ~:,,, !,!~ms of this Agreement, the impact fees waived shall be paid in tilll by O\VNER \vithir~
thin,. !, .-..:, days of said non-compliance. OWNER agrees that the impact fees wap.'ed shall
con st i !. ,.:c ~ lien on the Dwelling Unit commencing on the effective date of this Agreement and
cont!l~. d~:~ for fifteen (15) years from the date of issuance of the ceriificate of occupancy or until
repaid .~:ch lien shall be superior and paramount to the interest in the Dwelling Unit of an>,
owln¢.:. ~ee. tenant, mortgagee, or other person except the lien for County taxes and shall be on
par~?. .I ::: the lien of any such County taxes. Should the OWNER be in default of this
AgI .... ~,..rod the dethult is not cured within (30) days after written notice to O\\ NER. ~hc
Bo.: :, :~ring a civil action to enforce this agreement. In addition, the lien ma\ be ~k.31-eclL~scd
or ~,:!!...,. :~e enforced b>, the COUNTY by action or suit in equity as for the foreclosure of a
mort:'..i..c ,m real property. This remedy is cumulative with any other right or remedy available
to t!;~. ~c ~t 'NTY. The Board shall be entitled to recover all fees and costs, including attorneys
fee.,. ::. ~r'I'cd by the Board in enforcing this agreement, plus interest at the statutor3.' rate for
jud:!,., .~'-. calculated on a calendar day basis until paid.
IN WITNESS WHEREOF. the parties have executed this Agreement Ibr Wai\'er
of I:v.i~,,. i !-ces on the date and year first above written.
Witl'.~:cs: -~' OWNERS:
i'l ":~ ~ HABITAT FOR HUMASNITY OF
- 4 -
STATE ~/F Florida )
COL'\ 7 h' OF Collier )
I:~,c foregoing instrument was acknowledged before me this 3 day of--~--~ , 1999
by t'i:.:: .,:~ C. Smith, Vice President of Habitat for Hum~ity of Collier Gouty, Inc. He is personally
~O I ..x i< I.-XL SEg ] S~/t~e of Person T~ng Achowle4gment
Nge of Ac~owledg~r T~ed, Pgt~d o~tmped
DATE i>. BOARD OF COUNTY COMMISSIONERS
,. .....ATTES'I: COLLIER COUNTY, FLORIDA
D\x,'IG}! T E. BROCK, Clerk
By:.
PAMELA S. MAC'KIE, CHAIR\VOM.~N
jd c ::.::-.:, :nanor addr~'agree.,qDkl31otl4
AG, F. NDA I'!T..M
AU6 0 3 1999
- 5 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 5, BLOCK 12, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
AGF_IND A ITEDd
AUS 0 3 1999
~*~ OR' 2518 PG' I~17
~mtO ~ ACKNOWleDGMeNT
;
" , · ~' ' ~ ~ C COn
rive
-.
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "OLDE CYPRESS UNIT
ONE BLOCK 9" AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
OBJECTIVE:
To approve for recording the final plat of "Olde Cypress, Unit One,
Block 9", a subdivision of lands located in Section 21, Township 48
South, Range 26 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Olde
Cypress Unit One, Block 9" These documents are in compliance with
the County Land Development Code and Florida State Statute No. 177.
All fees have been paid. Security in the amount of 10% of the total
cost of the required improvements, and 100% of the cost of any
remaining improvements, together with a Construction and Maintenance
Agreement for Subdivision Improvements, shall be provided and
accepted by the Planning Services Director and the County Attorneys
office prior to the recording of the final plat. This would be in
conformance with the County Land Development Code - Division 3.2.R.
Engineering Review Section recommends that the final plat of "Olde
Cypress Unit One, Block 9" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $65,104.65 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer $24,906.50
b) Drainage,
Paving, Grading - $40,198.05
The Security amount, equal to 110% of the
project cost, is $71615.00
G'
AUG 0 3 1999
F'g, /
Executive Summary
Otde Cb;'~~-=~q Unit One, Block 9
Page 2
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $1623.70
Fees are based on a construction estimate of
$65,104.65and were paid in June, 1999.
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac) - $442.20
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $124.53
Drainage,
Paving, Grading (.425% const. est.)- $170.84
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $373.60
Drainage,
Paving, Grading (1.275% const. est.) - $512.53
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Olde Cypress Unit One, Block 9" for recording with the following
stipulations:
1. Approve the amount of Olde Cypress Unit One, Block 9 as
performance security for the required improvements.
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney ' s office.
AUG 0 3 1999
Pg. ~
Executive Summary
Olde Cypress Unit One, Block 9
Page 3
PREPARED BY:
John R. HoLldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY ·
Robert ~lhere, AICP
Planning Services Department Director
APPROVED .
V~ace~ A.ICa~e~o, AZCp, A~m~s~a~o~
Comm~ De~ezo~me~ & s~v~o~me~aZ Services
Comm~y De~. a~8 s~o~me~a~ S~cs. DZVZSZO~
AuG 0 ;3 1999
pg. k-)p)
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.696
J & D GRADING AND HAULING EXCAVATION LOCATED IN SECTION 30, TOWNSHIP
48 SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH BY VACANT LOT, ON THE
EAST BY VACANT LOT, ON THE SOUTH BY 56TM AVENUE NE R/W AND ON THE WEST
BY CANAL R/W.
OBJECTIVE:
To issue Commercial Excavation Permit No. 59.696 for the J & D Grading and Hauling Excavation in
accordance with County Ordinance No. 91-102 as amended, Division 3.5.
CONSIDERATIONS:
The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 72,912
C.Y. to be hauled off-site.
/
FISCAL IMPACT:
The fiscal impact to the County is none. The County will realize revenues as follows:
Fund: 113 Community Development Fund
Agency: County Manager
Cost Center 138900 - Development Services
Revenue generated by this project
Total $4,533.00
The breakdown is as follows:
a) Excavation Review Fee - $ 850.00
- b) Excavation Permit Fee - $ 277.00
c) Road Impact Fee - $ 3,406.00
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION:
That the Board of County Commissioners approve the issuance of Commercial Excavation Permit No.
59.696 for the J & D Grading and Hauling Excavation with the following stipulations:'
1. The excavation shall be limited to a bottom elevation of 20 It. below top of bank. All
distributed areas proposed for lake excavation shall be excavated to a minimum depth of 6'
below the dry season water table.
AUG 0 3 1999
......... /. ..........
2. Off-site removal of material shall be limited to 72,912 C.Y. and shall be subject to "Standard
Conditions" imposed by the Transportation Services Division in document dated 5/24/88
(copy attached).
3. The lake littoral zone shall be created and planted as indicated on the Plan of Record.
4. In order to ensure a minimum eighty percent (80%) coverage of littoral zone planting areas,
a performance guarantee, based on a cost estimate to replace the original installed littoral
zone plants, will be required upon completion and acceptance of the excavation (Land
Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this
performance guarantee is submitted.
5. All provisions of Collier County Ordinance No. 91-102, Division 3.5 shall be adhered to.
6. Where groundwater is proposed to be pumped during the excavating operation, A
Dewatering Permit shall be obtained from the South Florida Water Management District,
and a copy provided to Engineering Review Services for approval prip,.r to the
commencement of any dewatering activity on the site.
7. No blasting will be permitted unless issued a separate permit by Collier County Engineering
Review Services.
8. If trees are to be removed as a result of the excavating operation, a Vegetation Removal
Permit, is required by Land Development Code, Division 3.9 shall be obtained from Collier
County Planning & Technical Services before work shall commence.
9. Stockpile side slope shall be at a maximum of4:1 unless fencing is installed around the
entire perimeter of the stockpile area.
10. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and
erosion control devices installed.
11. Limit of operation shall be two years.
12. The policies adopted by the BCC on August 3, 1999 pursuant to Commercial ExCavation in
Golden Gate Estates shall apply.
AUG 0 8 1999
.~Pg.
ENGINEERING REVIEW
REVIEWED BY:
TOM KUCK, P.E. DATE
ROBERT J. MULHERE, AI DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
AP P R~B~/
//'
VINCENT A. CAUTERO, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Permit No.59.696 EX SUMMARY/SS/sw
AUG 0 3 1999
3
Pg ~
COLLIER COUNTY TRANSPORTATIO~ SERVICES
"STANDARD CONDITIONS"
EXCAVATION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
I. Haul routes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front collector roads, appropriate turn lanes,
buffer and bikepath shall be required as minimal site improvements and if recommended for
approval, shall be so with the condition that the Transportation Services Administration
reserves the fight to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road condition or substantially deteriorate a road condition; such
action by the Transportation Services Administration shall be subject to appeal before the
Board of County Commissioners.
2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair share by the pen'nittee in accordance with Excavation Ordinance No. 91-102
as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64.
3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the road
system within the excavation project's zone of influence. If appropriate, road impact fees in
accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
permit.
4. The Transportation Services Administration reserves the right to establish emergency weight
limits on public roadways affected by the off-site removal of excavated material; the
procedure for establishment of weight limits shall be the presentation of an applicable
resolution before the Board of County Commissioners. Should weight limits be instituted,
the permittee shall be responsible to implement measures to assure that all heavy truck
loadings leaving the permit's property conform to the applicable weight restriction.
5. The Excavation Performance Guarantee shall apply to excavation operations and also the
maintenance/repair of public roads in accordance with current ordinances and applicable
permit stipulations.
E tT" "
Page One ofTwo
AUG 0 3 1999
........ .~P,Cl. 4
. ( (
6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit
may be appropriate. Should a blasting permit application be subrrdtted and should
residential areas exist within one mile of the excavation site, the County reserves the right to
deny a blasting permit based on concerns for off-site impacts from blasting at an excavation
site. Should a blasting permit be considered and appmved, the minimum conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follows:
A. Structure inventory/monitoring and applicable property owner release as required by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
C. Control of size/depth/number of charges per blast by the Development Services
Director.
D. The right of the County to suspend and/or revoke blasting permit authority should it
be determined that blasting activities are creating unacceptable off-site conditions
/ either in terms of private property damage and/or related physical effects of blasting
operations.
7. No excavation permit shall be issued until receipt of a release from the Transportation
Services Administration applicable to proper mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No.
91 - 102 as amended.
Reference to letter of 5/24/88
Revised 1/13/98
AGEr
No 7
~"~ AUG 3 1999
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PELICAN STRAND
REPLAT - 7", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
OBJECTIVE:
To approve for recording the final plat of "Pelican Strand Replat -
7", a subdivision of lands located in Section 18, Township 48 South,
Range 26 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Pelican
Strand Replat - 7" These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost
of the required improvements, and 100% of the cost of any remaining
improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the
Planning Services Director and the County Attorneys office prior to
the recording of the final plat. This would be in conformance with
the County Land Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of "Pelican
Strand Replat - 7" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $252,099.35 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $ 82,493.00
b) Drainage,
Paving, Grading - $169,606.35
The Security amount, equal to 110% of the
project cost, is $252,099.35
AUG 0 3 7999
Pg. /
Executive Summary
Pelican Strand Rep!at 7
Page 2
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 Development Services
Revenue generated by this project:
Total: $4981.12
Fees are based on a construction estimate of
$252,099.35and were paid in March, 1999.
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)- $ 447.95
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $ 412.46
Drainage,
Paving, Grading (.425% const. est.)-$ 720.83
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $1237.40
Drainage,
Paving, Grading (1.275% const. est.) - $2162.48
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Pelican Strand Replat - 7" for recording with the following
stipulations:
1. Approve the amount of $277,309.29 as performance security
for the required improvements.
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
AUG 0 3 1999
Executive Summary
Peilcan Strand Repiat - 7
Page 3
PREPARED BY:
John R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
Rc~Deft Mu!here, AICP Date '
Planning Services Department Director
,?
APPROVED BY: ~
Vincent A. Cautero, AICP, Administrator Date
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
jrh
AUG 0 3 7999
....,_..~g,
V, iLLOUGHB
U .M O K ,~ LEE ,
,~OAD ,' GARDENS
CE N TE R F~~ I M M OK
v' -
' "" B R E N TWC!OD
VICINITY MAP NOT TO SCALE~,ttT_t,I~s..
"LEGEND
ESMT = EASEMENT
DE = DRAINAGE EASEMENT '
; OF COUNTY MAUL = MAIN~ENANCEXACCESS/U~Li~Y.,EASEMENT .:
AE = ACCESS EASEMEN~ '
~MF = I~F MAINTFN~NCF F~qFMFN'T " '-:'
EXECUTIVE SUM~vlARY
RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.687,
"WHIPPOORWILL WOODS LAND TRUST COMMERCIAL EXCAVATION AND HOMESITE"
LOCATED IN SECTION 22, TOWNSHIP 48, SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH,
EAST, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES, AND ALSO ON THE EAST BY
DESOTO BOULEVARD, AND ON THE NORTH BY CR 858 AND THE WINCHESTER LAKE FILL PIT.
OBJECTIVE:
To issue an excavation permit to Whippoorwill Woods Land Trust for the project known as
"Whippoorwill Woods Land Trust Commercial Excavation and Homesite" in accordance with County
Ordinance No. 92-73, Division 3.5.
CONSIDERATIONS:
The Petitioner proposes to excavate one lake with a surface area of 3 acres + to a depth of 20 feet
below original grade on a 6.5 Acre parcel. The resultant 70,000+/- C.Y. of fill will be used off site for
house pad construction. Because the excavation is well under the 500,000 C.Y. criteria, EAC
approval was not required. The duration of the excavation will be approximately one year.
· ~-- FISCAL IMPACT:
The Community Development Fund, Development Services (11313890032940000000) has or will
receive $1,166.00 in revenues broken out as follows:
Application Fee $ 850.00
Permit Fee $ 268.24
$1118.24 TOTAL FEES
A security in the amount of $25,000 must be posted prior to permit issuance. Road impact fees will be
computed at the time of permit issuance, but are estimated to be about $10,000
GROWTH MANAGEMENT IMPACT:
None.
RECOMMENDATION:
That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.687 to
Whippoorwill Woods Land Trust for the project known as "Whippoorwill Woods Land Trust
Commercial Excavation and Homesite" with the following stipulations:
1. The excavation shall be limited to a bottom elevation of 20 feet below existing grade. '
2. Off-site removal of material shall be subject to "Standard Conditions" im ~osed by the
Transportation Services Division in document dated 1/13/98 (copy attached).
AUG 0 3 1999
3. Dewatering is not allowed
4. No blasting will be permitted.
5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform
a site visit to determine the need for a Vegetation Removal Permit and to check for any listed
species. No work shall be done prior to that site visit.
6. The lake littoral zone shall be created and planted as per the LDC. Location to be field
determined. Additional landscaping, per BCC directive may be required.
7. No Excavation Permit shall be issued until all impact fees have been paid.
8. Any additional stipulations adopted by the BCC during a general discussion of excavations in
the estates will apply to this project.
PREPARED BY:
ST~ CH~OWS~, P.E. DATE
SENIOR ENGINEER
REVIEWED BY:
THOMAS E. KUCK, P.E. DATE
ENGINEERING REVIEW MANAGER
R6BERT J. MULHERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY:
/
VINCENT A. CAUTER6;' ~dCP, ADMINISTRATOR DATE ~ "f
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
AUG 0 8 1999
2
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,o,,o.::: ::,.I-J..I.,l,ol..l.. ,. I .. ... ..!,,,.,,.!.,,I,o[..I..f..l..r..I..t,,i,.I.,l::
PROJECT; WHIPPOORWILL DESOTO PIT
~ i DAT~." APRIL 6. 1999
.
538 9th AVENUE SOUTH ~LECAL.. TRACT 113 AND THE NORTH 150" OF fI~CT 114
NAPLES, FLORIDA 34102 GOLDEN GATE ESTATES UNIT 67
PHONE: ~,03.0123 FAX: 403.9399 COLLIER COUNTY, FLORIDA
AUG 0:3 1999
COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDITIONS"
EXCAVATION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
1. Haul routes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas fi'ont collector roads, appropriate turn lanes,
buffer and bikepath shall be required as minimal site improvements and if recommended for
approval, shall be so with the condition that the Transportation Services Administration
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road condition or substantially deteriorate a road condition; such
action by the Transportation Services Administration shall be subject to appeal before the
Board of County Commissioners.
2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102
as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64.
3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the road
system within the excavation project's zone of influence. If appropriate, road impact fees in
accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
permit.
4. The Transportation Services Administration reserves the right to establish emergency weight
limits on public roadways affected by the off-site removal of excavated material; the
procedure for establishment of weight limits shall be the presentation of an applicable
resolution before the Board of County Commissioners. Should weight limits be instituted,
the permittee shall be responsible to implement measures to assure that all heavy truck
loadings leaving the permit's property conform to the applicable weight restriction.
5. The Excavation Performance Guarantee shall apply to excavation operations and also the
maintenance/repair of public roads in accordance with cu/'rent ordinances and applicable
permit stipulations.
EXHIBIT "B"
Page One of Two /~UG 0 3 1999
Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit
may be appropriate. Should a blasting permit application be submitted and should
residential areas exist within one mile of the excavation site, the County reserves the right to
deny a blasting permit based on concerns for off-site impacts from blasting at an excavation
site. Should a blasting permit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follows:
A. Structure inventory/monitoring and applicable property owner release as required' by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
C. Control of size/depth/number of charges per blast by the Development Services
Director.
D. The right of the County to suspend and/or revoke blasting permit authority should it
be determined that blasting activities are creating unacceptable off-site conditions
either in terms of private property damage and/or related physical effects of blasting
operations.
7. No excavation permit shall be issued until receipt of a release from the Transportation
Services Administration applicable to proper mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No.
91 - 102 as amended.
Reference to letter of 5/24/88
Revised 1 / 13/98
Page Two of Two
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.690,
"EVERGLADES BOULEVARD LAKE AND HOMESITE" LOCATED IN SECTION 18, TOWNSHIP 48,
SOUTH, RANGE 28 EAST: BOUNDED ON THE NORTH, EAST, SOUTH, AND WEST BY VACANT
LAND ZONED ESTATES, AND ALSO ON THE EAST BY EVERGLADES BOULEVARD.
OBJECTIVE:
To issue an excavation permit to Whippoorwill Woods Land Trust for the project known as
"Everglades Boulevard Lake and Homesite" in accordance with County Ordinance No. 92-73, Div. 3.5.
CONSIDERATIONS:
The Petitioner proposes to excavate one lake with a surface area of less than 2 acres + to a depth of 20
feet. The resultant 46,000+/- C.Y. of fill will be used off site. Because the site is well under the
500,000 C.Y. criteria, EAC approval was not required. The duration of the excavation will be
approximately one year.
FISCAL IMPACT:
The Community Development Fund, Development Services (11313890032940000000) has or will
receive $1,044.50 in revenues broken out as follows:
Application Fee $ 850.00
Permit Fee $196.00
$1046.00 TOTAL FEES
A security in the amount of $25,000 must be posted prior to permit issuance. Road impact fees will be
computed at the time of permit issuance, but are estimated to be about $8,000
GROWTH MANAGEMENT IMPACT:
None.
RECOMMENDATION:
That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.690 to
Whippoorwill Woods Land Trust for the project known as "Everglades Boulevard Lake and Homesite"
with the following stipulations:
1. The excavation shall be limited to a bottom elevation of 20 feet below grade.
2. Off-site removal of material shall be subject to "Standard Conditions" imposed by the
Traffsportation Services Division in document dated 1/13/98 (copy attached). Hours of
operation shall be limited to 7:00 AM to 5:00 PM, Mon. thru Fri., excluding holidl 9s. N~s~lo
AUG 0 3 1999
3. Dewatering is not allowed.
4. No blasting will be permitted.
5. The petitioner must apply for a Vegetation Removal Permit. Environmental Staff shall perform
a site visit to determine the need for a Vegetation Removal Permit and to check for any listed
species. No work shall be done prior to that site visit.
6. The lake littoral zone shall be created and planted as indicated on the Plan of Record. Location
to be field determined. Additional landscaping per BCC directive may be required.
7. No Excavation Permit shall be issued until all impact fees have been paid.
8. Any additional stipulations adopted by the BCC during a general discussion of excavations in
the Estates on 3 AUG 99 will apply to this project.
pREPARED BY:
,-'e ~9_ .,.,. ......,,.. ,-. i .., ..',t,.. ,~'~
STAN CHRZANOWSKI, P.E. DATE
SENIOR ENGINEER
REVIEWED BY:
THOMAS E. KUCK, P.E. DATE
ENGINEERING REVIEW MANAGER
ROBERT J. MULHERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
59.690 EX SUMMARY/SC/H/EAC Exec. Summ. No. ~,
AUG 0 3 1999
2
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_ . I~ pROJECT: WHIPPOORWILL DESOTO PIT
) ~ APRIL 19, 1999 ~UG 0 3 19~ 9
538 9th AVENUE SOUTH ~ T~CT 120
NAPLES, FLORIDA 34102 GOLDEN GATE ESTATES UNIT 6~
PHONE: 403.0123 F~: 403.9399 COLLIER COUNt, FLORIDA Pg:~-. .-.
COLLIER COUNTY TRANSPORTATION SERVICES
"STANDARD CONDITIONS"
EXCAVATION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent of these "Standard Conditions" are to provide excavation permit applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
1. Haul routes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front collector roads, appropriate mrn lanes,
buffer and bikepath shall be required as minimal site improvements and if recommended for
approval, shall be so with the condition that the Transportation Services Administration
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road condition or substantially deteriorate a road condition; such
aqtion by the Transportation Services Administration shall be subject to appeal before the
Board of County Commissioners.
' 2. Haul routes utilizing public roads shall be subject to road maintenance and road repair or an
appropriate fair share by the permittee in accordance with Excavation Ordinance No. 91-102
as amended Div. 3.5 and Right-of-Way Ordinance No. 93-64.
3. Off-site removal of excavated material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the road
system within the excavation project's zone of influence. If appropriate, road impact fees in
_ accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
permit.
4. The Transportation Services Administration reserves the fight to establish emergency weight
limits/.. on public roadways affected by the' off-site removal of excavated material; the .
procedure for establishment of weight limits shall be the presentation of an applicable
resolution before the Board of County Commissioners. Should weight limits be instituted,
the permittee shall be responsible to implement measures to assure that all heavy truck
loadings leaving the permit's property conform to the applicable weight restriction.
5. The Excavation Performance Guarantee shall apply to excavation operations and also the
maintenance/repair of public roads in accordance with cun'ent ordinances and applicable
permit stipulations.
EXHIBIT "B" '~}/~"~'
Page One of Two AUG 0 3 1999
6. Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit
may be appropriate. Should a blasting permit application be submitted and should
residential areas exist within one mile of the excavation site, the County reserves the right to
deny a blasting permit based on concerns for off-site impacts from blasting at an excavation
site. Should a blasting permit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follows:
A. Structure inventory/monitoring and applicable property owner release as required by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
C. Control of size/depth/number of charges per blast by the Development Services
Director.
D. The fight of the County to suspend and/or revoke blasting permit authority should it
-~- be determined that blasting activities are creating unacceptable off-sit~ conditions
either in terms of private property damage and/or related physical effects of blasting
operations.
7. No excavation permit shall be issued until receipt of a release from the Transportation
Services Administration applicable to proper mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No.
91 - 102 as amended.
Reference to letter of 5/24/88
Revised 1 / 13/98
' 0 1999
Page Two of.Two ' AUG '~
EXECUTIVE SUMMARY
TO AUTHORIZE THE REMITTANCE OF THE BALANCE OF FUNDS, RECEIVED FROM
PRIVATE DONATIONS AND ALLOCATED TO THE BUILDING IMMOKALEE TOGETHER
PROJECT (#01700) TO THE IMMOKALEE MAIN STREET ORGANIZATION AND APPROVE
THE NECESSARY BUDGET AMENDMENT.
OB|ECTIVE: To have the Board of County Commissioners authorize the remittance of $4,840
to the Immokalee Main Street organization, a program of the Immokalee Chamber of
Commerce, to continue to implement the Building Immokalee Together Project. This dollar
amount represents the balance of funds generated from private donations received in 1996 less
project related expenditures.
BACKGROUND: In March 1996, the Board of County Commissioners authorized a
budget amendment to provide a specific revenue line item and project number for the
Building Immokalee Together Project in the Comprehensive Planning Section Budget to
accommodate the receipt of private donations that were acquired to implement the
Building Immokalee Together Project.
The Building Immokalee Together Project is a comprehensive approach for improving
Immokalee that was developed in 1996 in direct response to the goals and policies
outlined in the Immokalee Area Master Plan and the Strategic Plan that was written in
1994 for the Empowerment Zone/Enterprise Community Initiative federal grant
program. The foundation of the effort was the community organizing that took place to
conduct the first annual Immokalee Clean Up in March 1996. Private donations of
approximately $5,395 were received. These funds were donated to support the First
Annual Clean Up day and ongoing redevelopment efforts. Because there was not an
active community-based redevelopment entity at that time the donations were accepted
by the County.
The implementation of the Building Immokalee Together Project has led to the
designation of Immokalee as a Florida Main Street (August 1996) and a Federal
Enterprise Community (January 1999). The Greater Immokalee Chamber of Commerce
was a sponsor of the Florida Main Street grant application and is the umbrella
organization for the Immokalee Main Street Program. A separate bank account was
opened for the Immokalee Main Street program and a separate board has been meeting
monthly for the last three years. The Main Street Board has received $10,000 from the
Florida Main Street program and has raised another $20,000 through a fund raising
campaign. The program has developed its capacity as an organization that can maintain
records, disburse funds, and raise private donations.
To date the Immokalee Main Street program has disbursed approximately $8,000 to
implement the Building Inunokalee Together Project. They have an annual work plan
and will continue to implement the project. The Immokalee Main Street organization
has the capacity to disburse the remainder of the funds allocated to the Building
Immokalee Together Project (#01700).
AUG 0 3 7999
CONSIDERATIONS: With the allocation of these funds to the Immokalee Main Street Project,
the CounW will no longer be responsible for their disbursement. The role of the County as
fiscal agent for funds that were donated by private sources is no longer needed. The
Immokalee Chamber of Commerce and the Immokalee Main Street Board have developed the
capacity to administer these funds.
FISCAL IMPACT: The funds allocated to the Building Immokalee Together Project (#01700)
are from a private donation. By disbursing the remaining dollars to the Immokalee Main Street
organization the County will no longer be responsible for managing the funds. Funds are
available in the MSTD General Fund (111) in the Comprehensive Planning budget. A budget
amendment will be needed to transfer funds in the amount of $4,840 into the remittance
expenditure line item.
GROWTH MANAGEMENT IMPACT: The Immokalee Master Plan, a separate element of the
Growth Management Plan, states under Policy II.2.2 that alternative funding sources will be
investigated in order to promote or expedite the implementation of the Building Immokalee
Together and Main Street Projects. Disbursing the funds to the Immokalee Main Street
organization will help to expedite implementation of the Building Immokalee Together project.
RECOMMENDATION:
That the Board authorize the remittance of $4,840 remaining in the Building Immokalee
Together Project (# 01700) to the Immokalee Main Street organization and approve the
necessary budget amendment.
PREPARED BY:
c k~, ~. ~'-, , .. ~:.:7 ~ luly, 12, 1999
DEBRAH PRESTON, AICP DATE
PRINCIPAL PLANNER
COMPREHENSWE PLANNING SECTION
REVIEWED BY:
"BARBARA A. CACCHIONE, AICP DATE
COMPREHENSWE PLANNING MANAGER
AUG 0 3 1999
Pg.
REVIEX~?ED BY:
ROBERT J. MULHERE, AICP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY:
~ ·
·
VINCENT A. CAUTERO, AICP DATE
ADMINISTRATOR
COMMUNITY DEV. AND E~IRONMENTAL
SERVICES
AUG 0 3 1999
EXECUTIVE SUMMARY
INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND
COLLIER COUNTY FOR CONTRACTOR LICENSING BY COLLIER
COUNTY.
OBJECTIVE: To have the Boar~ of County Commissioners approve the
Interlocal Agreement between the City of Naples and Collier County for
contractor licensing.
CONSIDERATIONS: In July, 1992, the City of Naples and Collier County
entered into an Interlocal Agreement for the County to issue contractor licenses
in an effort to streamline the licensing process and avoid duplication of services.
This Agreement has been renewed periodically since 1992 and the City of Naples
approved Resolution 99-8542 on the 2nd Of June, 1999, authorizing renewal of
this Agreement for another 3-year period. Said renewed Agreement will also
include the issuance of licenses for tree trimming contractors. The proposed
Interlocal Agreement will be in effect for a period of 3 years from the date of
adoption and can be terminated by either party upon written notice at least 120
days prior to the end of any fiscal year (September 30).
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: None. This is the renewal of an existing Interlocal
Agreement; hence, there is no other fiscal impact.
RECOMMENDATION: Board of County Commissioners' approval of the
Interlocal Agreement between the City of Naples and Collier County for
r t, cus~o se~,~c~'~uper~sor DATE: 7-~- ~ ~
_ ui in e' w~nd r ' i
Edward S. PericoZ 6irector
' - ' W'/~
nce~t A. Caute~o, AICP, Admin'stmtor
pment and EnLironmental Services
AUG 0 3 ~999
P,~ /
Book 112. Page
Agenda Item 5-e
Meeting of 6/02/99
RESOLUTION 99-8542
A RESOLUTION AUTHORIZING THE MAXOR AND CITY CT~RK TO EXECUTE AN INTERLOCAL
AGREEP/E~T BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY FOR CONTRACTOR
LICENSING BY COLLIER COUNTY; AND PROVIDING AN EFFECTIVE DATE.'
WHEREAS, the City and Collier County approved Resolution No. 92-6689 on
July 15, 1992, adopting an Interlocal Agreement for the County
to issue Contractor Licenses in an effort to streamline the
licensing process and avoid the duplication of services, with
the exception of lawn maintenance and tree trimming contractors;
and
WM~iREAS, the new Interlocal Agreement will include the issuance cf
contractor licenses for ~ree tr/TT~ng contractors since Collier
County now issues iicenses for ~ree trimming contracLors; and
WHEREAS, both governments des!re to renew the Interlocal Agreement for a
period of three (3) years from date of adoption;
NOW, THERF$QRE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORLDA:
Section 1. That the Mayor and City Clerk are authorized to execute an
interlocal Agreement between the City and Collier County, in
substantially the fo,nm attached hereto and incorporated heroin
by reference, which will set forth the responsibilities for the
County to issue contractor licenses, except lawn maintenance
contractors, working within the City.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF T~E CITY OF NAPLES,
FLORIDA, THIS 2ND DAX OF JIPNE, 1999.
~, Mayo~r/~~
Attest: Approved as to form'and legality:
Tara'k. Normar~, City Clerk K rney
M: \REF\COUNCIL\R~S\ 99-8542
AUG 0 3 1999
INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER
COUNTY FOR CONTRACTOR LICENSING BY COLLIER COUNTY
This agreement by and between Collier County, a
political subdivision of the State of Florida, hereinafter
called the "County" and the City of Naples, a Municipal
Corporation, hereinafter called the "City," is made in order
to set forth the responsibilities of Collier County for the
issuance of contractor licensing, excluding lawn maintenance
contractors.
WITNESSETH
WHEREAS, the City and County have determined that the
implementation of a City-County license has proved
beneficial to both City and County governments and its
contractors; and
WHEREAS, the City and County desire to continue with an
the Interlocal Agreement, first adopted by the parties in
1992, with modifications to include tree trimming
contractors;
NOW THEREFORE, in consideration of the covenants set
forth herein, the parties agree as follows:
1. The County shall be responsible for issuing
licenses to contractors working with the County
and/or City in accordance with County Ordinance
97-68, (with exception of paragraph 1.3.1."Owner-
Builders" ) and subsequent amendments and
ordinances related thereto.
2. The County shall collect the licensing fees for
those contractors licensed to work within the
County and/or City for issuance of a countywide
license.
3. The County shall provide the staff supervision,
equipment and supplies necessary Eo issue all new
and renewed contractor ' s licenses covered under
this agreement and to provide all supervisory and
investigative personnel necessary to investigate
and prosecute unlicensed contractors before the
misdemeanor courts, and licensed contractors
before the applicable disciplinary boards, as well
as investigate all related complaints.
4. The Collier 'County Contract'Or Licensing and Code
Enforcement Supervisor shall supervise al-1
AUG 0 3 1999
Contractor Licensing investigations and advise the
County's Building Division of same.
5. The County shall provide the City with monthly
reports of the licensing and investigation
activities within the City. The report is to
include all activities related to licensing and
enforcement within the City limits of Naples,
including current specific complaints,
investigations in progress, pending hearings and
court cases and disposition of such cases. City
staff will provide mutual assistance as required.
6o The County shall provide the City monthly reports
of all contractors currently licensed in the
County and City.
7. The combined County/City Contractor Licensing
Board shall hear all disciplinary matters. The
composition of the Contractor's Licensing Board
shall include a minimum of two (2) members who
reside within the corporate city limits of Naples
or shall be recommended to the Board of County
Commissioners by the Naples City Council.
8. This interlocal Agreement shall be in effect for a
period of three (3) years from date of adoption.
9. Either party to this Agreement may terminate the
Agreement by providing written notice to the other
at least 120 days prior to the end of any fiscal
year (September 30).
IN WITNESS WHEREOF, the parties have executed this
Agreement effective upon approval and execution by the
parties.
i ~ra' Normah, City Clerk
Approved as to form and legality:
City Attorney
AUG 0 3 1999
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Pamela S. Mac'Kie, Chairwoman
Attest:
Dwight E. Brock, Clerk
Deputy Clerk
Approved as to form and legal
~A/David C. W~igel
County Attorney
p: \ re snew\ int e rlocal aggr. contr
AUG 0 3 1999
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CROWN POINTE
SHORES TWO"
OBJECTIVE:
TO approve for recording the final plat of Crown Pointe Shores Two, a
subdivision of lands located in Section 7, Township 50 South, Range
26 East, Collier County, Florida.
CONSIDERATION:
Engineering Review Section has completed the review of the final plat
of "Crown Pointe Shores Two" This document is in compliance with
the County Land Development Code and Florida State Statute No. 177.
All fees have been paid. There are no subdivision related
improvements associated with this plat.
Engineering Review Section recommends that the final plat of "Crown
~._Pointe Shores Two" be approved for recording.
FISCAL IMPACT:
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $450.00 Plat Review Fees
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional approval
has been reviewed and approved by the County Attorney's Office for
the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Pla't of
"Crown Pointe Shores Two" with the following stipulations:
1. Authorize the recording of the Final Plat of "Crown Pointe
shores Two."
AUG 0 8 1999
Executive Summary
Crown Pointe Shores Two
Page 2
PREPARED BY:
John R. Houtdsw~rth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
Robert~ Mulhere, AICP Date
Planning Services Department Director
APPROVED BY:
/
Vincent A.~Cautero, AICP Administrator Date
Community Dev. and Environmental Svcs.
Community Dev. and Environmental Svcs. DIVISION
1999
PLAT BOOK PAGE
SHEET 1 OF 2 '
DAVIS BOULEVARD EXT. (S.R. 84)
o _z EDEN WOOD'
~' z <
KINGS LAKE $ 0~
"'R' ~ Z
~ ] ~' ~ ISLAND
[ ' ~ PINES
GARDEN
LAGO . .
RI~RIA
[ COLONY .~US 0 3
' GOLF f
ESTAES ROYAL WO ~~,_
LOCATION ~AP o~c cu "'--
N.T.S. --
EXECUTIVE SUMMARY
AUTHORIZATION OF 100% WAIVER OF IMPACT FEES FOR ONE VERY LOW INCOME
SINGLE FAMILY HOUSE TO BE BUILT IN THE SEMINOLE SUBDIVISION IN
IMMOKALEE, COLLIER COUNTY, BY HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
OBJECTIVE:
To have the Board of County Commissioners authorize the payment of impact fees and to
appropriate the funds for the waiver of these fees: Correctional Facilities Impact Fees, Road
Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees,
Emergency Medical Services Impact Fees, and Educational Facility System Impact Fees. The
impact fees are for the following facilities: one house to be built by Habitat for Humanity of
Collier County, Inc. with funds from the Affordable Housing Trust Fund.
CONSIDERATIONS:
Habitat for Humanity of Collier County, Inc. has submitted application for waiver of impact fees
for the purchaser of one house to be built in the Seminole Subdivision in Immokalee, Collier
County, that will sell to a very low income family for approximately $46,500. The home will be
built on the following described property.
Lot 25, Block A, Seminole Subdivision, Plat Book 1, Page 31
Habitat for Humanity of Collier County, Inc. has certified that the applicant will meet the
requirements under the Impact Fee Waiver Ordinances as a very low income, first time home
buyer to qualify for Affordable Housing Impact Fee Waivers.
FISCAL IMPACT:
Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund.
The total amount of impact fees requested to be waived is $4,290.34.
Impact fee charges for the nine houses in Naples, Collier County, would be itemized as follows:
Unit
.a) Correctional Facilities Impact Fee $ 117.98
b) Library System Impact Fee 180.52
c) Road Impact Fee 1,379.00
d) Parks Impact Fees 820.84
e) Emergency Services Impact Fee' 14.00
/,_, f) School Impact Fee 1,778.00
TOTAL IMPACT FEES $4,290.34 N:sT~ .~.~.! t. iL
AUG 0 3 1999
Executive Summary
Habitat for Humanity of Collier County, Inc.
Page Two
GROWTH MANAGEMENT IMPACT:
The impact fee waiver will bring relief to the buyer of housing for very low income family in
compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan.
RECOMMENDATION:
The board of County Commissioners approve the Resolution and Agreement authorizing the
waiver of impact fees for one house to be built in the Seminole Subdivision in Immokalee,
Collier County, by Habitat for Humanity of Collier County, Inc. for a very low income buyer and
to pay for these impact fee waivers with State Housing Incentive Partnership [SHIP] program
revenue funds.
jd/7/13/99
PREPARED BY:
~ c~/t ;'c ,-,' ~ ~ ~( ( ~, ~ , . / 2 i/,.('(
-/
Jo e Dalbey, Pl~er II "'-'/ Date
~' ng ~d Urban Improve~nt
~VIE~D BY:
~PROVED~Y:
V~CENT A. CAUTERO, AICP, ~M~IST~TOR Date
COMITY DEVELOPMENT ~ E~IRO~ENTAL SERVICES
3~abitat _,
1999
RESOLUTION NO. 99-
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
FAC'II.ITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND
RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES,
EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL
FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE
CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY,
IN( '., ON LOT 25, BLOCK A IN SEMINOLE SUBDIVISION, IMMOKALEE.
1 WHEREAS. Collier County has recognized and attempted to address the lack of adequate and affordable
2 housing for moderate, low, and very-low income households in the Counts' and the need for creative and
3 innovative programs to assist in the provision of such housing by including several provisions in the Collier
4 County Gro~qh Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3,
5 policy 1.5.4. policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy
6 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and
7 WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership
8 Program set tbrth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Adminislxative Code;
9 and -.
10 WHEREAS. in accordance with Collier County Ordinance No. 93-19, the County is authorized to use
11 funding from ~hc State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees;
12 and
13 \VItEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
14 WHERt:AS. Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
15 "Dwelling Unit") on Lot 25, Block A, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six
16 Thousand Five Hundred Dollars ($46,500.00); and
17 WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to
18 invest a mmm~um ot' five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
19 WltlRI.A.S. Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc.,
20 submined tt~ fi~c t )Ffice of Housing and Urban Improvement an Affordable Housing Application dated December
21 21, 1998 t'or ~ x~ a lvcr of ~mpact fees for the construction of a house on Lot 25, Block A, Seminole Subdivision m
22 Immokalee. a cop.x of said application is on file in the Housing and Urban Improvement Department; and
23 WHEREAS, m accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance,
24 Ordinance 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended;
25 Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04
26 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical
27 Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational
28 Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of
29 impact fees b) quahi~'ing for a waiver; and
AUG 0 1999
I . WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based
2 upon the following representations made by Habitat for Humanity of Collier County, Inc.:
3 A. '[ 'he Dwelling Unit shall be sold to a f~rst-time home buyer.
B. The Dwelling Unit shall be sold to a household with a very low income level as that term is
~ defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to
6 purchase the unit must be within the affordable housing guidelines established in the Appendices
7 to the respective Impact Fee Ordinances.
8 C. The Dwelling Unit shall be the Homestead of the owner.
9 D. 'Fhe Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
10 occupancy is issued.
11 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
12 COLLIER ('DUNI'Y, FLORIDA, that:
13 I I'hc Board of County Commissioners hereby authorizes the County Administrator to issue an
14 .,\utlnonzation for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one
15 { 1 ) house which shall be constructed on Lot 25, Block A, Seminole Subdivision in Immokalee,
16 /lollier County, Florida.
17 , Upon ~ece pt y the and Urban Improvement Director of an agreement for waiver of
_. ~ b Housing
18 unpact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other
19 documentation acceptable to the County Attorney, the Board of County Commissioners hereby
3Lnhorizes the payment by Collier County of the following impact fees from the Affordable
~ llousing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on
22 lot 25, Block A, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County,
23 Inc.:
24 \. Library' Impact Fee $ 180.52
25 B. Road Impact Fee 1,379.00
26' ('. Parks Impact Fee: 820.84
27 D. EMS Impact Fee 14.00
28 E Educational Facilities System Impact Fee 1,778.00
29 F Correctional Facilities Impact Fee 117.98
30 TOTAL II~IPACT FEES $4,290.34
31
32 3. The payment of impact fees by Collier County is subject to the execution and recordation of
33 an agreement for waiver of Collier County Impact Fees between the property owner and/or
34 purchaser and the County.
35
36
38
AUG 0 8 1999
.~ F~ 41~ ~
1
2
3 This Resolution adopted after motion, second and majority vote favonng same.
4
5
6 DATED:
7
8 ATTEST: BOARD OF COUNTY COMMISSIONERS
9 DWIGHT li. BR( ~('K, Clerk COLLIER COUNTY, FLORIDA
10
11
12 By:.
13 PAMELA S. MAC'KIE, CHAIRWOMAN
14
15
16
17
18 Approved as to li~rm and
19 legal sufficiency:
20
22 , ; ~.;' '~ ~
23 'X~ht,m '
24 Assistant Ct~ul~t.~ Attorney
25
26
27 jd/gm/c/scmmolcs d reso
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
45
46
47
48
49
50
51
52
- 3 AUG 0 B 1999
1
2
3
4
7 ~-.~
8
9
10
11
13
14 EXI~IBIT "A"
15
16 LEGAL DESCRIPTION
17
18
19
20 LOT 25, OF BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE,
21 ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN
22 PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER
23 COUNTY FLORIDA.
24
25
26
27
28
29
30
31
33
34
35
36
38
39
40
AUG 0 1999
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AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this _ day of 1999, by and
~ between the Board of County Commissioners of Collier County, Florida, hereinafier referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafier referred to as
"OWNER."
WITNESSETH:
WHEREAS, Collier County Ordinance 99-52, the Collier County Correctional Facilities
Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County
Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as
amended, the Collier County Emergency Medical Services System Impact Fee Ordinance:
Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee
Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County
Educational Facilities System Impact Fee Ordinance, as they may be further amended from time
A to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of
impact t~es for new owner-occupied dwelling unit qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
ImproVement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing
waiver of impact fees as established in the Impact Fee Ordinance; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact t~es subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99- at its regular meeting of " . , 1999; and
""" WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY. ]
' ! IXUG O 3 1999
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices to the
Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate
of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be within the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b.' The Dwelling Unit shallbe sold to a first-time home buyer~
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $4,290.34 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by. OWNER,
OWNER covenants and agrees to comply with 'the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance. ' * I '
- 2 - AUG 0 3 1999
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact Fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
,,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
,---- impact ti2es due within thirty (30) days of said non-compliance, or (2) where O~'NER violates
- 3 - AUG 0 3 1999
one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remed~ available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Witnesses: OWNERS:
7'
~ ,-~' HABITAT FOR HUMANITY OF
STATE OF Florida ) ..
COUNTY OF Collier )
The foregoing instrument was acknowledged before me this Cq day of ~'~'--,,,-- -e., ,1999
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
[NOTARIAL SEAL] ~.~flature of Person Taking Xckn~ledgrnent
Name of Ac~kn_o_wl_e~dger Typed, P~_~____~_~_~jk~t~ed or:_::~tamped
~.~t~' ~ JOANNE DALBEY
DATED: BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COUNTY, FLORIDA
D%VIGHT E. BROCK, Clerk
By:
PAMELA S. MAC'KIE, CHAIRWOMAN
"" Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County_Attorney
j4'c, scminole,,'~olka lo125
- s - AUG 0 a 1999
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 25, BLOCK A, NAPLES SEMINOLE SUBDIVISION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
NAoG~.~,~t
AUG 0 3 1999
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- 7,:..:. , .
EXECUTIVE SUMMARY
AUTHORIZATION OF 100% WAIVER OF IMPACT FEES FOR NINE VERY LOW INCOME
SINGLE FAMILY HOUSES TO BE BUILT IN NAPLES MANOR, COLLIER COUNTY, BY
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
OBJECTIVE:
To have the Board of County Commissioners authorize the payment of impact fees and to
appropriate the funds for the waiver of these fees: Correctional Facilities Impact Fees, Road
Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees,
Emergency Medical Services Impact Fees, Collier County Regional Water and/or Sewer Impact
Fees, and Educational Facility System Impact Fees. The impact fees are for the following
facilities: nine houses to be built by Habitat for Humanity of Collier County, Inc. with funds
from the Affordable Housing Trust Fund.
CONSIDERATIONS:
Habitat for Humanity of Collier County, Inc. has submitted application for waiver of impact fees
for the purchasers of nine houses to be built in Naples Manor, Collier County, that will sell to
very low income families for approximately $46,500 each. The homes will be built on the
following described properties.
Lot 3, Block 9, Naples Manor Addition, Plat Book 3, at Page 87
Lot 14. Block 13, Naples Manor Addition, Plat Book 3, at Page 68
Lot 15. Block 13, Naples Manor Addition, Plat Book 3, at Page 68
Lot 12 Block 5, Naples Manor Extension, Plat Book 3 at Page 98
Lot 13 Block 5, Naples Manor Extension, Plat Book 3 at Page 98
Lot 14 Block 5, Naples Manor Extension, Plat Book 3 at Page 98
Lot 40 Block 11, Naples Manor Extension, Plat Book 3, at Page 98
Lot 4, Block 12, Naples Manor Extension, Plat Book 3, at Page 98
Lot 6, Block 12, Naples Manor Extension, Plat Book 3, at Page 98
Habitat for Humanity of Collier County, Inc. has certified that the applicants will meet the
requirements under the Impact Fee Waiver Ordinances as very low income, first time home
buyers to qualify for Affordable Housing Impact Fee Waivers.
FISCAL IMPACT:
Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund.
The total amount of impact fees requested to be waived is $64,263.06.
Impact fee charges for the nine houses in Naples, Collier County, would be itemized as follows:
AUG 0 3
Executive Summary.
Habitat for Humanity of Collier County, Inc.
"" Page Two
Unit 9 Houses
a) Correctional Facilities Impact Fee $ 117.98 $1,061.82
b) Library System Impact Fee 180.52 1,444.16
c) Road Impact Fee 1,379.00 17,927.00
d) Parks Impact Fees 820.84 10,670.92
e) Emergency Services Impact Fee 14.00 182.00
f) Water Impact Fee 1,275.00 16,575.00
g) Sewer Impact Fee 1,575.00 20,475.00
h) School Impact Fee 1,778.00 23,114.00
TOTAL IMPACT FEES $7,140.34 $64,263.06
GROWTH MANAGEMENT IMPACT:
The impact fee waivers will bring relief to the buyers of housing for very low income families in
compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan.
RECOMMENDATION:
The board of County Commissioners approve the Resolutions and Agreements authorizing the
"" waiver of impact fees for nine houses to be built in Naples Manor, Collier County, by Habitat for
Humanity of Collier County, Inc. for very low income buyers and to pay for these impact fee
waivers with State Housing Incentive Partnership [SHIP] program revenue funds.
jd/7/13,/99
PREPARED BY:
.~nn% ilbey, Planner II 7/ Date
Housing and Urban Improvement
REVIEWED BY:
rovement
APPROV!iE; BY:
VINCENT A. CAUTERO, AICP, ADM'INISTRATOR e Da(e
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
jd/c/habitat
AUG O 3 1999
1 RESOLUTION NO. 99-
3
4 Ri-~Ii~IION OF TIlE BO.~R2D OF COUNTY COMMISSIONERS. COLLIER
5 ('( ~:",; h' FLORIDA. AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES \-
6 iMP \,i FEES. REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEttER "
7 S'V',iFM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES. PARKS AND
8 RI'_( 'REATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES. \
9 EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL
10 FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED '-,
11 BY I.ABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 3,
12 BL.~.~CK 9. NAPLES MANOR ADDITION. COLLIER COUNTY. FLORIDA.
13
14 WHERI.A:-;. Collier County has recognized and attempted to address the lack of adequate and affordable
15 housing for modetalc. low', and very-low income households in the County and the need for creative and innovative
16 programs to as~ls~ !n the provision of such housing by including several provisions in the Collier County Growth
17 Management Plan. mciuding: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy
18 1.5.5, policy 1.5.0: objecnve 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
19 policy 2.1.6 of the }iousing Element; and
20 WHEREAS. Collier County has received funding pursuant to the State Housing Initiatives Parmership Program
21 set forth in Section -~20.907 el. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and
22 WHEREAS. in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding
23 from the State lqo.i~t,,g Initiatives Partnership [SHIP] Program for waivers of Collier CounD,' impact fees; and
24 WHERE \', Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
25 WHERI:AS. Ihtbitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
26 "Dwelling Unit"~ ~m i t,t 3. Block 9 Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five
27 Hundred Dollars ~.~o.500.00): and
28 WHERI.\~. the Dwelling Unit will be purchased by a very tow income household which is required to invest a
29 minimum of fl~ c h,ndrcd (500) hours of "Sweat Equity" before it obtains title to the house; and
30 WHERE ~:~. Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to
31 the Office of thlu,!:~g and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of
32 impact fees tb~ ~nc copstruction of a house on Lot 3, Block 9 Naples Manor Addition, a copy of said application is on
33 file in the Hokl,,~t:~ i,nd I 'than Improvement Department: and
34 WHERF5 ,\54, in accordance with Section 3.04 of the Correctional Facilities Impact Fee, Ordinance No. 99-52;
35 Section 3.04 o! !~'~=. I<~-g:,lnal Water ands'or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of
36 the Library SvMcn3 Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and
37 Recreational Fac:inlcs Impact Fee Ordinance, Ordinance No. 99-39, Section 3.04 of the Road Impact Fee Ordinance,
38 Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance,
39 Ordinance No. 91-"1. as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance,
40 Ordinance No 92-33. as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and
41
AP._.-~A I1T, M
AUG 0 3 1999
1 'WHEREAS. Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the
2 r--~-wing revrc-c:,::z::oTn~ made by Habitat for Humanity of Collier County, inc.:
3 A. The Dx~ &ling Unit shall be sold to a first-time home buyer.
4 B. li',c Dx~ elling Unit shall be sold to a household with a very low income level as that term is defined in
5 ',!-~ \y~pendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit
6 must be within the affordable housing guidelines established in the Appendices to the respective Impact
7 l-c~' Ordinances.
8 C. l i~. I)weliing Unit shall be the Homestead of the owner.
9 D. Fhe Dxvelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
10 o~cLlpancy ~s ~ssued.
11 NOW ]II1' I< t~t:C )RE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
12 COUNTY, FLOI~,II~.-\. that:
13 1. i:.-~ Bt>ard of County Commissioners hereby authorizes the County Administrator to issue an
14 .\.t!:i~r:zation for wan'er of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
15 h~ m,c ~ hich shall be constructed on Lot 3, Block 9 Naples Manor Addition, Collier County, Florida.
16 2. ['pon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
17 IL.c~ s,.gned by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other
18 d~c~mentation acceptable to the County Attorney, the Board of Count>, Cormmissioners hereby
19 a
I_ ~zes the pa.vment by Collier County of the following impact fees from the Affordable Housing
20 '! ~ F,and. Fund (191), in the following amounts for the one (1) house to be built on Lot 3, Block 9
21 N:q..2c~. Manor Addition by Habitat for Humanity of Collier County, Inc.:
22 \ I.lbrary Impact Fee $ 180.52
23 B Road Impact Fee 1,379.00
24 t' Parks impact Fee: 820.84
25 1) EMS Impact Fee 14.00
26 1: Educational Facilities System Impact Fee 1,778.00
27 } \\'a~er Impact Fee 1,275.00
28 (=Sewer Impact Fee $1,575.00
29 H k'orrect~onal Facilities Impact Fee 117.98
30 TOTAL 1NIPACT FEES $7,140.34
31 3. Fhc payment of impact fees by Collier County is subject to the execution and recordation of an
32 agreement for waiver of Collier County Impact Fees between the property ox~mer and/or purchaser
33 and the Count>'.
34
35 -------
2 AUG 0 3 '1999
2 'l'i~l~ Resolution adopted after motion, second and majonty vote favoring same.
3
4
5 DATED:
6
7 ATTEST: BOARD OF COUNTY COMMISSIONERS
8 DWIGHT E. BR( ~t 'K. ~. 'ierk COLLIER COUNTY, FLORIDA
9
10
11 By:
12 PAMELA S. MAC'KIE, CHAIRWOMAN
13
14
15 Approved as to ti>rm and
16 legal sufficiency:
17
18,~.(/
19 -r \
20 Heidi F. Ashton
21 Assistant Count~ .\~tornev
22
23
24 jd/cZNaples N'la:~!x \,i,lm~m reso
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
A~A ITEk
AUG 0 3 1999
1
4
5
6
7
8
9 EXHIR1T "A'
10
11 LEGAL DESCRIPTION
12
13
14
15 LOT 3, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING
16 TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
17 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
18 FLORIDA.
19
20
21
22
AGENDA ITrd~
No,~
AUG 0 3 1999
Pg. b/
- SHEE I NO J. OF
N A. Pi E.S MAN OR
NOTE: ALL CORNER LOT DI_<:jTANCES SCALE:
ARE TO CORNER INTERSECTIONS. L.._~
ALL RADII 2S FEET ON CORNERS
AGFd2EI~IENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES~~7((~
This Agreement for the Waiver of Impact Fees entered into this _ day of 1999, by and
between the Board of County Commissioners of Collier Co~ty, Florida, hereinafler refe~ed to
as "COUNTY" ~d Habitat for Hum~ity of Collier County, hc., hereinafler refe~ed to as
"O~.'NER."
WITNESSETH:
WHE~AS, Collier County Ord~ce No. 99-52. The Collier Coun~ Co~ectional
Facilities Impact Fee Ordin~ce; Collier Co~ty Ordin~ce No. 98-69, the Collier Co~ty
Regio~al Water ~or Sewer Systems Impact Fee Ordin~ce; Collier County Ordin~ce No.
88-97, as amended, the Collier County Libra~ System Impact Fee Ordinance; Collier County
Ordin',mcc No. 99-39, the Collier County P~ks and Recreational Facilities Impact Fee
Ordinance: Collier County Ordinance No. 91-71, as mended, the Collier County Emergency
Medical Se~ices System Impact Fee Ordinance; Collier County Ordin~ce No. 92-22, as
~ended. the Collier County Road Impact Fee Ordinance; ~d Collier County Ordin~ce No.
92-33. as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as
they may be fu~her amended from time to time hereina~er collectively refeffed to as "Impact
Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit
qualifying as affordable housing; ~d
WHE~AS, O~ER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the O~ER's
application and has found that it complies with the requirements Br ~ affordable housing
waiver of impact fees as established in the Impact Fee Ordin~ce; and
WHE~AS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance quali~ing the
project as eligible Br an impact fee waiver; ~d
AUG
- ~ -
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in
Resolution No. 99- at its regular meeting of ,1999; and
\~,'HEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreen~ent with the COUNTY.
NOVq. THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TER~M. OVvq',,TER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices to the
Impacl Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate
of occupancy is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be ,,dthin the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes i~act~c/-~A:" ""
I a ~
fees in the total amount of $7,140.34 pursuant to the mp c Fee
AU6 0 3 1999
- 2 -
Ordinance. In retum for the waiver of the impact fees owed by OWNER,
OWNER covenants and agrees to comply with the affordable housing
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impacx fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
impact Fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY,
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sate or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
O\UNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
iAUG O 3 1999
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing standards and
qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the
impact t'ees due within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parit>' xvith the lien of any such County taxes. Should the OWNER be in default of this
Agrcclncnt and the default is not cured within (30) days after written notice to OV~.,'NER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other right or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement 10r Waiver
of Impact Fees on the date and year first above written.
Witnesses: OWNERS:
~ _ HABITAT FOR HUMANITY OF
·
P¢..//
STATE OF Florida )
COUNTY OF COllier )
The foregoing instrument was acknowledged before me this -d~ day of --,,/z-c,t.--c_ , 1999
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
[NOTARIAL SEAL] Si~ of Person Taking Acknowle%c(ment
Name of Acknowledger gaped
DATE[): BOARD OF COUNTY COMMISSIONERS
ATT E S T: COLLIER COUNTY, FLORIDA
D~'IGHT E. BROCK, Clerk
By:
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as to form and
legal sufficiency
/
I-/eidi F. Ashton '
Ass i s~ ant County Attorney
jdc naples manor addn/agree/l~k21otl0
AGENDA ITEM
NO,~
AU6 0 3 1999
- 5 -
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 3, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING
TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK
3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY
FLORIDA.
AGENDA ITF~
No,~
AU(3 0 3 1999
-~-
- SHEE I NO J OF
N A Pi E.S MAN OR
NOTE: ALi CORNER lOT DISTANCES SCALE
ARE TO CORNER INTERSECTIONS.
ALL RADII 2.,5 FEET ON CORNERS
EXECUTIVE SUMMARY
APPROVE AN EXTENSION TO THE TOURISM ADVERTISING AND PROMOTION
AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER
COUNTY.
OBJECTIVE: To have the Board of County Commissioners approve an amendment to the
Tourism Advertising and Promotions agreement between Collier County and the Tourism Alliance
of Collier County, by extending the agreement from September 1, 1999 to December 31, 1999.
CONSIDERATIONS: On September 1, 1998, the Board of County Commissioners entered into an
agreement with the Grantee to advertise and promote Collier County tourism. The current
agreement is slated to expire 9/1/99. The grantee desires to extend the agreement to December
31, 1999, to allow for Fall advertising placement so the ads can be paid for from FY99 funds.
FISCAL IMPACT: The amount of the Grantee's budget will remain the same.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATIONS: That the Board of County Commissioners approve the extension to the
agreement and auth rize t e Chairw an to ~
PREPARED sv: Li "' "7
"~ Helene Cas~i~iF~ '/bate'
Economic Development Mgr.
REVIEWED BY: _,,,,- ~" ~ '/~--Z~':,-,7~: ...... · . .
Gr~ Mihalic, Director ' Date'
Hou~ng and Urban Improvement
' ~ncent A. Cautero, AICP, Administrator Date
Community Dev. & Environmental Se~ices
AUG 0 3 1999
pg.
SECOND AMENDMENT TO 1998 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY
REGARDING ADVERTISING AND PROMOTION
THIS SECOND AMENDMENT TO AGREEMENT, is made and entered into this
day of , 1999, by and between the Tourism Alliance of Collier County,
composed of Visit Naples, Inc. and the Marco Island Chamber of Commerce, Inc. on behalf of
the Marco Island and Everglades Convention and Visitors Bureau, hereinafter collectively
referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "COUNTY."
RECITALS
WHEREAS, the COUNTY and the GRANTEE entered into a 1998 Tourism Agreement
,_.. dated September 1, 1998 (the "Agreement") in the amount of One Million, One Hundred
Ninety-five Thousand, Four Hundred and Twenty-nine Dollars ($1,195,429.00); and
WHEREAS, the COUNTY and the GRANTEE entered into a First Amendment to 1998
Agreement dated April 27, 1999; and
WHEREAS, GRANTEE has requested an extension to the term of the Agreement; and
WHEREAS, the COUNTY agrees to the requested extension.
WITNESSETH:
NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND
OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Section 14 to the Agreement shall be deleted in its entirety and replaced with the
following language:
TERM: This Agreement shall become effective September 1, 1999 and shall
terminate on December 31, 1999. Any funds not used by GRANTEE during the term of this
Agreement shall be available for future applicants.
2. Except as set forth herein, all of the terms and provisions of the Agreement shall
remain in full force and effect. *oS~ 4-
N l
AUG 0 ;} 1999
IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
DATED: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
PAMELA S. MAC'KIE, Chairwoman
WITNESSES: GRANTEE
TOURISM ALLIANCE OF COLLIER COUNTY
By: Visit N c.
.~ ~ ~ By: Visit ~~. ~ii~,--
Printed/Typed Name ~n~ed N~
Pdnte~ed Name
WITNESSES:
-.. By: Marco Island Chamber of Commerce, Inc.
By:
Printed/Typed Name
Printed/Typed Name
,,--- (corporate seal)
-- ·
AUG 0 3 1999
2
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney
h:/hg/hfa/99TDC/1'~ Amend The Tourism Alliance of CC
AUG 0 3 1999
3
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "GOLDEN ACRES"
OBJECTIVE:
To approve for recording the final plat of Golden Acres, a
subdivision of lands located in Section 21, Township 49 South, Range
26 East, Collier County, Florida.
CONSIDERATION:
Engineering Review Section has completed the review of the final plat
of "Golden Acres". This document is in compliance with the County
Land Development Code and Florida State Statute No. 177. All fees
have been paid. There are no subdivision related improvements
associated with this plat.
Engineering Review Section recommends that the final plat of "Golden
Acres" be approved for recording.
FISCAL IMPACT:
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $450.00 Plat Review Fees
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional approval
has been reviewed and approved by the County Attorney's Office for
the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Golden Acres" with the following stipulations:
1. Authorize the recording of the Final Plat of "Golden Acres."
AUG 0 3 1999
/
Pg - __,_--___.
Executive Summary
Golden Acres
Page 2
PREPARED BY:
John R. Houlds~orth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomgs E. Kuck, P.E. Date
Engineering Review Manager
R Mulhere, AICP Date
Planning Services Department Director
APPROVED
V2ncent A. Ca~tero, AICP A~ministrator Date
Community Dev. and ~nvironmental Svcs.
Community Dev. and Env2ronmenta2 Svcs. DIVISI0~
AUG 0 3 1999
pg. ~>?
.... 7TH A ~/E SW
"""' !5"H ave SW.
GREEN BLVD ~ ~
~ ~ ~ 16~ P~S:W.
~7TH A~ S.W~ __~ ~ ~ ~ ~
'~ [ ]''[ I ~ [~ ~ ~.~. 1
;.~
22NO AVE S.~
PL S.W.
~ ' AU~ 0 ~ ~999
* NOT TO SCALE ;
EXECUTIVE SUMMARY
EXECUTE A PARTICIPATING PARTY AGREEMENT WITH GLOBAL MANUFACTURING
TECHNOLOGY, INC.
OBJECTIVE: To have the Board of County Commissioners authorize the Commission
Chairperson to sign a Participating Party Agreement with Global Manufacturing Technology, Inc.
as a requirement for the reciept of a $750,000, 1999 Economic Development grant. This is a
contract requirement of the grant, which was awarded to the County by the Florida Department of
Community Affairs (DCA) earlier this year.
CONSIDERATION: In June of this year, the County was awarded a $750,000 Economic
Development Grant by the Florida DCA. This grant is to be used for constructing a 20,000 SF
manufacturing facility at the Immokalee Regional Airport. In the County's application for this
grant, Global Manufacturing Technology, Inc., agreed to create 22 new positions at this site, with
over 51% going to employees previously from Low to Moderate income households.
As part of the grant contract with the DCA, the County must enter into an agreement with the
Participating Party (Global Manufacturing Technology, Inc.), which requires them to fulfill the
above listed job creation promise which they made in the County's grant application.
FISCAL IMPACT: The $750,000 in grant proceeds and associated expenditures are reflected in
the FY00 Tentative Budget for the Housing and Urban Improvement Grants Fund (121 ).
GROWTH MANAGEMENT IMPACT: The Collier County Comprehensive Plan does not
include an Economic Element. However, the Board of County Commissioners has identified
economic diversity as a Strategic Goal, which will serve to strengthen the economic viability of
Collier County.
RECOMMENDATION: That the Board of County Commissioners authorize the Chairperson to
sign the Participating Party Agreement with Global Manufacturing Technology, Inc. (the job
Dona] ~ B]aloc~ B~..~Vlanage~ ~
Housing and Urban Improy
'Gre~gaffc, Director
APPROVED BY: _). ,/~~ ~/' ~' Date:
Z/VINCENT A. CAUTERO AICP, ADMINISTRATOR
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SER
AGENOA ITEM
AUG 0 3 1999
Pi- I
COLLIER COUNTY CONTRACT
PARTICIPATING PARTY AGREEMENT
' ?HiS FA~ii2!FATiNS PAFTY AGFEEMENT, i~: e:tt.e.:~i 2rite t. hi~ i,:i,
_: } :- by and beLween the Board of County co~mlssior;ers ol Collier Counu'y,
7 Florida (hereinafter referred to as the "Recipient"); and Global
N ManufacLuring Technology, inc. (hereinafter referred to as the "Company").
9 RECITALS
]0 I. The Recipient is eligible for a Small Cities, Community Developmen~
II Block Grant for Economic Development (CDBG-ED) from the Department of
i2 Community Affairs (hereinafter referred to as the "DCA") State of
]3 Florida in the amount of $750,000. The purpose of this grant is to
]4 construct a manufacturing facility at an industrially zoned area known
15 as the Immokalee Regional Airport, which is owned by Collier County.
|6 The specific conditions under which the CDBG-ED grant funds will be
]7 expended shall be contained in a DCA Contract with the Recipient
|g (hereinafter referred to as the "Award Agreement).
20 II. The CDBG-ED grant conditions the funding upon the Company taking
2] certain actions with regard to the development of the property at
22 White Lake for purposes consistent with the grant program.
23
24 III. The Recipient and the Company desire to memorialize their
25 understandings and obligations regarding the implementation of the
2{~ CDBG-ED grant to the Recipient.
2~ THEREFORE, IN CONSIDERATION OF the foregoing recitals, and for onher
2{~ good end valuable consideration, the receipt and sufficiency of which is
~t) hereby acknowledged, the Recipient and the Company agree as £oilows:
3]
~2 I. The Recipient's CDBG-ED application, as revised per site visit,
I~ submitted to DCA, dated March 26, 1999, (hereinafter "Application") is
l~ incorporated herein by reference and made a part hereof. The Company
~< agrees to perform the specific activities previously agreed Io by lhe
~{! 'Company in the Application and those recited herezn.
AGENDA ITEM
AUG O 3 1999
2 2. The term of this Participating Party Agreement shall commence on the
3 date that it is duly executed by tczh parties, and shall expire on the,
4 GaLe of DCA's approval cf a~:.2;.isL:aLive ciose-oa: :i :h~ Award
~ Agreement and when all other conditions as specified by the Award
6 Agreement and this Participating Party Agreement are met.
7
8 3. The Company will create and satisfactorily document the creation and/or
9 retention of at least Twenty Two (22) full-time equivalent permanent
]0 net new jobs, of which Twelve (12) full-time equivalent permanent net
]] new jobs are to be made available to members of' low income families as
l! specified in the Application. If more than Twenty Two {22) full-time
13 equivalent permanent net jobs are created, fifty-one percent (51%) of
14 those jobs shall be made available to members of low and moderate
]5 income households. These jobs shall be created and/or retained no later
]6 than twenty-four (24) months from the date of this Participating Party
17 Agreement, as it may be amended. Documentation shall be the Florida
18 Small Cities CDBG Program Pre-employment Household Income Verification
|9 Form for each job created (Attachment A). The requirement for
20 documentation of the creation and/or retention of these jobs shall be
2] retained for a period of three (3) years following the expiration of
22 this Participating Party Agreement.
23
24 4. The failure of the Company to create or cause to be created and/or
25 retained or satisfactorliy ~ccument the creation and/or retention of
26 the agreed upon number of jobs made available to members cf low or
27 moderate income households, shall be an act of default by the Company
28 under this Participating Part}' Agreement.
29
30 5. The Company shall provide or cause to be provided such training to
3] members of low and moderate income households, as may be necessary to
32 equip them with the skills requ:red to obtain and rera:n the jobs
33 crea~ed that have been ces~gna~ed in Applica~ic:-, Rrn E-1C' (G)
34. {Attachment B) or any mutu~ily agreed no revisions.to P ~:: ~lO (G~.
35
AGE. NDA ITEI~
No,~
AUG 0 3 1999
I 6. If requested by the Recipient, the Company shall provide to the
~ Recipient or its agents such reasonable information concerning the
--'- ~ proleo: as the Recipient may reasonably require as i: r=~la~es
4 specifically to the conditions of the grant.
0 7. This Participating Party Agreement and any amendments thereto, mus~ be
approved by the DCA as to form aid content prior to execution. Upon
8 approval of DCA, Participating Party Agreement shall be immediately
9 executed, and a copy shall be mailed to the DCA by the Recipient, The
l0 right or approval granted to the DCA with respect to changes to the
~ Participating Party Agreement between the Recipient and the Company
2 shall survive ~he term of this Agreement. The DCA does n.o~ ass~e
3 liability or responsibility for zhe accuracy or enforceabiiizy Df ~his
~ Participating Party Agreement through the exercise of this right of
5 approval.
]7 8. Any extension of the Award Agreement Pursuant to Florida Admit. Code
IS 9B-43.0i4, shall act as an extension of this Participating Party
19 Agreement. Failure of the Recipient ~o notify the Company of s~ch an
21~ extension shall not invalidate this provision.
21
21 9. Enter into a lease for the Immokalee Regional Airport Manufa~t~rzng
23 Facility Phase II at a Fair Market Lease Rate through the Collier
24 County Airport Authority. The amount of the lease shall be determined
25 upon completion of the Immokalee Regional Airport Manufacturing
26 Facility Phase II based upon final costs. Rent charged to the Company
27 shall not exceed 5% (five percent) above the original negotiated lease.
2~
29 !0. The Company shall be responsible for all maintenance for the imm.Dkalee
30 Regional Airport Manufacturing Facility Phase II and shall secure
31 insurance of a type and amount to be negotiated with the Recipient.
32
33 11. At a minimum, the Company shall participate in the State of Ficrida's
34 WAGES Program, and will hire at least one permanent full-time employee
35 who is currently seeking work through this program. The hiring c~ ~his
----- 3(} participant must be documented in writing with the Recipient as soon
3 AUG O 3 {999
1 after hiring as possible.
2
~ !f. Company, in conslderanion of Ten Soilare ($i0.00) , the rec'e:pt and
4 suffzcienz. ?: ~.;:.ic:i Ls acKnowiedqec ~::V the signing ol nhz5 A~ree:-~r~t,
5 covenant5 and agrees that in will Gelend, protect and save and keep,
6 the Recipient, and its agents and employees, forever harmless and
7 indemnified against and from any claims, suits and actions, penalty,
8 damage, injury, a~torneys' fees, costs or charges imposed, for any
9 violation of any law or ordinance by the Company, whether occasioned
]0 by the neglect of company or those holding under Company, or
]] otherwise, and that company will at all times defend, protect,
12 indemnify and save and hold harmless the Recipient against and from
13 all claims, suits, actions, loss, injury, costs, attorneys' fees,
14 damage or expense, arising out of or incidental to the performance of
]5 this agreement by the Company, or work performed by Company, its
|6 agents and employees, under the CDBG-ED grant. This provision shall
]7 also pertain to any claims brought against Recipient by any employee
]8 of Company, any sub-contractor of the Company, or anyone directly or
[9 indirectly employed by any of them.
AGENDA ITEM
No,~
AU6 0 3 1999
P~. ~'~
1
2
3 IN WITNESS WHEREOF, the Recipient and the Company have executed this
4 agreement as of the date first written above.
5
6 BOARD OF COUNTY COMMISSIONERS FOR
? COLLIER COUNTY, FLORIDA. A POLITICAL
8 SUBDIVISION OF THE STATE OF FLORIDA
9
]0 ATTEST:
]] DWIGHT E. BROCK By:
|2 PAMELA S. MAC'KIE, CHAIRWOMAN
13
14 By: Date:
15
|6
]8 APPROVED AS TO FORM AND
19 LEGAL SUFFICIENCY:
20 -~"
22
23 HEIDI F. ASHTON
24 ASSISTANT COUNTY ATTORNEY
25
26
27
28
29
~ 30
31 GLOBAL MANUFACTURING TECHNOLOGY, INC.
32 ATTEST:
33 By:
34 DONNA A. FOX - PRESIDENT/TREASURER
35
36
37 WITNESSES:
38
39 Date:
40 SIGNATURE
41
42 PRINT NAME A/qD TITLE
43
44
45 Date:
46 SIGNATURE
47
48 PRINT NAME AND TITLE
49
50
5l
AG~)A ITEM
AUG 0 3 1999
Attachment A
PRE-EMPLOYMENT
HOUSEHOLD INCOME VERIFICATION FORM
~ NAME O~= JOB APPLICANT PHONE
' HOME
~,; ADDRESS
9
lu MAILING
1! ADDRESS
z3 NUMBER OF PERSONS LIVING AT THE ABOVE ADDRESS
14
In BASED UPON THE NUMBER OF PERSONS LIVING IN YOUR HOUSEHOLD, PLEASE
1 ? STATE WHETHER THE INCOME FOR YOIJR HOUSEHOLD WAS BELOW THE SPECIFIED
] s RANGE DURING THE LAST TWELVE MONTHS.
]9
20
21 NUMBER OF PERSONS IN INCOME RANGE WAS YOUR INCOME
22 HOUSEHOLD FOR 1999 BELOW THIS RANGE
24 1 $0.00 TO $33 100 Yes No
25 2 $0.00 TO $37 800 Yes No
2<7 3 $0.00 TO $42 550 Yes No
2~ 4 $0.00 TO $47 300 Yes No
28 5 $0.00 TO $51 050 Yes No
29 6 $0.00 TO $54 850 Yes No
31t 7 $0.00 TO $58 650 Yes No
3 ~ 8 $0.00 TO $62 400 Yes No
32
34 Please indicate how many people in each of the following categories reside in the
35 household. Some members may need to be counted in more than one category.
3S American Indian/Alaskan Native Female Head of Household
39 Asian or Pacific Islander Handicapped
40 Black, Non-Hispanic Hispanic
4 ] Etdedy (60+) White, Non-Hispanic
42
43
44 The above information is required by the federal ~overnment solely to monitor compliance with
J. 5 equal opportunity employment laws and will not be used for other purposes. Should a job
46 applicant decline to disclose the above information, the employer is required to note race and sex
47 based on visual observation or surname.
4~
49
51 > I affirm that the information stated on this form is true and accurately reflects the composition and income
5 ] data of the household in which I reside.
52
54
55 JOB APPLICANT'S SIGNATURE DATE
5 ? G:', CDBG Economic Development Grant - Incubator Facility Irarook 1999\Letler - Pre-employment Verification Form.doc
( You may copy this form as needed )
AC_ A ,r
AUG 0 3 1999
6
] Attachment B
~ (G) PARTICIPATING PARTY'S PROPOSED NEW JOB CREATION INFORMATION
4 CDBG-E-10
~ SUPPORTING DOCUMENTATION THAT MUST
~ BE SUBMITTED WITH THE APPLICATION
S
-~ PARTICIPATING PARTY(S) PROPOSED NEW JOB CREATION INFORMATION
NAME OF PARTICIPATING PARTY Global Manufacturin~l Technology, Inc.
JOB TITLE OF HOURLY TOTAL FTE TOTAL FTE TOTAL TOTAL ANNUAL PROPOSED
CREATED JOB PAY RATE JOBS TO JOBS TO BE ANNUAL PAYROLL FOR HIRING DATE
OR ANNUAL BE CREATED PAYROLL JOBS TO BE MONTH/YEAR
I PAY RATES CREATED FOR LMI FOR THIS JOB CREATED FOR
~ PERSONS TITLE LMI PERSONS
Assemblyperson $ 21,000 5 5 $ 105,000 $ 105,000 5/01-9/01
!Receiving/Attendant $ 21,000 1 1 $ 21,000 $ 21,000 12/2000
Machinist $ 25,000 4 0 $ 100,000 6/01 -- 9/01
iCNCOperat°rs $ 20,000 4 4 $ 80,000 $ 80,000 05/01-09/0'~
} Customs Tech $ 25,000 1 0 $ 25,000 09/2001
{MaintenanceWorker $ 18,000 2 2 $ 32,000 $ 32,000 06/01-09/01
wet Process. Painters $ 24,000 2 0 $ 48,000 08/01-09101
Assembly Supervisor $ 30,000 1 0 $ 30,000 07/2001
I Bookkeeper $ 25,000 I 0 $ 25,000 09/2001
i General Manager $ 30,000 1 0 $ 30,000 10/2000
.
I
TOTALS ~ 22 12 $ 496,000 $ 238.000 ~
? AUG 0 3 1999
EXECUTIVE SUMMARY
APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND
PRIMESITE CONSULTING GROUP, INC.
OBJECTIVE: Approval of a Lease Agreement with PrimeSite for the construction and
operation of a monopole communications tower within the South Water Treatment Plant
site.
CONSIDERATIONS: Staff has negotiated a lease with PrimeSite for the use of 3,600
square feet of vacant County-owned property within the South Water Treatment Plant
site, for the installation and operation of a 200 foot monopole communications tower.
The tower will be equipped to handle three separate communication systems, which
PrimeSite will sublease to communication carriers.
The term of the lease is for 10 years with two options to renew for 5 years. The annual
rent is $36,120 due in full upon commencement of construction and on the anniversary
date of each ensuing year of the initial term. Every five years of the lease, the rent will
be increased by 20%. PrimeSite will provide the County with a one-time contribution of
$10,000 for improvements, at the County's discretion, to benefit the South Water
Treatment Plant. PrimeSite is also required to provide the County with a refundable
security deposit of $10,000, which will be interest bearing. Collier County will be
entitled to all interest accrued from deposits, upon the termination of the Lease.
The terms of the Lease Agreement and proposed use of subject property have been
advertised pursuant to Florida Statute 125.35. A copy of the advertisement and Affidavit
of Publication are filed with the Real Property Management Department for inspection.
FISCAL IMPACT: The annual rents will be deposited in the following accounts: 20 %
into fund 111-100210 (Franchise Administration) and 80 % into Fund 408-253211
(Utility Services). Also, a one-time contribution of $10,000 will be deposited into the
fund 408 -253211 (Utility Services). Any deposits, including interest-bearing deposits,
will be deposited into the MSTD General Fund (Franchise Administration).
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve the proposed Lease Agreement
with PrimeSite Consulting Group, Inc. and authorize the Chairwoman to execute same.
AC.-iF, IOA iTEM
AUG 0 3 1999
PREPARED BY: K- Date: ?- / q ' q q
c/James K. Fitzef,,Franchise Coordinator
· ' ' Regulation
REVIEWED BY: ~Ze Date: '7-/~ ° c~
D.E. "Bleu" Wallace, Director
/'~/,y)ility and Franchise Regulation
APPROVEDBY:~~~ ~ i)ate: ~/3,'.
Vincent A. Cautero, AICP, Administrator,
Community Development and Environmental Services Division
AGEhN)A I'~:-m~
AUG 0 3 1999
Pl-
GROUND LEASE AGREEMENT FOR
COMMUNICATIONS TOWER
Site:
THIS GROUND LEASE AGREEMENT ("Lease"), is entered into
effectively on the ~ day of , [~q~_, the ("Commencement Date"),
and bet~'ecn the v,~o (2) parties: Collier County ("OWNER") and Primesite Consulting
Group, lnc A Florida corporation (hereina~er "TENANT"). The parties agree as
foilova's:
1, The Property..: Owner's Property; The Leased Area; And Tenant's
Property,
A. OWNER owns a parcel of land that has the following address: GOLDEN
GATE WATER TREATMENT PLANT, Collier County, Florida, herein called
COWNER's Land"), which is shown on attached Exhibit At. TENANT is in the
communications business and desires to lease land and an access easement thereto,
referred to herein collectively as the LEASED AREA. OWNER's property is a parcel of
land that is larger in area than the LEASED AREA whereby the LEASED AREA is but a
part of OWNER's Land. All personal property brought onto the LEASED AREA by or
on behalf of TENANT is referred to herein as "TENANT's Property." Any personal
property brought onto the LEASED AREA by OWNER or on behalf of OWNER is
referred to herein as "OWNER's Property." Any property brought onto the LEASED
AREA by any third party is referred to herein as "Third Parts' Property."
B. OWNER hereby leases the LEASED AREA to TENANT. This Lease is
not a Franchise under any law, rule or regulation. The LEASED AREA comprises 3600
square feet of land: a 60 foot by 60 foot parcel, plus an access easement thereto; both of
which are as shown on the attached Exhibit A.
C. OWNER and TENANT ("the parties") hereby agree that the LEASED
AREA may be surveyed by a licensed surveyor at TENANT'S costs, which survey may
replace Exhibit A and become a part hereof and shall supersede the Exhibit A in the event
of any discrepancy between such survey and the general reference description of
Paragraph 1.B., above.
2. Access Easement. OWNER hereby grants to TENANT a non-exclusive
access easement (during the entire life of this lease) for free access to the LEASED
AREA seven (7) days a week, twenty-four (24) hours a day, 365 days a year. No above-
ground structures shall be constructed in that access easement without the expressed
written consent of TENANT. Refer to "Access Clarification Addendure," attached
hereto, regarding this paragraph.
3. Lease Term And Rent.
A. RENT PAYABLE IN MONEY. This lease has an initial term of ten (10)
years from its Commencement Date. The initial annual rent shall be THIRTY SIX
THOUSAND ONE HUNDRED TWENTY Dollars ($36,120.000), pro-rated at l/lith of
the total per month. One year's annual rent shall be paid annually in advance beginning
on the Commencement Date, and thereafter not later than each anniversary of the
Commencement Date. Rent shall be paid to OWNER (or as OWNER may otherwise
direct to TENANT from time-to-time in writing at least 30 days before the respective
next rent payment due date). Prior to and until the first day of the month following
commencement of delivery of any of TENANT'S property onto the LEASED AREA,
the Annual Rent shall be Twelve Hundred Dollars ($1200.00), twelve (12) months of
which shall be prepai'd in advance. Any unearned balance thereof shall be credited
against TENANT'S first payment of the initial annual rental. In the event that TENANT
has not delivered any of its Property to the LEASED AREA prior to the first anniversary
AUG 0 3 1999
Pg. ~
date of this lease, TENANT may either terminate this Agreement for whatever reason
upon written notice to Owner, without further obligation or liability to OWNER; or
TENANT ma', elect that this Agreement remain in full force and effect. If this
Agreement remains ~n effect, the $100.00 per month rent shall automatically increase to
the specified annual rental per year, payable in full for the second lease year not later than
the first anniversary date of this Lease. TENANT shall throughout this lease pay
OWNER a late payment charge equal to five percent (5%) of any monthly rental payment
not paid promptly when due. Any amounts not paid within thirty (30) days of its due date
shall ,~i,, accra~ ::',forest of tv,'o percent (2%) per month or at the highest interest rate then
allowed by law, whichever is the higher rate, which interest shall be paid by TENANT to
OV,'NER As addmortal one-time consideration for the execution of this Lease by
OWNER, TENANT will pay OWNER the sum of ten thousand dollars ($10,000.00) to be
used by OW%'ER to make improvements to OWNER'S LAND.
B C2tSH DEPOSITS BY TENA,VF. TENANT shall also at the time of the
payment of the first annual rent, deposit with OWNER a refundable rent security deposit
of two month's rent plus TEN thousand dollars ($10,000), which deposit may be used by
OX~q',IER m 'die e~ent TENANT breaches this Lease and any breach results in OWNER
incurring expenses that would have not been incurred but for TENANI'S breach,
including expenses for removal of any of TENANT'S property (including the tower)
from the LEASED AREA. If in time OWNER deems such deposit, with accrued
compounded interest accrued thereon, to be insufficient to insure the necessary funds to
be available to remove the tower and all other of TENANT'S property from the LEASED
AREA, TENANI shall increase that deposit as demanded in writing by OWNER, but not
to exceed fifteen thousand dollars ($15,000) unless OWNER has good cause to conclude
that such projected actual costs will exceed the then existing security deposit. OWNER
shall have all right and title to interest that accrues on all security deposits. If the parties
hereto should enter one or more other tower site leases at one (1) or more other sites, this
deposit may be applied by OWNER to any one, some, or all of said other sites.
C. LEASE EXTENSIONS. This lease shall have an initial term of ten (10)
years. Provided OWNER has not then delivered to TENANT notice that OWNER has
declared TENANT to be in default of this Lease, this Lease shall be automatically
extended tbr five (5) additional years the end of the initial term often (I0) years provided
that not more than three hundred and sixty' (360) days prior to the last day of the tenth
(10a') lease year and not less than one hundred and eighty days (180) prior to that date,
TENANT advises OWNER in writing of TENANT's intention NOT to extend the Lease.
Failure to supply such written notice shall operate as an extension of this Lease effective
on the last day of the tenth (10th) lease year. AFTER THE FIFTEENTH LEASE YEAR:
Provided OWNER has not then delivered to TENANT notice that OWNER has declared
TENANT to be in default of this Lease, this Lease may be extended for an additional five
(5) years at the end of the fifteenth (15th) lease year provided that not more than three
hundred and sixty (360) days prior to the last day of the fifteenth ( 15th) lease year and not
less than one hundred and eighty days (180) prior to that date, TENANT advises
OWNER in writing of TENANT's intention to extend the Lease and commence
negotiations in that regard. Unless at that time waived in writing by the Board of County
Commissioners, thilure to supply such written notice shall operate as a termination of this
Lease effective on the last day of the fifteenth (1 5th) lease year.
D. AUTOMMT1C RENT INCREASES. Commencing with the sixth (6th).
lease year, the annual rent for sixth lease year through the tenth lease year be the annual
rent for the fifth lease year multiplied by one hundred and twenty percent (120%}
Commencing with the first day of the eleventh (11h) lease year, the annual rent for
eleventh lease year through the fifteenth lease year shall be the rent for the tenth lease
year multiplied by one hundred and twenty percent (120%), which should be one hundred
and forty-four percent (144%) of the rent for the fifth lease year. If the Lease, by mutual
agreement, is extended beyond the fifteenth (15th) year, the existing annual rent for the
sixteenth (16th) lease year shall not be less than one hundred and seventy three (173%) of
the rent for the fifth lease year unless agreed otherwise. Sub.}ect to OWNER'S timely
receipt of such written notice of TENANT'S intention to extend the lease beyond the
A~D A ITEM
fifteenth (15th) lease year, O'~,~ER and TENANT will negotiate in good faith to come to
mutual agreement regarding terms and conditions of that extended lease term, which will
become applicable as of the first day of the sixteenth (16th) lease year. If OWNER
receives effective notice to extend the Lease but the parties can 'not mutually agree to
extend the lease on or before the last day of lhe fifteenth (15th) lease year, the lease shall
terminate on the last day of the fifteenth (15th) lease year unless th, e parties then agree to
continue the negotiations.
4. Use Of The Leased Area and Maximum Height of Structures.
A. TENANT shall use the LEASED AREA to construct, replace, maintain,
repair, and operate its communications facilities, consisting of one (1) monopole
communications to~ver that shall not exceed a height of TWO HUNDRED (200) feet
above ground level CAGL"), exclusive of any and all antennas that will be installed
thereon: antenna support structures and/or related operational facilities may be
constructed on or near the ground within the LEASED AREA. TENANT shall license
part of the tower and needed LEASED AREA to third parties, and use the leased area for
any other then lawful uses directly related thereto. No antenna or other thing installed on
the tower or at the LEASED AREA shall exceed a height of TWO HUNDRED (200) feet
AGL. Subject to other provisions regarding approvals and technical specifications
related thereto, any and all antenna arrays (including those of Third Parties) may from
time-to-time be modified, added to, or substituted from. Each structure may be
configured as requested by TENANT from time-to-time, provided TENANT, at its sole
expense. obtains all permits and/or other approvals required by all applicable
jurisdictions, including OWNER, for each configuration.
B. PLANS REVIEW BY OWNER.
i. OWNER shall have the right to review and approve all plans for any and all
improvements installed within the LEASED AREA, which approval shall not be
unreasonably withheld or unreasonably delayed. Prior to commencing any construction,
TENANT (and each Third Party) shall submit a copy of its plans and specifications for
all improvements to OWNER for review and/or approval. No improvement,
construction, installation or alteration shall be commenced until plans for such have been
approved by OWNER and any and all applicable permits have been issued to authorize
same Such plans shall include, if applicable to the improvement, fully dimensional site
plans that are drawn to scale and show: (i) the proposed location of the antennas and
equipment; (ii) any proposed changes to the landscape; (iii) the proposed type and height
and type of fencing; (iv) the proposed color of all structures, including fencing; and, (v)
the proposed Wpe of construction for all structures, including fencing, and any other
relevant details that OWNER may request in that instance.
ii. All improvements shall be constructed in a workmanlike manner and shall
be completed in compliance with all then applicable laws, rules, ordinances and
regulations. Improvements to or within the LEASED AREA (and within the easement
access area) shall be at no expense to OWNER. TENANT and all Licensees shall always
maintain all of their improvements in a reasonable and functional condition throughout
the life of this Lease to the reasonable satisfaction of OWNER.
iii. TENANT shall allow OWNER free access to OWNER'S personal property.
within the LEASED AREA at all reasonable times that OWNER desires such access. In
the unlikely event that OWNER may be required by law to install other personal property
within the LEASED AREA, OWNER reserves the right to do so free of charge provided
such property does not materially harm full use of the tower by TENANT and/or by any
third party licensee whether or not then actually present on the tower or the LEASED
AREA.
lIE,
iv. O~,.~ER has no knowledge of any potential requirement to install any such
property. wilhin the LEASED AREA. If the LEASED AREA is in a park, landscaping
and security fcncm~ :::c of particular concern to OWNER; And therefore TENANT shall
be required to instaU, repair, and maintain landscaping and security. fencing to the
reasonable satisfaction of OWNER,
A T LEAST THREE COMMU,%TCA TIONS SYSTEMS.
i, The tower and all other facilities shall be designed and constructed so as to
accommodate at least three (3) separate communications systems. TENANT shall have
the first right of refusal to use all pans of the tower that are above NINETY (90) feet and
below Two Hundred (200) feet above ground level CAGL").
ii TENANT hereby grants to OWNER the option (by license) to utilize, flee
from the payment of any rent or any other charges whatsoever, that thirty foot (30') wide
portion (band) of the tower between NINETY (90) feet AGL and THIRTY (30') feet
above that level. OWNER may advise TENANT at any time(s) of OWNER'S desire to
use such area, but OWrNER shall not be required to make its decision(s) regarding its use
of that area except in response to a bona fide offer from a Third Party to TENANT to
license that space. OWNER may take up to sixty (60) days from the receipt of
notification by tenant that an offer from a Third Party has been received, which notice
shall describe the offer in detail, to make its decision. If OWNER decides that it does not
desire to use space for its own needs or for the use and benefit of any other Users,
OWNER will not exercise its option to use that space and that decision shall thereby
immediately release that space to TENANT for licensing to that Third Part>.,. TIME IS
OF THE ESSENCE regarding OWNER making its decision and OWNER must notify
TENANT of its final decision at TENANT's earliest opportunity.
iii. These valuable assets are to be used and shall not be reserved for remotely
possible future uses. TENANT shall grant a non-assignable license to the remaining
area(s) on the tower, (and such ground space as is then required) to a Third Party or
~--. Panics on such lawful and reasonable terms and conditions as chosen by TENANT. If
space that is subject to Owner's option is licensed to a Third Party and that license comes
to an end because that third party licensee no longer desires to utilize that space and that
license is not assigned or otherwise transferred to any other responsible parts', that
c~rcumstance shall automatically reinstate OWNER's optran to elect to use that space,
which option OW'NER may then exercise or may wait until there is another offer from a
Third Part2,., to use that space. If OWNER decides to use that space, OWNER shall be
required to meet the terms of the offer from the Third Party, except the total amount of
rent and/or other payments that OWNER must pay to TENANT shall never exceed the
rent then payable to OWNER by TENANT.
iv. In the event OWNER desires to install equipment on the Tower, OWNER,
at OWNER's expense, shall submit to TENANT the following: (a) detailed site plans as
well as plans and specifications setting forth the proposed antenna and all other
equipment, as well as all construction, installation, and other work to be performed on the
Tower and LEASED AREA; and (b) a list of all frequencies then currently or then
anticipated to be licensed, assigned or otherwise granted to OWNER by the FCC.
v. If required by TENANT, OWNER shall aim submit a structural analysis of
the Tower addressing the installation of additional antenna and other equipment on the
Tower and demonstrating that the installation of such items will not exceed the wind
loading or other relevant capacities of the Tower. OWNER shall not install any
equipment or commence any x~'ork on the Tower or the LEASED AREA until TENANT
approves, in ~?iting, the OWNER's plans and specifications, frequencies, and structural
analysis, if any; such approval to be given in TENANT'S reasonable discretion.
A?..~E. INNS)A ITEM '
AUG 0 3 1999
vi. NON-LYTERRUPTIONAND NON-INTERFERENCE. No activity of
any user or any representative of any user shall interrupt or unreasonably interti~re with
any operation of an>, other users of the LEASED AREA.
D THIRD PARTY LICENSEES.
i. Each license (which includes each user of the tower) shall always be
sub.!ec~ to all terms and conditions of this Lease, and each license shall be subject to
review and approval of TENANT. OWNER has the right, but not any duty, to review
each pro~sed license. Use of the tower and site by OWNER and each Third Party shall
be subject to written approval by TENANT upon such reasonable terms and conditions as
may be required by TENANT. TENANT makes no representations to OWNER or to any
Third Parr,' that the LEASED AREA, the tower or/or any other thing will be suitable for
OWNER's needs or any needs of any Third Party, and TENANT has no obligation to
modify anything to suit OWNER's needs or needs of any Third Party. Each Licensee
shall be solely responsible for the cost of locating and placing its property on the tower
and on the LEASED AREA Each Licensee shall also be responsible for any liabilities
that may arise from that Licensee's use of any part of the LEASED AREA, including the
tower. TENANT shall promptly notify OWNER in writing of all license requests which
TENANT receives for use of the Tower or any other part of the LEASED AREA.
ii. Each Third Party, at that Third Party's expense, shall submit to TENANT
the following: (a) detailed site plans and with specifications setting forth the proposed
antennas and other equipment, the height and location of such antennas and other
equipment, and the construction, installation and other work to be performed on the
Tower and on the LEASED AREA; and (b) a list of all frequencies then currently or then
anticipated to be licensed, assigned or otherwise granted to the Third Party, by the FCC If
requested by TENANT, the licensee shall supply to TENANT a structural analysis of the
Tower addressing the installation of additional antennas and other equipment on the
Tower by the Third Party and demonstrating that the installation of such antennas and
equipment will not exceed the wind loading or any other relevant capacity of the Tower.
The Third Part3, shall not install any equipment or commence any work on the Tower or
the LEASED AREA until TENANT approves, in writing, the Third Par~"s plans and
specifications, frequencies, and structural analysis (if any), such approval to be given in
TENANT'S reasonable discretion.
iii. Each Third Party's use of the Tower and LEASED AREA shall be limited
to the antennas and other equipment and frequencies approved and expressly agreed upon
in advance by TENANT.
iv. Each Third Party's installation, use and occupancy of the Tower and
LEASED AREA shall be in continued compliance with all then applicable laws,
regulations and requirements of all federal, state, and local authorities, including the
FCC.
v. THIRD PARTY ASSUMPTION OF RISKS AND INSURANCE
REQUIREMENTS. Each Third Party shall assume all risks in connection with the
installation, operation, maintenance, repair, replacement and removal of its antennas and
all other property located on the LEASED AREA, including the Tower. Each Third
Parts' shall maintain commercial general liability insurance insuring against liabili~' for
personal injury, death or damage to personal propert>' arising out of use of the Tower and
the LEASED AREA by the Third Party. Such insurance shall provide coverage (in an
amount of not less than one million dollars ($1,000,000.00) for bodily injury or death to
any one (1) or more persons and in an amount not less than one million dollars
($1,000,000.00) for property damage and shall include a contractual liability endorsement
naming TENANT as an additional insured on such policies. All insurance policies shall
be written with insurance companies qualified to do business in State of Florida and shall
always provide for (require) thirty (30) days written notice to TENANT prior to
cancellation. Certificates of such policies shall be delivered to TENANT prior to the
installation of the Third Party's equipment. Further, each Third Part>, shall reimburse
A~A II
AUO 0 3 1999
TENANT for any damage to the Tower and TENANT'S equipment, and shall be required
to indemnify and hold TENANT harmless from any and all liability, claims, demands,
actions, losses, damages. orders, judgments and any and all costs and expenses including,
w-ithout limitation, reasonable attorneys fees and costs, arising ti'om or incurred in
.,-_ connection v,!ith claims for injury to persons or property caused by the act or omission of
such Third Part~..' or its respective agents, contractors or employees including, without
limitation, the use of the Tower, the LEASED AREA, and third party's equipment, and
the breach of any contractual obligation to OWNER and/or TENANT.
vi. Subject to provisions to the contrary' in the specific licensing agreement, the
Third Part3"s license is assignable or otherwise transferable to a responsible party that
assumes of the Third Party's duties and obligations.
vii. TENANT and OWNER shall have the right to have a representative present
during the installation of each Third Party's antennas and other equipment.
viii. Each Third Party's installation of antennas and other equipment on the
Tower and the LEASED AREA shall be performed on dates and at times and within time
frames approved by TENANT in writing and shall not interrupt or interfere with the
operation of TENANT'S communications system or TENANT'S equipment unless
TENANT agrees in writing to such interruption or interference.
E. MAINTENANCE, REPAIR AND REPLACEMENT OF PROPERTY.
i. TENANT must maintain, repair and replace the Tower, and all of its
equipment and all of its property to the highest quality construction, repair and
maintenance standards during the entire life of this Lease.
ii. To protect the integrity of the Tower, all maintenance, repair and/or
replacement performed on OWNER's Property shall always be done in a workmanlike
manner consistent with TENANT'S high quality construction standards.
ii. To protect the integrity of the Tower, each Third Party agrees herein (and
must in its license agreement agree) that all maintenance, repair and/or replacement
performed by it or on its behalf shall always be done in a workmanlike manner consistent
with TENANT'S high quality construction standards.
iv. PLAN REVIEW BY TENANT. Subject to the exceptions noted in the
paragraph (v.) below, prior to the commencement of any other than ordinary
maintenance, repair or replacement work on OWNER's Property, OWNER shall submit
to TENANT for approval plans and specifications of the maintenance, repair and
replacement work to be performed. TENANT Shall have the option to comment upon
such plans, specifications and contractor prior to the commencement of any maintenance,
repair or replacement work, all at the Property Owners' expense.
v. ORDI.~RY MAINTENANCE, REPAIR AND REPLACEA4'ENT.
Notwithstanding any other provision in this Lease, each user of the tower may conduct its
maintenance, repair and/or replacement provided same consists of only ordinary
maintenance, replacement or switching of component parts and does not increase the
height of the tower, cause any antenna or other thing to exceed the maximum height
allowed for that antenna or other thing or add to the tower so as to increase the maximum
total wind loading then being allocated to that user, or otherwise constitute any material
change to any site plan, building plan, or other permitted use. All such activities that do
not then require a building permit or any other formal authorization from any other
County Department shall be approved by letter of summary authorization from the
Franchise Administration Department or by the County Administrator or his/her
designee. Such (minor) changes by any user of the tower shall not require any formal
amendment or addendure to this Lease or require any approval by OWNER, TENANT,
any Third Party, or from Board of County Commissioners. The person who grants such
AC~IDA ITEM
AUG 0 3 1999
Pe,. e
summary approval shall concurrently deliver a copy each such letter of approval to all
other occupants (users) of the LEASED AREA for informational purposes only.
vi. NOTICE TO TENANT OF NEED TO HAI/E PHFSICAL ACCESS TO THE
TOIVER OR LE.~S~D AREA. Whenever possible, OWNER shall provide TENANT with
at least forty-eight (48) hours notice prior to any maintenance, repair, replacement work
or any other activiW that will require access to the Tower or to the LEASED AREA. If
an emergency exi~ (or there is a REASONABLE immediate need to exercise police
power) in which case notice shall be provided to TENANT not later than twenty-four
(24) hours after access to the Tower or the LEASED AREA has occurred. TENANT
shall have the right to have a representative present during any non-emergency
maintenance, repair or replacement by OWNER (or Third Party Licensee) that will
require access to the Tower and/or to the LEASED AREA.
F. INTERFERENCE. Each user of the tower must be able to conduct its
business thereon without electrical interference from any other user of the tower.
TENANT agrees to install communications equipment of a Wpe and frequency which
will not cause interference with OWNER's equipment at the LEASED AREA. In the
event TENANT'S equipment causes interference with OWNER's equipment at the
LEASED AREA, TENANT will take all steps necessary to correct and eliminate such
interference at TENANT'S sole cost and expense. OWNER agrees not to allow any
future use of OWNER's equipment or addition and/or modification to any current use of
the Tower or OWNER's property that causes interference with or the improper operation
of the Tower, TENANT'S equipment, or any of TENANT'S communications signals or
any system. If any addition or modification to the OWNER's equipment causes
interference with TENANT'S equipment or communications signal and/or system,
OWNER, upon notification of such interference, agrees to promptly remedy such
interference at OWNER*'s expense until such interference is corrected to TENANT'S
reasonable satisfaction. In the event OWNER and TENANT cannot resolve such
interference problems, OWNER and TENANT agree to resolve any interference disputes
by arbitration which shall be performed in accordance with the Rules of the American
Arbitration Association. The arbitration decision/award shall be binding upon OWNER
and upon TENANT and may be entered in any Court having jurisdiction thereof.
OWNER and TENANT agree that the costs associated with any arbitration shall be borne
by TENANT if TENANT is the cause of the interference or by OV~NER if OWNER is
the cause of the interference.
G. BARE LICENSE TO PARK I/~HICLES. If there is insufficient space to
park same within the LEASED AREA, OWNER hereby grants to TENANT and each
future Third Party licensee, subject to availability of space for same, a bare license with
no interest coupled thereto to park their respective motor vehicles on OWNER's Property
for short periods of time while the vehicle owner/entiW is constructing, removing,
replacing and/or servicing its antenna(s) and/or its communications facilities on the tower
or otherwise within the LEASED AREA.
OWNERSHIP OF TOWER AND OTHER PROPERTY.
i. During The Life Of This Lease: The Tower shall remain the property of
TENANT during the entire life of this Lease. Any other property brought onto the
LEASED AREA by or on behalf of TENANT shall remain the property of TENANT
during the life of this Lease and after termination of this lease. All property brought upon
the LEASED AREA by OWNER shall remain the propert), of OWNER. All property
brought upon the LEASED AREA by any Third Part~' shall remain the property of that
Third Party during the life of this Lease and after expiration or termination of this Lease
except as may be specified otherwise in the respective controlling license agreement for
the subject property of that Third Party licensee.
7
AUG 0 3 1999
ii. At Expiration or Termin~,tion of Lease: Upon expiration or termination of
this Agreement, TENANT shall, at no cost to OWNER, remove the tower and all of its
other property. from the LEASED AREA unless OWNER directs that TENANT not
remoxe same. If the ~erminat~on or expiration of this Lease occurs before an extension
into the eleventh lease year (See Section 3 (C)), and if OWNER desires to acquire
ownership of 'J'.e to~ver. Owner must pay to TENANT the then depreciated book value of
the Tower minus any off-setting claims that O~'NER then has against TENANT. If this
lease expires or is terminated after the Lease is extended into the eleventh lease year (per
Section 3 (C)), OW"NER may elect to direct to TENANT that TENANT shall not remove
the tower from the LEASED AREA, whereby the Tower shall thereby automatically, at
no cost to OWNER, become the sole property of OWNER and TENANT, upon removal
of all of its other properis' from the LEASED AREA, shall then have no further duty or
responsibilities with regard to the tower.
iii. Third Party Licensees: Each license from TENANT to each third party
shall specifically require that at the end of this Lease each Third Party shall immediately
remove all of its property from the LEASED AREA unless this requirement is then
waived in writing by OWNER. All property removed by TENANT or Third Party shall
be removed by or on behalf of its then owner without delay and at no cost to OWNER.
Removal of all property by or on behalf of TENANT and each Third Party shall be done
in a workmanlike manner and the LEASED AREA shall be restored by TENANT, at no
cost to OWNER, to its original condition, only normal wear and tear excepted. OWNER
may, however, then grant to each respective Third Parts' a license from OWNER to
remain on the Tower and/or the LEASED AREA, in which event the property of the
Third Part>, may remain on the tower and/or LEASED AREA in accord with such
license.
iv. Bill of Sale: In the event that OWNER desires to acquire ownership of the
tower, for record keeping purposes and County property inventory control purposes,
TENANT will, at no cost to OWNER, convey to OWNER a Bill of Sale for the Tower.
Absent a controlling law to the contrary, failure to convey the Bill of Sale shall not,
however, affect the total automatic transfer of title to the Tower to OWNER.
5. Termination Of This Lease By TENANT
A. During First Lease Year, If any of the following events (paragraphs i
through iv) occur, TENANT has the fight to immediately terminate this Lease by
delivering to OWNER written notice of such termination before three hundred and sixty-
five (365) days of the Commencement Date of this lease.
i. TENANT determines, in its sole discretion, that it will be unable to obtain
all necessary Governmental Approvals for TENANT'S intended uses of and
improvements to the LEASED AREA as desired by TENANT; or
ii. TENANT'S application for any Governmental Approvals necessary for
TENANT'S use of the LEASED AREA and/or TENANT's Property and improvements
desired by TENANT is denied or becomes commercially impracticable; or
iii. Any Governmental Approvals necessary for TENANT'S use of the
LEASED AREA and/or improvements to the LEASED AREA, whether now or hereafter
desired by TENANT, have been canoeled, have expired, have lapsed or have otherwise
been withdra~, terminated or denied so that TENANT, in its reasonable judgment,
determines that it will no longer be able to use the LEASED AREA for TENANT'S
intended uses; or
iv. The Federal Communications Commission CFCC") allocates the
frequencies at which TENANT may operate the subject antennas and related equipment
and may from time to time change such frequencies. Any change of this nature that, in
TENANT'S reasonable judgment, renders its operation of a wireless communications
facility at the LEASED AREA obsolete; or
A~A ITEM
AUG 0 3 1999
v. If TENANT determines that the LEASED AREA has become unsuitable
for TENANT'S operations due to changes in system design or network design or m the
types of equipment used in such operations, or TENANT'S operations at the Property
become unprofitable.
vi. Any timely termination notice delivered to O\VNER by TENANT shall
cause this Lease to expire with the same force and effect as though the date set forth in
such notice were the date originally set as the expiration date of this Lease and the parties
shall make an appropriate adjustment, as of such termination date, with respect to
payments due to the OWNER under this Lease.
vii. OWNER shall have at its sole discretion the option of terminating this
LEASE if TENANT conclusively and finally loses its license(s) from the FCC to provide
TENANT/cellular services for any reason, including, and not limited to, non-renewal,
cancellation, or expiration of same. If the loss of the license(s) is not due to any fault of
TENANT, and OWNER desires to own the tower and/or other facilities, OWNER shall
pay to TENANT the then depreciated book value of the tower (and any other facilities
that may be conveyed by agreement between TENANT and to OWNER). If the loss of
license(s) is due to the fault of TENANT, including non-feasance, such loss of license(s)
shall, at OWNER's election, forfeit the tower to OWNER. OWNER may also terminate
this' Lease if TENANT does not in good faith make and continue to pursue all reasonable
efforts to obtain all required permits and construct the planned tower and all of its
necessary related facilities.
B. Subsequent to First Lease Year. Subject to the following paragraphs (i
through iii), TENANT has the right to immediately terminate this Lease by giving written
notice to OWNER of such termination anytime subsequent to three hundred and sixty-
five (365) days of the Lease's Commencement Date.
i. TENANT deeds the Tower to OWNER free and clear unless OWNER
instructs TENANT to remove the tower, in which event TENANT shall have the tower
removed and have the LEASED AREA restored to its original condition, all at no cost to
OWNER.
ii. OWNER shall retain all prepaid rent for the then applicable lease year and
TENANT shall pay to OWNER the applicable twelve month's rent for the entire
following lease year ( 12 months).
iii. This option to terminate does not in anyway bar, prevent or impede
TENANT from selling the tower to a responsible third party, which entity must become
an assignee of this Lease prior to any effective sale of the tower and/or other property of
TENANT.
6. Assignment And Subletting,
A. TENANT shall not assign, transfer or otherwise convey this Lease, in
whole or in part, by operation of law or otherwise, nor mortgage or pledge this Lease or
any of TENANT's property or any part thereof, nor sublet or license any part of (space
upon) the tower or other of TENANT'S Property without the prior written consent of
OWNER, which consent shall not be unreasonably withheld or unreasonably delayed.
Each entity that becomes a successor in interest (by whatever means) of TENANT rights
under this Lease must be a responsible entity that will enable all users of this tower and
LEASED AREA to continue to conduct their activities on the tower and LEASED AREA
without undue inconvenience and without additional expense. Any assignment or other
transfer whatsoever not expressly authorized by OWNER in writing shall be void ab
init~o.
9
AC, F_uD^ rrs,
AUG 0 3 1999
B. Except to the extent, if any, that is concurrently agreed to in writing by
OWNER (a partial or complete novalion), no consent by OWNER to any assignment,
lease, sublease or any other transfer by TENANT shall relieve TENANT of any
obligation to be performed by TENANT under this Lease, whether arising before or after
the assignment, sublease or other transfer. The consent by OVCNER to any assignment,
sublease, or other transfer, shall not relieve TENANT from the obligation to obtain
OV,'.'NER's express written consent to any other or subsequent assignment(s), sublease(s)
or any other transfer(s). TENANT will in fact license space on the tower for installation
of antennas by Third Parties and TENANT will concurrently license space on the ground
to each of those Third Parties for location of their equipment as needed and as related to
their antennas installed or to be installed on the tower.
C Any sale or other transfer, including by consolidation, merger or
reorgamzation, by sale or transfer of a majority of the then outstanding voting stock of
TENANT (if TENANT is then a corporation) or any sale or other transfer of a majority
interest (whether of profits, losses, capital, or voting power) or of a majority of the
persons that then comprise the managers of the partnership (if TENANT is than a
partnership), shall not be considered to be an assignment for purposes of this Section 6.
D Subject to all conditions regarding assignments, nothing herein prevents
TENANT from assigning this lease during the first lease year.
7. Utilities TENANT shall be responsible directly to all serving entities for all
utility services used at the LEASED AREA. OWNER agrees to cooperate with
TENANT in its efforts to obtain utilities from any location provided by the OWNER or
by any other servicing utility.
8. Indemnification, Insurance, Assumption Of Risk.
A. Subject to Paragraph 8.E., TENANT hereby agrees to indemnify and hold
OWNER harmless from and against any and all claims of liability for personal injury or
property damage to the extent that they result from or arise out of: (i) the acts or
omissions of TENANT, its agents and employees in, on or about the LEASED AREA
and/or the easement access area, excepting however, such claims or damages as may be
due to or caused solely by the acts or omissions of OWNER, its employees or agents;
ancYor (ii) TENANT' S breach of any term or condition of this Lease on TENANT'S pan
to be observed or performed.
B. To the extent then allowed by law, and subject to Paragraph 8.E., OWNER
hereby agrees to indemnify and hold TENANT harmless from and against any and all
claims of liability for personal injury or property damage to the extent that they result
from or arise directly out of: (i) the acts or omissions of OWNER, its agents and
employees in, on or about the LEASED AREA and/or access easement area, excepting
however, such claims or damages as may be due to or caused solely by the acts of
TENANT, its employees or agents; and/or (ii) OWNER's breach of any term or condition
of this Lease on OWNER's pan to be observed or performed.
C. TENANT shall provide OWNER with a certificate of insurance, issued by
an insurance company licensed to do business in the State of Florida proving that
IENANT then carries comprehensive general liability insurance with limits of liability
thereunder of not less that One Million Dollars ($1,000,000.00) combined single limit for
bodily injury. and/or property damage together with an endorsement for contractual
liability'. Such insurance shall name OWNER as an additional insured with respect to the
LEASED AREA and with respect to TENANT'S Property, TENANT will provide
OWNER with a renewal certificate within ten (10) business days of OWNER's request
for such certificate. Any insurance required to be provided by TENANT under this
Paragraph 8 may be provided by blanket insurance policy covering the LEASED AREA
and TENANT'S Property and other locations of TENANT, provided such blanket
...., insurance policy complies with all of the other requirements of this Lease with respect to
10
AGF..INI)A ITEM
No,
AU6 0 3 1999
PJ.
the type and amount of insurance required. TENANT may also fulfill its requirements
under this Section 8 through a program of self-insurance. If TENANT elects to self-
insure, then TENANT shall furnish OWNER with a letter stating that said self-insurance
program then in effect provides for coverage equal to or greater than that required of
TENANT herein by private insurance. OWNER cannot be certain that the specific
insurance reqmrements specified in this Lease will be adequate with the passage of time;
therefore, OWNER reserves the right to reasonably amend the insurance requirements by
issuance of Notice in writing to TENANT, whereupon receipt of that Notice TENANT
shall have six~' (60) days in which to obtain the required additional insurance, unless, for
good cause, O~q'qER requires that such insurance be acquired in less than sixty (60)
days
D. O~.-~ER shall provide TENANT with a certificate of insurance, issued by
an insurance company licensed to do business in Florida indicating that OWNER carries
comprehensive general liability insurance with limits of liability thereunder of not less
than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and/or
property damage, together with an endorsement for contractual liability. OWNER will
provide TENANT with a renewal certificate within ten (10) business days of TENANT'S
request for such certificate.
E. Each such policy described in either paragraph (C) or (D), above, shall be
written so as to provide that the insurance company waives all rights of recovery by way
of subrogation it may have against OWNER or TENANT in connection with any loss
and/or damage covered by such policy. The OWNER and TENANT agree and hereby
release each other with respect to any claim (including a claim for negligence) which the
other party may have against such party for loss, damage or destruction of, or liability for
damages to, the LEASED AREA and/or TENANT's propert>' occurring during the term
of this Lease, as same may be extended, and normally covered under a fire insurance
policy with extended coverage. Notwithstanding anything contained in this Lease to the
contrary, the provisions of this Paragraph 8.E shall control.
F. ASSUMPTION OF RISK BY TENANT. TENANT accepts the LEASED
AREA "as is." TENANT, for its officers, agents, affiliates, contractors, materialmen,
suppliers, laborers, and employees (collectively "TENANT" for the purposes of this
Section 8) hereby undertakes and assumes all risk of dangerous conditions, if any, on the
LEASED AREA and on the access easement area, and hereby agrees to indemnify and
hold harmless OWNER and all Users against and from any claim asserted or liability
imposed upon OWNER or any User for personal injury or property damage to any person
(other than from OWNER's gross negligence) arising out of the TENANT'S installation,
operation, maintenance, repair, and/or condition or use of the LEASED AREA and/or the
access easement area, or TENANT'S failure to comply with any federal, state or local
law, ordinance, rule or regulation.
9. TENANT Dehuits.
A. The occurrence of any one or more of the following events shall constitute
an "Event of Default" of this Lease by TENANT:
i. The failure by TENANT to make any payment of rent as and when due.
Each rent payment shall be mailed to OWNER via certified mail, retum receipt
requested, or by any other method where TENANT is notified in writing by the carrier
that delivery of the rent to the OWNER has actually occurred. OWNER shall have no
duty or responsibility to notify TENANT of any late payment or of the fact that the
payment was less than the full amount then due to OWNER except as prerequisite to
declaring TENANT to be in default of this Lease, in which case OWNER shall give
TENANT at least ten (10) days notice of intent to declare a default for failure to pay that
rent payment on time.
11
AGENDA ITEh.
0 3 1999
;g.
ii. The failure by TENANT to observe or perform any of the covenants or
provisions of this Lease to be observed or performed by TENANT, other than as specified
in Paragraph 9.A. (1), above, where such failure shall continue for a period of thirty (30)
days after ~ritten notice thereof is received by TENANT from OWNER; provided,
however, that it shall not be deemed an Event of Default by TENANT if TENANT shall
commence to cure such failure within said thirty (30) day period and thereafter diligently
prosecutes such cure to its full completion.
iii If TENANT abandons or vacates the Property, of if any Trustee does not
uncondmonally assume this lease pursuant to applicable bankruptcy or other laws.
iv. To the extent allowed by law, if TENANT is acljudicated a bankrupt or
makes any assignment for the benefit of creditors, or if TENANT becomes insolvent, or
OWNER otherwise reasonably believes itself to be insecure. If TENANT becomes
insolvent or OWNER reasonably believes itself to be insecure, the TENANT or Trustee
must provide LESSOR with adequate assurances of future performance before this lease
can be assigned in ban 'kruptcy or for the benefit of creditors. Any such assignment shall
require the assignee to provide LESSOR with a security deposit of one year's rent at the
then existing rental rate. The assignee must be able to immediately continue operation of
TENANT's facilities at the tower site and not unduly inconvenience any then existing
operation at the tower or LEASED AREA. TENANT shall remove its personal property
only to the extent that such removal does not result in any shutdown of any of the other
communications operations on the tower or the LEASED AREA.
B If there occurs an Event of Default by TENANT, in addition to any other
remedies available to OWNER at law or in equity, OWNER may elect to terminate this
Lease and all rights of TENANT hereunder.
C. If there occurs an Event of Default by TENANT, OWNER shall no__!t have
the right, prior to the termination of this Lease by a court of competent jurisdiction, to
enter upon any of TENANT's Property and/or remove persons or property from
TENANT's Property, except as needed to accomplish emergency repairs or emergency
exercise of police powers.
D. In the event of a material default of this Lease by TENANT, OWNER shall
have the right, at its option, in addition to and not exclusive of any other remedy
OWNER may have by this Lease or by operation of law, without any further demand or
notice, to either (a) declare this Lease at an end. If ordered by OWNER, TENANT shall
immediately remove the tower and its property as specified by OWNER, and TENANT
shall then pay to OWNER a sum of money equal to the total of (i) the amount of unpaid
rent, if any, then accrued through the date of termination; (ii) the amount by which the
unpaid rent reserved for the balance of the term; and (iii) any other amount necessary to
compensate OWNER for all detriment proximately caused by TENANT'S failure to
perform its obligations under the Lease; or (b) without terminating this Lease, OWNER
may relet the tower, for the account of TENANT upon such terms and conditions as
OWNER may' deem advisable, and any moneys received from such relettin8 shall be
applied first to the expenses of such reletting and collection, including reasonable
attorneys' fees, real estate commissions paid, if any, and thereafter be applied toward
payment of all sums due or to become due to OWNER hereunder, and if a sufficient sum
shall not be thus realized to pay such sums and other charges, TENANT shall pay
OWNER, monthly, any deficiency, notwithstanding that OWNER will have received
rental payments in excess of the rental to OWNER stipulated in this Lease in previous or
subsequent months, and OWNER may elect to bring an action therefor as such monthly
deficiency shall arise.
AGENDA ITEM
,:j3 O 3 1999
E, No re-entry and taking of possession of TENANT's Property by OWNER
shall be construed as an election on OWNER's part to terminate this Lease, regardless of
the extent of renovations and alterations by OWNER, unless a written notice of such
specific intention is given to TENANT by OWNER. Notwithstanding any reletting
without termination, OWNER may at any time thereafter elect to terminate this Lease for
any such previous breach.
10. Notices
All notices hereunder must be in writing and, unless otherwise provided herein,
shall t. le .ed validly given if sent by certified mail, return receipt requested, addressed
as follows (or to any other mailing address which the party to be notified may designate
to the other part).I by such notice) or by overnight courier service. Should OWNER or
TENANT have a change of address, the other party shall immediately be notified as
provided in this Paragraph of such change. Unless OX~.'NER otherwise specifies in
writing, rent checks from TENANT shall be sent to the person listed below to whom
notices are sent.
TENANT:
AIm.: Charles Bernardo
Telephone Number: (813) 985-9365
With a copy to: PrimeSite Consulting Group
Address: 10914 N. 56th St., Tampa, FL 33617
Attention: Charles Bernardo
Telephone No.: (813) 985-9365
OWNER: Collier County
Attention: Franchise Administration Coordinator
Address: Utility and Franchise Regulation
3050 North Horseshoe Drive, #210
Naples, FL 34104
Telephone No.: (941 ) 403-2302
With a concurrent copy each to: (1) Office of the Collier County Attorney and (2) Collier
County's Real Property Management Department.
11, Sale Or Transfer Of The Leased Area By Owner.
OWNER has no plans to sell or otherwise convey away any part of or any interest
in any part of the LEASED AREA to TENANT or any other person or entity. Should
OWNER, at any time during the life of this Lease, sell, lease, transfer or otherwise
convey all or any part of the LEASED AREA, to any transferee other than TENANT,
then such transfer shall be under and, during the entire term of this Lease, shall be subject
to this Lease and all of TENANT'S rights hereunder and rights of all Third Parties.
12. Hazardous Substances.
A. OWNER has no knowledge that either OWNER or any other person or
entity has used, generated, stored or disposed of, or permitted the use, generation, storage
or disposal of any Hazardous Material (as defined in Paragraph 12.B, below) on, under,
about or within any part of OWNER's Property in violation of any law or regulation.
OWNER and TENANT each agree that they wilt not use, generate, store or dispose of
any Hazardous Material (as defined in Paragraph 12.B, below) on, under, about or within
OWNER's Property in violation of any applicable law or regulation.
13
AGEI',,IDA ITEI~
AU6 0 3 1999
,..
B. OWNER and TENANT each agree to defend and indemnify the other and
the other's parmers, affiliates, agents and employees against any and all losses, liabilities,
claims and/or costs (including reasonable attomeys' fees and costs) arising from any
breach of any warranty or agreement contained in Paragraph 12A. As used in Paragraph
12.A, "Hazardous Material" shall mean any substance, chemical or waste identified as
hazardous, toxic or dangerous in any applicable federal, state or local law or regulation
(including petroleum and asbestos).
13. Condemnation.
A. Fl'hole Condemnation. Because OWNER is a governmental entity and few
condemnors have authority to condemn the LEASED AREA, it is unlikely that the
LEASED AREA will ever be condemned. If the LEASED AREA, including without
limitation any of TENANT's Property, shall be taken or condemned, either temporarily
or permanently, for public purposes, or sold to a condemning authority under threat of
condemnation to prevent taking, then this lease shall automatically terminate as of the
date of the taking, condemnation, or sale.
B. Partial Condemnation. If any portion of the LEASED AREA shall be
taken or condemned, either temporarily or permanently, for public purposes, or sold to a
convening authority under threat of such condemnation to prevent taking, then OWNER
a~ees that TENANT may use and/or construct upon an alternative portion of OWNER's
Property that is suitable for TENANT'S purposes, provided such suitable space is
available. The exact site to which TENANT may relocate will be determined by
OWNER, and it may be any portion of OWNER's Property (or other property owned or
controlled by OWNER), provided TENANT approves the new site as being suitable for
TENANT'S intended uses. OWNER will designate a site to which TENANT may
relocate prior to the taking, condemnation or sale. In the event no alternative portion of
the OWNER's Property is suitable for TENANT'S purposes, then this Lease shall
forthwith automatically terminate as of the date of the taking, condemnation or sale.
C. Condemnation Award. OWNER shall receive the entire condemnation
award for the land and all other improvements as were paid for by OWNER. TENANT
hereby expressly assigns to OWNER any and all right, title and interests of TENANT
now or hereafter arising in and to any such award. TENANT shall have the right to
recover from the condemnor, but not from OWNER, any compensation as may be
awarded to TENANT on account of the taking of its leasehold interest, moving and
relocation expenses, and depreciation to and removal of personal property and fixtures of
TENANT from the LEASED AREA.
14. Liens. TENANT shall keep TENANT's Property free from any liens arising out of
any work performed, materials furnished, or obligations incurred by or on behalf of
TENANT. TENANT shall, within twenty (20) days following the imposition of any such
lien, cause the same to be released of record either by payment thereof or by posting of a
proper bond in accordance with Section 713.24, Florida Statutes. No work which
OWNER performs or has performed within the LEASED AREA shall be deemed to be
for the use and benefit of OWNER so that no mechanics or other lien shall be allowed
against the estate of OWNER by reason of OWNER's consent to any such work.
OWNER may, at its election, post notices in the LEASED AREA advising that OWNER
it is not responsible for payment for any such work.
15. Fire And Other Casualty Damage To Facilities. If the tower and/or
related facilities is/are totally or substantially destroyed by an act or occurrence beyond
the control of TENANT, TENANT may terminate this Lease effective on the date of such
occurrence, or TENANT may elect to rebuild the tower or construct a similar tower, If
TENANT elects to terminate this Lease under this provision, any unearned rent for the
remainder of that lease year shall be refunded by OWNER to TENANT provided
TENANT has not otherwise breached this Lease to the monetary detriment of OWNER
or to any User. If TENANT elects to rebuild the tower (or construct a new tower) the
14
AGF. NDA ITEM
AUG O 3 1999
annual rental shall be reduced to $100.00 per month for only the ninety (90) days
following the dam~e date occurrence, at which time the prior existing annual rent shall
automatically recommence.
16. Taxes.
A This is a net-net Lease as to OWNER. TENANT shall be liable for and
shall pay to the applicable taxing authority if billed directly to TENANT, or to O~I, rNER
if billed to OWENER, upon thirty. (30) days prior written notice from OWNER, any and all
taxes and assessments levied against any personal property or trade or other fixtures
placed by TENANT in or about the LEASED AREA.
B. OW'NER's Property is not now subject to any real property taxes.
Nevertheless, TENANT shall pay (as additional rent) real property taxes, if any, that may
be levied against the LEASED AREA and/or against OWNER's Property. as a result of
this Lease and/or any improvements constructed on the LEASED AREA by TENANT
and/or any licensees other than OWNER. TENANT shall not be responsible for any
increases in real propert}' taxes which are a result of tax assessment of OWNER's
Propen).' due to improvements made by Owner or any third parties acting under Owner.
C. If hereafter laws of taxation are altered so that if any new tax, any payment
"in lieu of" or "as a substitute for" all or any portion of any taxes and/or special
assessments are imposed on any of the tangible and/or intangible property, such
obligations shall be assumed and be paid by TENANT except any such payments directly
attributable to communications equipment installed on the site by OWNER or through
OWNER. This assumption shall not preclude TENANT from contesting any and all such
obligations.
17. Quiet Enjoyment And Non-Interference.
A. OWNER warrants and that OWNER is seized of good and sufficient title to
and interest in the LEASED AREA and has adequate authority to enter into and execute
this Lease to TENANT and that OWNER knows of no liens, judgments or impediments
of title on the LEASED AREA Property that would affect this Lease. OWNER warrants
and agrees that TENANT, upon paying the rent and performing all covenants herein
provided, shall peaceably and quietly have and enjoy the LEASED AREA. It is the
separate opinion of the County Attorney and of TENANT'S attorneys that the planned
uses of the LEASED AREA, as expressed in this Lease, are allowed and permitted uses
of the LEASED AREA and are not in violation of any Zoning Ordinance or other Land
Use Ordinance that applies to the LEASED AREA.
B. OWNER hereby grants to TENANT, as a primary inducement to
TENANT'S entering into this Lease, the first priority right to install its antennas and
operate its wireless communications facility on the LEASED AREA. From time to time
OWNER may grant to other entities a lease or license to install communications towers
and/or operate wireless communications facilities on OWNER's Property and/or the right
to install antennas in connection with the operation of such facilities or other
communications facilities; provided, however, that OWNER shall not allow the operation
of any such facilities and antennas by others which interfere with the operation of any
antennas and/or equipment in the LEASED AREA as it exists at the time of such other
occupant's installation or as it may be modified at any time during the term of this Lease,
and as the same may be extended. If any such interference occurs, OWNER agrees to
cause the elimination of such interference with operations at the LEASED AREA within
a reasonable time after receipt of TENANT'S notice of such interference and, if
necessary, to cause the interfering party to modify or cease its operations. If such
interference continues for more than thirty (30) days after TENANT'S notice to OWNER
with respect to such interference, OWNER shall require the party causing the interference
to modify its use of or cease using such equipment which is causing that interference.
is
AGENDA ITt:Ji¢
AUG 0 3 1999
C. TENANT covenants and agrees that TENANT' S equipment, installation,
operation and maintenance at the LEASED AREA and same by any third party licensee
will not interfere with the operation of the OWNER's 800 MHz system or OWNER's
other transmitted or received radio signals. In the event there ~s any such interference,
TENANT will promptly take all steps necessary to correct and eliminate same within a
""-easonable period of time If TENANT is unable to eliminate such interference caused
:' any such equipment, ~nstallation, operation and/or maintenance at the LEASED
AREA, TENANT agrees to remove the offending antennas from the LEASED AREA
and. if the intc-rference cannot be corrected to the satisfaction of OVv~ER, this Lease
shall terminate at the election of OWNER
18. Estoppel Certificates and Subordinations.
A. OWNER, at the request of TENANT, shall provide TENANT with a
certificate stating: (1) whether OV~'NER has any claim against TENANT for rent or
otheRvise and if so, staung the nature of each such claim; (2) that OXVNER recognizes
TENANT'S right to TENANT'S antennas, equipment and other property at the LEASED
AREA; (3) that TENANT then has the right to remove TENANT'S equipment and other
propert3..' from the LEASED AREA provided such removal will allow the remaining users
of the tower to make its use of the tower (not notwithstanding that such property may be
considered fixtures under Florida law); and (4) that OWNER at the time of execution of
the Estoppel Cemficate has no legal interest in and affirmatively disclaims any interest to
TENANT'S equipment and other propert3, within the LEASED AREA.
B TENANT, at the request of OW'NER, shall provide OWNER with a
certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if
there has been anx' modification, that the same is in full force and effect as modified (and
shall state the modification(s)); (2) whether or not, to TENANT'S knowledge, there are
then existing any set-offs or defenses against the enforcement of any of the agreements,
terms, covenants or conditions hereof upon the part of TENANT to be performed or
complied with (and, if so, specit~,ing each of the same); and (3) the dates, if any, to which
rent has then been paid in advance; and (4) any, if in the first lease year, other provisions
.----. required to enable TENANT to obtain a perfected UCC-1 to finance the tower and/or its
quipment.
C. .4LL OTHER INTERESTS SUBORDINATE. This Lease and all of
TENANT's property. at the LEASED AREA shall during its life always be superior to
any mortgage and any other pledge by OWNER and by TENANT. OWNER and
TENANT shall at no cost or expense to the other, execute whatever subordination
agreements and/or other instruments as may be reasonably required by the other to
evidence such subordination. It is hereby agreed that a request by TENANT for a
subordination from OX~q'qER to facilitate TENANT'S initial financing of the tower
and/or any or TENANT's initial equipment is a reasonable required subordination.
TENANT hereby affirms that as of the date of execution of this Lease there is no deed of
trust. mortgage, or other any other encumbrance affecting this Lease or any of
TENANT' S propert)' that may be placed within the LEASED AREA. O~rNER promises
that there exists no mortgage, deed of trust, or other encumbrance or pledge by OWNER
that is superior to TENANT'S Leasehold interests in this LEASE, and that OWNER shall
not knowingly enter into or suffer any such encumbrance to become superior to any of
TENANT'S interests under this Lease. The only possible exception to this promise by
OWNER could be an encumbrance that is not avoidable by OWNER as a matter of law.
19. Misce!laneons Provisions.
A. CONTROLLING LAW. This Lease and all license agreements and other
agreements related hereto and the performance hereof shall be governed, interpreted,
construed and regulated by the laws of the State of Florida. Any lawsuits that may be
brought to enforce any part of this Lease. including any claim for damages, shall be
brought in Collier Count>'.
~6
AUG 0 3 19 9
B. BROKERS. OWNER and TENANT represent to each other that they have
not negotiated with any real estate broker in connection with this Lease.
C. ENTIRE AGREEMENT. This Lease, including attached exhibits which are
hereby incomorated by reference, incorporates all agreements and understandings
between OWNER and TENANT, and no verbal agreements or understanding shall be
binding upon either OWNER or TENANT. Any addition, variation or modification to
this Lease shaii be inefl~ctive unless made in writing and signed by both of the parties.
D. CONTINUED COMPLIANCE WITH ALL APPLICABLE RULES.
OWNER agrees that the LEASED AREA complies with and during the term of this
Lease shall continue to comply with all building, life/safety, disability and other laws,
codes and regulations of any applicable governmental or quasi-governmental authority.
Correcting any such non-compliance shall be accomplished at no cost or expense of
TENANT.
E. SUCCESSORS' AND ASSIGNS. This Lease, all licenses, and all other
directly related agreements shall be binding and inure to the benefit of the parties, their
successors and/or assigns. This Lease, and each and every covenant and condition
herein, is intended to benefit the LEASED AREA and shall extend to and bind all
successors and assigns of the respective parties.
F. NON TECHNICAL READING OF TERMS AND CONDITIONS. All
provisions hereof shall be construed as both covenants and conditions, the same as if the
words importing such covenants and conditions had been used in each separate
paragraph. No distinction between a condition, a term, a promise or a covenant is
intended.
G. NEUTRAL CONSTRUCTION. Each party has had an opportunity to review
and negotiate this Lease and have executed this Lease only after such review and
negotiation. The language of each part of this Lease shall be construed simply and
according to its fair meaning, and this Lease shall not be construed more strictly in favor
or against either party.
H ATTORNEYS' FEES. If either party institutes any action or proceeding in
court to enforce any provision hereof, such as an action for damages for any alleged
breach of any provision hereof, then the prevailing party in such action or proceeding
shall be entitled to receive from the non-prevailing party such amount as the court may
adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party,
together with its other reasonable litigation expenses.
1. FAILURE TO CURE CURABLE BREACH. If either party breaches this
Lease in any manner and fails to commence to cure such breach within thirty (30) days
after receiving a written notice from the other party exactly specifying the violation (or if
the breaching party. fails thereafter to diligently prosecute the cure to completion), then
the non-breaching party may enforce each of its rights and remedies under this Lease or
provided by law or it may (although it shall not be obligated to do so) cure that breach or
perform the breaching party's obligations (on the breaching party's behalf and at the
breaching party's expense) and require the breaching party to reimburse all reasonable
expenses incurred in doing so, plus interest (from the date such expenses are incurred
until reimbursement) at twelve percent (12%) per annum.
J. SEVERABILITY. If any portion of this Lease is declared by a court of
competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed
modified to the extent necessary in such court's opinion to render such portion
enforceable and, as so modified, such portion and the balance of this Lease shall continue
in full force and effect.
K. L~v;JUNCTIONS AND EQUITABLE RELIEF. In addition to all other
remedies provided for in this Lease, OWNER and TENANT shall be entitled to
17
AGENDA ITEM
AUG 0 3 1999
immediate restraint by injunction (or any other appropriate equitable remedy) of any
violation of any of the covenants, conditions or provision of this Lease.
L. CAPTIONS. The captions of the paragraphs used in this Lease are for
convenience of reference only and shall not affect the interpretation of this Lease.
M. GOVE~%';X-fENT APPROVALS BY TENANT. OWNER acknowledges that
'1 ~3NANT'S ability to use the LEASED AREA and TENANT's Properly for its intended
purposes is continge~;t upon TENANT obtaining and maintaining, both before and after
the Commencement Date, all of the certificates, permits, licenses and other approvals
(collectively, "Governmental Approvals") that may be required by any federal, state
and/or local authority, including OWNER, for the foregoing uses and improvements to
the Property desired by TENANT. OWNER agrees to cooperate with TENANT in
TENANT'S e~i>rts to obtain such governmental Approvals and OWNER shall take no
action that would adversely affect TENANT'S obtaining or maintaining such
Governmental approvals.
N. MEMORANDUM OF LEASE AGREEMENT. Concurrently with the
execution of this Lease, OWNER shall execute and deliver to TENANT for recording a
"Memorandum of Lease Agreement" in the form of the attached Exhibit B.
IN WITNESS WHEREOF, OWNER and TENANT have duly executed this
Lease as of the day and year first above written.
ArrEST: OWNER
DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS
CLERK OF COURTS COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk PAMELA S. MAC'KIE, CHAIRWOMAN
~"-'oved as to Form and
Sufficiency:
~ ~ ~ itS///
Assistant County Attorney
County's S. S. Tax No.:
"TENANT": PrimeSite Consulting Group, Inc.
Print Name: Charles Bernardo, Jr.
Title: President
Address: 10914 N 56th St., Tampa, FI. 33617
ORIDA
The foregoing Go ate Wastewater Ground Leas 604) was
acknowledged ~ ~
, who is personally known to
J.C.-,EI~A I1TrM
AUS O 3 1999
STATE OF FLORIDA
COU%NTY OF HILLSBOROUGH
The fore=oing Goldengate Wastewater Ground Lease (GC0604) was
acknowled<2ed ~efore me this .~+w day of ~U ~q .1999, by Charles A. Bemardo
Jr, as PresTdent of PrimeSite ~ting Group, Inc., a FlOrida co&oration, who is
personall5' knoxxn to me.
NotaD' Public ..,~,
t~ tMY Cgmm;ss~on CCe~91M
My Commission Expires: ~,,~J Ex=~res Novem~r3O.
19 ] ACiENDA ITEP
~ /4UG 0 3 1999
EXHIBIT A1
DESCRIPTION OF OWNER'S LAND
to the A~Inent dated __, ~, by and belx,,~n Collier County ("Owner") and
Pnm~Sne Consukmg Ch:up. Inc. a Florida coloration ("Tenant")
~c L~d is dcscd~ ~d/or depicted as follows:
~OPE~TY CESCq,~T~CNS ~ ~
'~"~" ~ e~
~':~ ~'j~ ~42'~%:~'~.,:,~T2~L*~ 2T;';~,~',
.2~?:,'~:%2L"~ ~.~%': ;ZZ,"zq :~'rZ:,' .~'? 2~:' .~;~'r;~~ .;.~ ........
, .
~,,
~'~L'.
'F.': L~2~~ ,Z.~ ~t~2::: ': '
AUG 8 3 1999
pg.
EXHIBIT A
DESCRIPTION OF LEASED AREA
to the ABrccmcnt daunt by ~d belu'ccn Collier Count)' ("Owner") and
PrimeSite Consulting Group, Inc, a Florida corporation ("Tenant")
The Land is described and/or depicted as follo~s LE~S-r F*,PCEL
os per description recorded ~n Officio) RecotO Book 1022. poqe 126L of the
~n Fntp.~.sectlon with thee eosterly right of woy line o~ e 100' wide cono) riqM Of
EXECUTIVE SUMMARY
AUTHORIZATION OF 100% WAIVER OF IMPACT FEES FOR A VERY LOW INCOME
SINGLE FAMILY HOUSE TO BE BUILT IN NAPLES VILLAS SUBDIVISION, COLLIER
COUNTY, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
OBJECTIVE:
To have the Board of County Commissioners authorize the payment of impact fees and to
appropriate the funds for the waiver of these fees: Correctional Facilities Impact Fees, Road
Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees,
Emergency Medical Services Impact Fees, Collier County Regional Water and/or Sewer Impact
Fees, and Educational Facility System Impact Fees. The impact fees are for the following
facility: one house to be built by Habitat for Humanity of Collier County, Inc. with funds from
the Affordable Housing Trust Fund.
CONSIDERATIONS:
Habitat for Humanity of Collier County, Inc~ has submitted application for waiver of impact fees
for the purchaser of one house to be built in Naples Villas Subdivision, Collier County, that will
sell to a very low income family for approximately $46,500. The home will be built on the
following described property.
Lot 14, Block C, Naples Villas, as recorded in Plat Book 4 at Page 7.
Habitat for Humanity of Collier County, Inc. has certified that the applicant will meet the
requirements under the Impact Fee Waiver Ordinances as a very low income, first time home
buyer to qualify for Affordable Housing Impact Fee Waivers.
FISCAL IMPACT:
Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund.
The total amount of impact fees requested to be waived is $6,735.34.
Impact fee charges for one house in Naples Villas Subdivision, Collier County, would be
itemized as follows:
1 Unit
a) Correctional Facilities Impact Fee $117.98
b) Library System Impact Fee 180.52
c) Road Impact Fee 1,379.00
d) Parks Impact Fees 820.84-
e) Emergency Services Impact Fee -. 14.00
f) Water Impact Fee 870.00
g) Sewer Impact Fee 1,575.00 .
h) School Impact Fee 1,778.00 ,kGENDA ITEM
TOTAL IMPACT FEES $6,735.34
AUG O 3 1999
F,g. /'
Executive Summary
Habitat for Humanity of Collier County, Inc.
Page Two
GROWTH MANAGEMENT IMPACT:
The impact fee waivers will bring relief to the buyer of housing for a very low income family in
compliance with policy 1.5.2 of the Housing Element of the Growth Management Plan.
RECOMMENDATION:
The Board of County Commissioners approve the Resolution and Agreement authorizing the
waiver of impact fees for one house to be built in Naples Villas Subdivision, Collier County, by
Habitat for Humanity of Collier County, Inc. for a very low income buyer and to pay for these
impact fee waivers with State Housing Incentive Partnership [SHIP] program revenue funds.
j d/7/14/9 9
PREPARED BY:
'7
.2,Joaime Dalbey, iilanner; Date
Housing and Urban Improvement
REVIEWED BY:
Greg alic, Director ~~at~efp
_GreHg .al~cb~
/,A~P,ROVED BY: ,
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
jd/c/habitat
! AGENDA ITEM
· ,i t,',,!3 0 3 1999
1 RESOLUTION NO. 99-
2
3 '
4 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
5 C( )UNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL
6 F.\{ 'll flIES IMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM
7 IMi'ACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND
8 Ri:('REA'FIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES,
9 IEMER(iENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL
10 [-AC'ILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE
11 ('ONS'IRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY,
12 IN('., ON LOT 14, BLOCK C, NAPLES VILLAS SUBDIVISION, COLLIER
13 COUNTY, FLORIDA.
14
15 WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable
16 housing for moderate, low, and very-low income households in the County and the need for creative and innovative
17 programs to ass:st m the provision of such housing by including .several provisions in the Collier County Growth
18 Management Phm. including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy
19 1.5.5, policy 1.5.e,: objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
20 policy 2.1.6 of ti~c }ltmsmg Element; and
21 WHERI.,\S. ('oilier County. has received funding pursuant to the State Housing Initiatives Partnership
22 Program sel ibr:h ~r. See'don 420.907 el. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and ~.
23 WHERI:\S. m accordance with Collier County Ordinance No. 93-19, the County is authorized to use
24 funding from the State Housing Initiatives Parmership [SHIP] Program for waivers of Collier County impact fees;
25 and
26 WHERLAS. Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and
27 WHERI~.\S. ltabitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the
28 '~Dwelling Unlt"l ,In l_ot 14, Block C Naples Villas Subdivision which is proposed to sell for Forty-Six Thousand
29 Five Hundred Dollar~ (S46,500.00); and
30 WHERI)\:'-;. ~}~e Dwelling Unit will be purchased by a very low income household which is required to
31 invest a minn'mnl~ ,~: five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and
32 ~,%tERI~I.\S, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc.,
33 submitted to the ( )ffi ce of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999
34 for a waiver of n~:pact fees for the construction of a house on Lot 14, Block C Naples Villas Subdivision, a copy of
35 said application l~ ~}n file in the Housing and Urban Improvement Department; and
36 WHERi:.,\S. in accordance with Section 3.04 of the Correctional Facilities-Impact Fee Ordinance, Ordinance
37 99-52; Sectinn 3H4 of the Regional Water and/or Sewer System lmpact Fee Ordinance, Ordinance No. 98-69;
38 Section 3.04 ~: tl:c I.~brary System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the
39 Parks and Recrcam~!~al Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee
40 Ordinance, Ord/~:ancc No. 92-22, as amended; Section 3.05 of the Emergency Medical Sen'ices System Impact Fee
41 Ordinance, Ord:~!:n,,~'e No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee
AGENDA ITTr, M
1 -
0 1999
1 Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a
2 .... '; and
3 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon
4 the following representations made by Habitat for Humanity of Collier County, Inc.:
5 A. The Dwelling Unit shall be sold to a furst-time home buyer.
6 B. 'I 'he I)welling Unit shall be sold to a household with a very low income level as that term is defined
7 m d',c Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the
8 UT'nt must be within the affordable housing guidelines established in the Appendices to the respective
9 Imp:xct Fee Ordinances.
10 C. I'he Dwelling Unit shall be the Homestead of the owner.
11 D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of
12 occupancy is issued.
13 NOW tlIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
14 COLLIER ('OUNT'~'. FLORIDA, that: _
15 1. lhc lloard of County Commissioners hereby authorizes the County Administrator to issue an
16 ~uthcmzation for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1)
17 h~lu,c ~xhich shall be constructed on Lot 14, Block C, Naples Villas Subdivision, Collier County,
18 l:lorlda.
19 2. t pon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact
20 (ces signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other
21 documentalton acceptable to the County Attorney, the Board of County Commissioners hereby
22 aud~orizes the payment by Collier County of the following impact fees from the Affordable Housing
23 'l"ru~d Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 14, Block
24 {. Naples Villas Subdivision, by Habitat for Humanity of Collier County, Inc.:
25 :\. Library Impact Fee $ 180.52
26 H Road Impact Fee 1,379.00
27 C Parks Impact Fee: 820.84
28 D. EMS lmpact Fee 14.00
29 ti. Educational Facilities System Impact Fee 1,778.00
30 F. Water Impact Fee 870.00
31 { }. Sewer Impact Fee 1,575.00
32 t t. ~ 'orrectional Facilities Impact Fee 117.98
33 IOTAL IMPACT FEES $6,735.34
34 3 I tie payment of impact fees by Collier County is subject to the execution and recordation of an
35/~", ~I;rcement for waiver of Collier County Impact Fees between the property owner and/or
36 purchaser and the County. ] AGENDA I'IT.,.M
1
2
3
4 l'hls Resolution adopted after motion, second and majority vote favoring same.
5
6
7 DATED:
8
9 ATI'EST: BOARD OF COUNTY COMMISSIONERS
10 DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA
11
12
13 By:.
14 PAMELA S. MAC'KIE, CHAIRWOMAN
15
16
17 Approved as to rilr'm
18 legal sufficient>:
19
21. ,'t_[ .' c
22 Heidi F. Ashton
23 Assistant Count>' Attorney
24
25
26 jd/c/HH/NaplesVilias SD;reso
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
52
53
54
55
56
57
58
59
60
61
62
63 ~r AGENDA ITEM
· , AUS 0 3 1999
1
2
3
5
6
7
8
9
l0
II
12
13
14
15
16
17
18
19
20 EXHIBIT "A"
21
22 LEGAL DESCRIPTION
23
24
25
26 LOT 13, BLOCK C. NAPLES VILLAS SUBDIVISION, ACCORDING
27 'FO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 4,
28 AT PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY
29 FLORIDA.
30
31
32
;5
~6
~7
;8
~9
;0
~2
~3
;7
I AGF..NDA ITEM
NO.~
- 4 -
0 3 1999
?TP~OCK CREEK HARBOR
~PE -PLAT OF ROCK CREEK PINES NO./, RECORDED IN PLAT BOOK 2
E 85, COLLIER COUNTY, FLORIDA RECORDS. ~_~
F~ING.' ~ou , * · ~ .,..~ AND INCLUDING; r~r ~,r ~, r.t ~.~t~ ,--~
~ ~. t~ ~ ~ ~ ~0~ ~ ~. ~. ~t~l~ rg~ ~ ~lr~, ~ ~ c~o,lY ~
Sl/ 's ,, s , s s ,, ,,
.~ ..
~ :~ . . ,
, i~] ~t, ~ ~ '~
~.:~ ~" ..... ,...j..............
i / L a
z k'~ .... '*~ ' ' ' " " I" ,a ,, ,, [,, -
I~ "~;. ~ . .
~ ~ ,.,, .. " "i., ,. ,. ,. ,, s,, ,. ,. ,. ,. ,, ,.
- ,-=~ ,
":" :'*' 70:1' "1 .... "" j' 'l'l ....
~-,,~',,'.:,.,'1.:' , ;, ,o ,, ~,z n ,, ,, ,, , a
~ ~ '* .... ~ .... ~' ~ ,, ~ ',, ,a ,, ~ ,, , ,, ,, ,, ' ,o! ,', ~,, ,, , ,.
~ , - ....... '-.--'=- ........ - ............. lrj ' -- - ~ i~ AGE~AI~
~ $o' moao ot~c~rto tn m.~J ~ Ca L,Y. mm~ ~aF~'' ' ~
I ,tof ~Jo I iJI I ,. taO
· XGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES
This Agreement for the Waiver of Impact Fees entered into this _ day of 1999, by and
between the Board of County Commissioners of Collier County, Florida, hereinafter referred to
as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafier referred to as
"OWNER."
WITNE S SETH:
WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional
Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County
Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No.
88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County
Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee
Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency
-. Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92:22, as
amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No.
~ 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as
they may be further amended from time to time hereinafter collectively referred to as "Impact
Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit
qualifying as affordable housing; and
WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact
Fee Ordinance, a copy of said application being on file in the office of Housing and Urban
Improvement; and
WHEREAS, the County Administrator or his designee has reviewed the OWNER's
application and has found that it complies with the requirements for an affordable housing
waiver of impact fees as established in the Impact Fee OrdinanCe; and
WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite
impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the
project as eligible for an impact fee waiver; and
WHEREAS, the COUNTY approved a waiver of impact fees for OWNER em ,odied in
Resolution No. 99- at its regular meeting of ,1999; and
~g.
WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an
Agreement with the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and
agree as follows:
1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall
be incorporated by reference herein.
2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling
Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference
herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing
and shall be offered for sale in accordance with the standards set forth in the appendices to the
Impac~ Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate
of occupancy is issued for the Dwelling Unit. ,
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a. The Dwelling Unit shall be sold to a household with a very low income as
defined in the appendices to the Impact Fee Ordinance and his/her
monthly payments to purchase the Dwelling Unit shall be xvithin the
affordable housing guidelines established in the appendices to the Impact
Fee Ordinance;
b. The Dwelling Unit shall be sold to a first-time home buyer;
c. The Dwelling Unit shall be the homestead of owner;
d. The Dwelling Unit shall remain as affordable housing for fifteen (15)
years from the date the certificate of occupancy is issued for the Dwelling
Unit; and
e. OWNER is the owner of record of the Dwelling Unit and owes impact
fees in the total amount of $6,735.34 pursuant to the Impact Fee
Ordinance. In return for the waiver of the impact fees owed by ~xxn,r~ .
" AC.~,I~IDA ITEM
OWNER covenants and agrees to comply with the affordabl ho~11~~
AUG 0 3 1999
2 -
impact fee waiver qualification criteria detailed in the Impact Fee
Ordinance.
5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the
impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households
meeting the criteria set forth in the Impact Fee Ordinance.
6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for
affordable housing for a fifteen (15) year period after the date the certificate of occupancy is
issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the
impact fees shall be immediately repaid to the COUNTY.
7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the
effective date of this Agreement; which lien may be foreclosed upon in the event of
non-compliance with the requirements of this Agreement.
8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement
requirements and fifteen (15) years after the date of issuance of the certificate of occupancy. or
upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY.
record any necessary documentation evidencing the termination of the lien, including, but not
limited to, a release of lien.
9. BINDING EFFECT. This Agreement shall be binding upon the parties to this
Agreement and their respective heirs, personal representatives, successors and assigns. In the
case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for
the impact fees waived until said impact fees are paid in full or until the conditions set forth in
the ln~pact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and
shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied.
10. RECORDING. This Agreement shall be recorded by OWNER at the expense of
OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after
execution of this Agreement by the Chairman of the Board of County Commissioners.
11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER
fails to sell the Dwelling Unit in accordance with the affordable housing stand: rct~ and
AGEND A ITEM
qualilication criteria established in the Impact Fee Ordinance and thereafter fails to payN~h~
- 3 - AUG 0 3 1999
p.. /D
impadt fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates
one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of
fifteen (15) days after notice of the violation.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OWNER violate
any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within
thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall
constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and
continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until
repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any
owner. lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on
parity with the lien of any such County taxes. Should the OWNER be in default of this
Agreement and the default is not cured within (30) days after written notice to OWNER, the
Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed
or othervise enforced by the COUNTY by action or suit in equity as for the foreclosure of a
mortgage on real property. This remedy is cumulative with any other fight or remedy available
to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys
fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for
judgments calculated on a calendar day basis until paid.
IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver
of Impact Fees on the date and year first above written.
Wimcsscs: OWNERS:
' , ,, (/("---__ HABITAT FOR HUMANITY OF
STATF; OF Florida )
COUNTY OF Collier ) "Aamo,~ ffD
· - 4 - Ur: 3 1999
The foregoing instrument was acknowledged before me this ,,~ day of x~ri qL ,1999
by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally
known to me.
[NOTARIAL SEAL] ,ture of Person Taking Xakno~edgment
Name o~Ac~knowledger ~'yped, Print~or Stamped
DATE D: BOARD OF COUNTY COMMISSIONERS
ATTE ST: COLLIER COUNTY, FLORIDA
D~/'IGHT E. BROCK, Clerk
By:
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as to form and
legal sufficiency
F..,i~shton L
Assi slant County Attorney
j&,c. naples Villas
AGENDA ITEM
- 5 - AUG 0 3 1999
P~./~
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 14, BLOCK C, NAPLES VILLAS SUBDIVISION ACCORDING
TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT
PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
AUG 0 3 1~99
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EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "OLDE CYPRESS UNIT
THREE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND
MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY
OBJECTIVE:
To approve for recording the final plat of "Olde Cypress Unit Three",
a subdivision of lands located in Section 21, Township 48 South,
Range 26 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, S~ecifications, and final plat of "Olde
Cypress Unit Three" These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177. All
.F._fees have been paid. Security in the amount of 10% of the total cost
f the required improvements, and 100% of the cost of any remaining
~mprovements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the
Planning Services Director and the County Attorneys office prior to
the recording of the final plat. This would be in conformance with
the County Land Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of "Olde
Cypress Unit Three" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $312,830.65 (estimated to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $172,727.00
b) Drainage,
Paving, Grading - $140,10'3.65
The Security amount, equal to 110% of the
project cost, is $344,113.72
The County will realize revenues as followS:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by' this
projectF Total: $632.5.30
' AUG 0 3 1999
Executive Summary
Olde Cypress Unit Three
~-- Page 2 ..
Fees are based on a construction estimate of
$312,830.65 and were paid in June, 1999.
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)Olde Cypress
Unit Three- $ 489.00
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $ 863.64
Drainage,
Paving, Grading (.425% const. est.)-$ 595.44
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $2590.90
Drainage,
Paving, Grading (1.275% const. est.) - $1786.32
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating Go conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Olde Cypress Unit Three" for recording with the following
stipulations:
1. Approve the amount of $344,113.72 as performance security
for the required improvements.
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
AUG 0 3 1999
· Executive Summary
Olde Cypress Unit Three
Page 3
PREPARED BY:
John R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
b~ ? ' / ~/
Ro re, AICP Date
Planning Services Department Director
Vincenf A. Cautero, AICP, Administrator Date
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
jrh
AUG 0 3 1999
DE CYPRESS.,
OF TRACT..5 OF OL.-.DE. CYPRESS,
BOOK . PAGES I THROUGH II. ~C
· 48 SOUTH, RANGE T, COl
~ cou.'r,,,
-.: c<x.-..E:. cou.'r','
/..,_,. ~ 12 I e 10
13 18 11 16
,- '~s r PROJECT SIT
y'
24 II[IMFICY 2C 22
E3TA11 I
, .,",
EXECUTIVE SUMMARY
APPROVAL OF INTERIM POLICY FOR COMMERCIAL LAKE EXCAVATIONS
LOCATED IN GOLDEN GATE ESTATES.
OBJECTIVE:
To obtain Board approval of an interim policy for approval of commercial lake excavations
located in Golden Gate Estates.
CONSIDERATIONS:
Over the last several years the County has approved approximately 18 commercial excavation
permits ien Golden Gate Estates. Many of these were excavations that provided fill for a
permitted homesite with the benefit of having a lake view. Surplus material was transported off-
site which made it a commercial excavation. Several of the commercial excavations were
,---. approved without the benefit of a building permit.
On the Board's June 8, 1999 meeting, there were three proposed Golden Gate Estates commercial
excavations on the Consent Agenda. These three items were taken off the consent agenda and
placed on the regular agenda for discussion by the Board. As a result of the discussion, these
commercial excavations were not approved and staff was directed to retum to the Board within 2
months with recommendations / options that may be considered in approval of these permits.
The following is a list of staffs recommendations pertaining specifically to commercial
excavations within Golden Gate Estates. These recommendations should be considered for
implementation on a interim basis as Board Policy and until such time that they can be made an
amendment to the Land Development Code:
1. A commercial excavation permit will only be issued after a building permit has
been issued for the subject site.
2. A site plan shall be submitted to include location and size of lake, location of
house, and limits of clearing. The lake size shall be as follows:
a) 5 acres parcel shall be limited to lake area of 35% of parcel; 5-10 acre
parcel shall be limited to lake area of 45% of parcel; parcels greater
than 10 acres shall be limited to lake area of 50% of parcel.
b) Shape of lake shall be irregular. ,~.~~,,~ ~
0 3 199J
Executive Summary
Comrpercial Excavations
Golden Gate Estates
Page 2
c) Minimum Setbacks shall be 50 feet from side and rear property lines and
200 feet from centerline of road(s).
3. Existing native vegetation shall be retained outside the footprint of the lake and
building site. All disturbed areas shall be seeded / mulched or sodded. Ten
percent of the finished lake banks shall be planted with native aquatic vegetation
on a littoral shelf in conformance with Section 3.5.7.2.5 of the Land Development
Code.
4. Time Limit: 1 year with provision for a maximum 1 year extension.
5. Work Hours: 6:30 a.m. to 6:00 p.m. Monday through Friday.
6. No Blasting permitted.
7. No Dewatering permitted.
8. Specifications:
a) Maximum side slopes - 4:1
b) Maximum depth 20 feet below existing ground.
c) Minimum depth 6 feet below dry season low water elevation.
9. Clearing Permit Required.
10. Performance / Restoration Security computed at a rate of $0.25 per cubic yard
excavated but no less than $5,000.
11. Payment of Road Impact Fees.
FISCAL IMPACT:
Application fee of $850.00, Permit fee, and payment of appropriate road impact fees.
GROWTH MANAGEMENT IMPACT:
None
AUG 0 g 1999
Executive Summary
Commercial Excavations
'Golden Gate Estates
Page 3
RECOMMENDATION:
That the Board of County Commissioners approve the Interim Policy to regulate commercial
excavations in Golden Gate Estates and direct staff to incorporate this Policy into an amendment
to the Land Development Code.
PREPARED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager / Cfiunty Engineer
REVIEWED BY:
Robert J. Mulhere, AICP Date
Planning Director
APPROVED BY:
Vince A. Cautero, AICP Date
Community Development & Environmental Services Administrator
TEK/taa/F:/executive summaries
AGEN IT ~ '1
No, ~
AUG 0 3 1999
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "COCO LAKES", AND
APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT
AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY
OBJECTIVE:
To approve for recording the final plat of "Coco Lakes", a
subdivision of lands located in Section 23, Township 49 South, Range
25 East, Collier County, Florida, following the alternative procedure
for approval of subdivision plats.
CONSIDERATION:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Coco
Lakes" These documents are in compliance with ~'the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. Security in the amount of 10% of the total cost of the
~_.required improvements, and 100% of the cost of any remaining
improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the
Planning Services Director and the County Attorneys office prior to
the recording of the final plat. This would be in conformance with
the County Land Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of "Coco
Lakes" be approved for recording.
FISCAL IMPACT: The fiscal impact to the County is as follows.
The project cost is $623,039.00 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $219,730.00
b) Drainage,
Paving, Grading - $403,309.00
The Security amount, equal to 110% of the
project cost, is $685,342.90
The County will realize revenues as follows:
Fund: COmmunity Development Fund 113
i~ Agency: County Manager
-- Cost Center: 138900 - Development Services ~ AGS~DAI~
Revenue generated by this proj ct ~~
Total: $8,653.11
AUG O 3 1999
Executive Summary
Coco Lakes
Page 2
Fees are based on a construction estimate of
$403,309.00 (does not include City of Naples
water & sewer) and were paid in August, 1995 &
September, 1998
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)-$623.80
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $ N/A
Drainage,
Paving, Grading (.425% const. est.)$1901.08
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) -$ N/A
Drainage,
Paving, Grading (1.275% const. est.) -$ 5,703.22
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Coco Lakes" for recording with the following stipulations:
1. Approve the amount of $685,342.90 as performance security
for the required improvements.
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
AC, r DA,TEM
AUG 0 3 1999
Pe,. ~
Executive Summary
Coco Lakes
Page 3
PREPARED BY:
John '~.' Houldsworth~ Senior Engineer Date
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E. Date
Engineering Review Manager
Vincent A. Cautero, AICP, Administrator Date'
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
j rh
~ /~.~3
AUG O 3 !°~99
Pl. ~
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VICINITY MAP
AUG 0,
EXECUTIVE SUMMARY
TRANSFER OF GRANTS AND VEHICLES FROM GOOD WHEELS TO THE
COUNTY.
Obiective: Execution of agreements transferring grants and vehicles from Good Wheels,
Inc to Collier County.
Considerations: The County agreed to become the Community Transportation
Coordinator on April 2, 1999. As such, the County is entitled to the use of grant funds un-
used by Good Wheels, and to the use of nineteen vehicles. These funds and vehicles are
available for the provision of transportation within the Transportation Disadvantaged system.
The transfer of grant funds requires the execution of the attached "Agreement of
Assignment," along with an authorizing resolution and Federal Transit Administration (FTA)
Certification form attached.
The transfer of vehicles for use by the County requires the execution of the attached "Letter
-~- of Agreement," along with a payment to Good Wheels of $39,502.08. This payment
corresponds to ten percent of the depreciated value of the vehicle fleet. The state Department
of Transportation owns ninety percent of the vehicle fleet, and as such appears as the
,~.. principal lien holder on the vehicle titles.
Fiscal Impact: There will be an immediate but not necessarily permanent fiscal impact of
$39,502.08 for the acquisition often percent of the depreciated value of the nineteen vehicles
transferred from Good Wheels, Inc. If Collier County relieved itself of the role of CTC and
appointed another entity, the County would receive ten percent of the depreciated value of
the vehicle fleet at that time. Maintenance of the vehicles will be the responsibility of the
fleet operators under contract to Intelitran. Funds are available in the Transportation
Disadvantaged Program budget in the MPO Miscellaneous Grant Programs Fund 126 as
approved by the BCC on May 25, 1999.
Growth Management Impact: None.
Recommendations: Staff recommends that the Board of County Commissioners authorize
the Chairwoman to sign all of the attached agreements, resolutions, and FTA Certification
and Assurance forms.
Staff recommends that the Board of County Commissioners approve any future budget
amendments necessary to provide the ability to pass through the grant funds received under
the attached agreements to Intelitran.
Prepared by: ~,"(,ro~:h Date:'7 '/~"' 9 ?
/"" Gavin Jones, P.E., Transportation Planning Manager
· AUG 0 3 1999
RobeKMulhere, AICP, Planning Services Director
. '
Approved by:'/:~ ' ~ Date:
nt A. Cautero, AICP, Community Development &
Environmental Services Administrator
AGE A
AUG 0 3 1999
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
LETTER OF AGREEMENT
This Agreement made and effective this day of ,1999, between the
Collier County Board of County Commissioners, hereinafter referred to as "County", 3301
E. Tamiami Trail, Building F, Naples, Florida 34112, and the State of Florida Department
of Transportation, hereinafter referred to as "Department",
WITNESSETH
WHEREAS, the County has been designated as the Community Transportation
Coordinator for Collier County by the State of Florida Commission for the Transportation
Disadvantaged in accordance with Florida Statute 427; and
WHEREAS, the County is eligible to receive, manage, operate, and dispose of
vehicles under the Federal Tran,,sportation Administration 's Section 5310 & 53 11 programs,
as administered by the Department in accordance with Hotida Statute 341, and all applicable
rules and regulations; and
WHEREAS, the County desires to receive from the Department the vehicles,
identified in the inventory list attached hereto as Exhibit "A", and by this reference made a
pan hereof.
NOW, THEREFORE, the Department and the County, in consideration of the mutual
terms, covenants and conditions set forth herein, agree as follows:
1. The Depamnent agrees to the expeditious transfer of the vehicles listed under Exhibit
"A", attached hereto and by this reference made a pan hereof. The necessary Certificates of
Title (Vehicle Registration) and other documentation as appropriate to effect the legal
transfer of said vehicles will be provided by the Department.
2. The County agrees to process the Application for Certificates of Tifie necessary to
'effect the transfer of said vehicles under the condition that the Department shall continue to
be shown on the Certificates of Tifie as the first and only Lien Holder.
3. The County agrees to assume all responsibilities for the vehicles including but not
limited to, compliance with all applicable federal, state, and local statutes, rules and
regulations governing the ownership, operation, and disposal of said vehicles.
AUG 0 8 1999
Collier County Board of County Florida Department of Transportation
Commissioners
Approved as to form & legal sufficiency: Approved as to form and legality:
l~0
Col r~ey"~/s office District Legal Counsel
APPROVED: APPROVED:
Pamela S. Mac'Kie, Chairwoman District Secretary
ATTEST: .~ ATTEST:
..--, (Seal) (Seal)
Clerk Executive Secretary
(h:~1o~nanagen~tatd~llagr.wlxl)
·
AGEND' I E
AUG 0 3 1999
EXHIBIT A
GOOD WHEELS / FDOT VEHICLE INVENTORY
FOR TRANSFER TO COLLIER COUNTY
FDOT # GW # DESCRH'TION COST NEW / DATE
88162 162 1993Chev. Bluebird Bus w/li~ 8seats+l w/cposition $33,413 2/93
88163 163 1993Chev. Bluebird Bus w/lifi 8+1 $33,413 2/93
88164 164 1993 Chev. Bluebird Bus w/!ifl 8 + I $33,413 2/93
88165 165 1993Chev. Bluebird Bus w/li~ 8+1 $33,413 2/93
92114 114 1995 Ford Supreme Bus w/li~ 16+2 $48,475 10/95
92153 468 1997FofdStarTranBusw/li~ 12+2 $43,384 11/97
92154 469 ] 997 Ford StarTran Bus w/lift ! 2 + 2 $43 3 84 11/97
- 181035 035 1995 Thomas hatl. Busw/lifi 16+2 $45,314 3/95
181036 036 1995 Thomas Intl. Busw/!i~ 32+2 $55,598 3/95
181037 037 1995Plymouthmini-vanw/ramp 3+2 $36,655 11/95
181041 041 1995 Ford Supteme bus w/li~ 16+2 $48,475 8/95
181042 042 1995FordSuptemehtsw/li~ 16+2 $48,475 8/95
181046 046 1996 Ford Supreme bus w/li~ 16+2 $48,475 12/95
181047 047 1996 Ford StaxTrans bus w/!i~ 16+2 $46,812.10 9/96
181048 048 1996 Ford SlaxTrans bus wPti~ 16+2 $46,812.10 9/96
181049 049 1996FordSlarTranslxtsw/li~ 16+2 $47,062.10 9/96
181050 050 1996FordStaxTranshtsw/li~ 16+2 $47,062.10 9/96
181051 051 1996FordStarTranalxtsw/!ifi 12+2 $41,169.45 9/96
181061 061 1996FordStarTransbuaw~ifi 12+2 $41,169.45 2297
0 3 1999
-
RESOLUTION NO. 99-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
4 OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE LETTER
5 OF AGREEMENT,. PROGRAM ASSURANCES, AND THE ACCEP-
6 TANCE OF VEHICLES, TRANSFERRED FROM GOOD WHEELS,
7 INC., FUNDED UNDER THE FEDERAL TRANSIT ADMINIS-
s TRATION (FTA) SECTION 5310 & 5311 GRANT PROGRAMS
9 ADMINISTERED BY THE STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION.
11
12 Whereas, the Board of County Commissioners of Collier County, Florida has been
13 designated by the Florida Commission for the Transportation Disadvantaged as the Community
14 Transportation Coordinator for Transportation Disadvantaged services in Collier County in
15 accordance with Florida Statute 427; and
17 Whereas, the Board of County Commissioners of Collier County, Florida has the authority
18 to accept responsibility for the ownership and operation of said vehicles, to enter into the Letter of
19 Agreement, and to execute the Program Assurances, in accordance with Florida Statute 341 and as
20 authorized by Section 125.01, Florida Statutes; and
Whereas, said vehicles were procured with funding allocated for services in Collier County
23 by the Florida Department of Transportation (FDOT), and said vehicle titles have the FDOT
24 registered as first and only Lienholder in accordance with FDOT regulations;
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
27 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
28
29 1. Said vehicles are accepted by Collier County for use in public and/or transportation
30 disadvantaged services, in accordance with all applicable federal and state statutes, rules and
31 regulations; otherwise, Collier County will return the vehicles to the FDOT.
32
33 2. Collier County will pay Good Wheels, Ine. $39,502.08 as reimbursement for said vehicles.
34
35 3. Gavin Jones, Collier County's Program Manager for the Transportation Disadvantaged
36 Program, is authorized to execute the letter of Agreement, Program Assurances, title
37 applications, and other necessary documents to complete the transfer of said vehicles to
38 Collier County.
39
40 This Resolution adopted this __ day of ,1999 after motion, second and
~ majority vote favoring same.
/~UG 0 3 1999
1 ATTEST: BOARD OF COUNTY COMMISSIONERS
2 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
3
4
5 By: By:
6 PAMELA S. MAC'KIE, CHAIRWOMAN
7
8
9 Approved as to form and
lo legal sufficiency:
11
AUG 0 3 1999
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AGREEMENT OF ASSIG~NT
This agreement of assignment ("Assignment") made and effective this ~ day of ,
1999, among Good Wheels, Inc., 10075 Bavaria Road, S.E., Fort Myers, Florida 33913
("Assignor"), the Collier County Board of County Commissioners, 3301 E. Tamiami Trail,
Building F, Naples, Florida 34112 ("Assignee"), and the State of Florida Department of
Transportation (the "Department"),
WITNESSETH
WHEREAS, Assignor has entered into two Joint Participation Agreements with the
Department, one on State Project Number 03000-3824, Contract Number AF291 (dated
November 4, 1997), the other on Financial Management Number 204783, Contract Number
_ AG064 (dated August 7, 1998); and
W,I--IEREAS, said Agreements are by their terms assignable only upon the prior written
consent of the Department; and
WI-IF~REAS, Assignor desires to assign the Agreements to Assignee and Assignee is willing
to perform all duties and obligations under the Agreements;
NOW, THEREFORE, in consideration of the foregoing and in consideration of Ten
Dollars ($10.00) in hand paid by each party hereto to the other and for other good and valuable
consideration flowing among the parties hereto, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto do hereby agree as follows:
I. Assignor hereby grants, bargains, sells, conveys, transfers, assigns and sets over his entire
fights and delegates his entire duties under the Agreements to Assignee subject to the covenants
and conditions herein mentioned.
2. Assignee hereby assumes all obligations of Assignor for the performance and payment
under the Agreements for all work undertaken by Assignor prior to the effective date of
Assignment of the Agreements including but not limited to existing liabilities and sub-
contractor/co-contractor obligations; and Assignee hereby assumes the Agreements and shall
hereafter perform faithfully all of the covenants, stipulations and agreements contained therein.
3. Assignor and Assignee hereby request that the Department consent to the assignment of
the Agreements to Assignee.
4. The Depa~ent consents to the assignment of the Agreements to Assignee; provided,
.---- however, the Department's consent to this assignment shall not constitute a waiver of the general
prohibition against assignment contained in the Agreements, as to further assignments and shah
not constitute a release of Assignor under the Agreements to the extent of Assignor's p i~~'~.
AUG 0 3 1999
L,,,
up to the effective date of this Assignment or to the extent of Assignee's failure to perform under
the Agreements hereafter, it being understood that this Assignment shah not be deemed to effect
a novadon.
5. All sums which become payable by the Department under the Agreements for services
rendered on and after the date of this assignment agreement shah be made to the Assignee, as
between Assignor and Assignee (including, without limitation, retainages), and shah be properly
allocated or divided by and between Assignee and Assignor. In the event any dispute arises
between Assignor and Assignee as to the allocation or division of the Department' s payments
between Assignor and Assignee, such dispute shall be resolved strictly between Assignor and
Assignee and the Department shah have no liability or responsibility whatsoever in regard to
resolving any such dispute. Assignee and Assignor hereby agree that, when the Department shall
have made payments pursuant to the Agreements, regardless of whether such payments have
heretofore been made to Assignor or hereafter to Assignee, which in the aggregate are equal to
the total sums payable by the Department under the Agreements, such payment shah constitute
_ satisfaction in full of the Department 's obligation to pay the sums which it is obligated to pay
pursuant to the Agreements. With respect to work and materials heretofore furnished by Assignor
pursuant to the Agreements, Assignor shall, to the extent that he has not heretofore been paid for
such work and materials by the Department, look solely to Assignee for payment for such work
and materials.
6. Assignee warrants that he has obtained and shah maintain insurance policies in compliance
with the Agreements requirements, including but not limited to, general liability insurance,
vehicular insurance, and workers' compensation insurance.
7. Assignee specifically acknowledges and agrees that no delays or requests for additional
compensation or supplemental agreements shah be granted due to this Assignment or the
duplication of .any services of Assignor by Assignee, it being understood that Assignee shah stand
in the place of Assignor as though no assignment has occurred.
8. Assignor hereby represents, and Assignee hereby accepts, that there are no claims or
demands against the Department arising out of or related to the performance under the Agreements
prior to the effective date hereof, except for contractual compensation which may not have yet
been paid, and any such claims, other than contractual compensation, are hereby waived and
released.
AUG 0 1999
ASSIGNOR: GOOD WHEELS, INC.
/~. J~'Sgzic, AcCent
ASSIGNEE: COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS
Approved as to form .,~ Pamela S. Mac'Kie,
legal sufficiency: Chairwoman
/C~y/'Aomey'~,sO ATTEST: .(SEAL)
Att ~ce Clerk
FEIN 59-6000558
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
Approved: '
Public Transportation Manager District Secretary
Approved as to form and legality: ATTEST: (SEAL)
Executive Secretary
District Legal Counsel
RESOLUTION NO. 99-
2
3 A RESOLUTION OF THE BOARD OF COIfNTY COMMISSIONERS
4 OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ASSIGNMENT
5 OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF
6 TRANSPORTATION AND GOOD WHEELS, INC.
7
8 Whereas, the Board of County Commissioners of Collier County, Florida, has the authority
9 to enter into an Agreement with other parties as authorized by Section 125.01, Florida Statutes.
10
11 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
12 Collier County, Florida, that:
13 1. The Agreement assigning Contract Numbers AF291 and AG064 from Good Wheels, Inc. to
14 Collier County is approve&
15
16 2. The Chairwoman of the Board of County Commissioners of Collier County, Florida, is
17 authorized to enter into this Agreement.
18
19 This Resolution adopted this __ day of , 1999 after motion, second and
20 majority vote favoring same.
21 ATTEST: BOARD OF COUNTY COMMISSIONERS
22 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
23
24
25 By: By:
26 PAMELA S. MAC'KIE, CHAIRWOMAN
27
28 Approved as to form and
29 legal sufficiency:
30
3:2 / /
3~ County Attomey
AUG 0 3 1999
Appendix A
FEDERAL FY 1999 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE
Name of Applicant: Collier County Board of County Commissioners
The Applicant agrees to comply with applicable requirements of Categories I-XV. (The Applicant may make this selection in lieu of individual selections below)
OR
The Applicant agrees to comply with the applicable requirements of the following categories it has
selected:
I. Certifications and Assurances Required of Each Applicant.
II. Lobbying Certification
III. Effects on Private Mass Transportation Companies
IV. Public Hearing Certification for a Project with Substantial Impacts
.... V. Certification for the Purchase of Rolling Stock
VI. Bus Testing Certification
VII. Charter Service Agreement
VIII. School Transportation Agreement
IX. Certification for Demand Responsive Service
X. Substance Abuse
XI. Certification for Project Involving Financing Costs
XII. Certifications for the Urbanized Area Formula Program and
the Job Access and Reverse Commute Program
Transit Enhancement Activities Report Submitted
(Required for Recipients with 200,000 or more population)
XIII. Certifications for the Elderly and Persons with Disabilities Program
XIV. Certifications for the Nonurbanized Area Formula Program
XV. Certifications for the State Infrastructure Bank (SIB) Program
(Both sides of this Signature Page must be appropriately completed and signed where indicat ,'d.)
AUG 0 1999
Appendix A
FEDERAL FISCAL YEAR 1999 FTA CERTIFICATIONS AND ASSURANCES
(Required of all Applicants for FTA assistance and all FTA Grantees with an active Capital or formula project)
Name of Applicant: Collier County Board of County Commissioners
Name and Relationship of Authorized Representative: Pamela S. Mac~Kie, Chairwoman
BY SIGNING BELOW I, Pamela S. Mac'Kie, Cha.irwoman, on behalf of the Applicant, declare that the Applicant has
duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the
Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance
required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 1999.
FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as
representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which
the Applicant seeks now, or may later. seek FTA assistance during Federal Fiscal Year 1999.
The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements
submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of
the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., as implemented by U.S. DOT regulations,
~ ' "Program Fraud Civil Remedies, "49 CFR part 31 apply to any certification, assurance or submission made to FTA.
The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in
connection witfi the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification,
assurance, or submission made in connection with any other program administered by FTA.
In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any
other statements made by me on behalf of the Applicant are true and correct.
Signature Date:
Name Pamels S. Mac'Kie, Chairwoman
Authorized Representative of Applicant
AFFIRMATION OF APPLICANT'S ATTORNEY
for Collier County Board of County Commissioners (Name of Applicant)
As the undersigned legal counsel for the above named Applicant, I hereby affirm to the Applicant that it has authority
under state and local law to make and comply with the certifications and assurances as indicated on the foregoing
pages. I further affm'n that, in my opinion, the certifications and assurances have been legally made and constitute legal
and binding obligations on the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or
imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the
project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I will
notify the Applicant promptly, which may so inform FTA.
Signature ~ ~ Date: '7-- ~]"' '~ q
me Davia C. ~eigel~d~unty Attorney
~ApT~licant's Attorney
Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each FTA Grantee with an activ~
formula project must provide an Attorney's affirmation of the Applicant's legal capacity. The Applicant may enter its P N nurrt~r~, ,.,,'~
in lieu of the electronic signature of its Attorney, provided the Applicant has on file this Affirmation of its Attorney in ~ 'iting~
this FederaJ fiscal year. 0 B 1999
p~ .............
EXECUTIVE SUMMARY
APPROVAL OF AMENDMENT NO.1 FOR CONTRACT GC526 WITH THE FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (FDEP)
OBJECTIVE: To have the Board of County Commissioners approve the attached
amendment between the County and the Florida Department of Environmental
Protection (FDEP Contract Number GC526) , effective July 13, 1999, to
continue to perform petroleum storage facility assessments within the
County.
CONSIDERATION: A local Storage Tank Program is being accomplished by this
State Contract, which pays for all costs associated with this program.
GROWTH MANAGEMENT IMPACT: This program partially satisfies Goal 3 of the
Conservation and Coastal Management Element which states that "The County
shall protect the County' s ground water resources to ensure the highest
water quality practical." This program is also specified in Objective 9.4
of the Conservation and Coastal Management Element, which requires "The
County to establish a local storage tank program."
FISCAL IMPACT: FDEP will reimburse the County for work conducted not to
exceed $125,827.00, including personnel, equipment, 'and training costs
needed to implement the scope of the work under the Contract. This program
has been included in FY 99/00 Budget, and has been appropriated in Fund
114, Pollution Control Fund, in the amount of $121,600.
RECOMMENDATION: That the Board of County Commissioners, by approving this
item on the Consent Agenda:
(1) Authorize the Chairman to sign the attached Amendment No. 1 (FDEP GC526)
with the Florida Department of Environmental Protection effective July
13, 1999.
(2) Authorize the Staff to process budget amendments to reflect final
figures and to implement the executed amendment.
j ~- d '~.. ~- ~r.k-' DATE: / ' i / /
Mary Cornelisse
Clerical Supervisor
RzvxEwzD BY: mATE:
G. Ge~orge Yilmaz, Ph.D., P.E., P.H., Director
APPROVED BY: Po,. lo /' ntro / - nt~on D m
~t A. Cautero, AICP, Administrato~
'Community Development & Environmental Services Division
GY :mc :executive summary ..
Attachment
AUG 0 3 1999
DEP CONTRACT NO. GC526
AMENDMENT NO. 1
THIS CONTRACT as entered into on the 1sT day of October, 1997, between the
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as
the "Department" or "DEP") and the COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (hereinafter referred to as the "CONTRACTOR") is hereby amended.
WHEREAS, the Department repealed Chapter 62-762, Florida Administrative Code
effective July 13m, 1998; and,
WHEREAS, several of the attachments included as part of the Contract have been revised
as guidance documents and are subject to change periodically; and,
WHEREAS, modification of the general provisions of the Contract are necessary due to
program changes.
-~.
NOW, THEREFORE, the parties hereto agree to the following:
* All references to Chapter 62-762, Florida Administrative Code, are hereby deleted.
· Paragraph 1 .B of the SCOPE OF SERVICES section is hereby replaced in its entirety with
the following:
B. Meeting with the owners or operators of all regulated facilities in Collier County
and determining compliance with Chapter 62-761, F.A.C., and Chapter 376,
Florida Statutes, with the exception of CONTRACTOR-owned/operated facilities.
Inspections should be performed in accordance with each executed Task
Assignment in the following priority order:
1. Perform a discharge inspection at all facilities with known or suspected
discharges involving free product within twenty-four (24) hours of receipt of
notification. Send Cleanup Notification letter to facility owners or operators.
2. Perform a discharge inspection at all facilities with known or suspected
discharges within ten (10) working days of receipt of notification. Send
Cleanup Notification Letter to facility owners or operators, if appropriate.
3.Perform all Closure Inspections at all known storage tank system closure
activities.
4. Perform all installation inspections of new installations in Collier
ensure that the system is properly installed and constructed in accor~ an ~Vi
the applicable provisions of Chapter 62-761, F.A.C. AUG 0
DEP Contract No. GC526, Amendment No. 1, Page I of 7
5. Perform routine compliance inspections and required re-inspections at
facilities listed on each executed Task Assignment. The list will include all
facilities with at least one regulated system.
6. The CONTRACTOR will perform routine compliance inspections and
required re-inspections of facilities listed on each executed Task Assignment
based on resources and priorities. Facilities not inspected during the current
executed Task Assignment must be inspected during the subsequent Task
Assignment.
7. Re-inspections should be performed only as needed to verify compliance of
items previously identified as having a moderate or major potential for harm
to the environment or a moderate or major extent of deviation from the
regulations, as referenced in the Storage Tank Penalty Guidelines and
Assessments Memo (Guidance Document A) and Appendix A of the Storage
Tank & Contamination Monitoring System Guidelines (Guidance Document
D). All violations, regardless of severity, which solely involve notification or
reporting, will not require a re-inspection. The CONTRACTOR may not
perform an indicated re-inspection if the CONTRACTOR and the
Department's Task Manager agree it is unwarranted.
·Paragraph 1.D of the SCOPE OF SERVICES section is hereby replaced in its entirety with
the following:
D. Complete inspection forms (Guidance Document E) in accordance with the
minimum standards referenced in Guidance Document D.
· Paragraph 2 of the SCOPE OF SERVICES section is hereby replaced in its entirety with the
following:
2. Perform Level One Enforcement actions. These actions shall include
investigation and documentation of violations, preparation of noncompliance
letters and waming letters and related activities as described in Attachment A and
in accordance with the Storage Tank Program Guidance Memo on Post Inspection
Procedures (Guidance Document B) and Level of Effort Memo (Guidance
Document H). Level One enforcement activities shall be conducted by an
individual(s) in a position equivalent to an Environmental Specialist II level or
higher. Noncompliance letters may be prepared and sent by an individual(s) at the
Environmental Specialist I level under the direction of an individual at the
Environmental Specialist II level or higher. All enforcement documents shall be
on DEP forms, in DEP format, or have DEP approval. Any penalties assessed
under this Contract shall be in accordance with DEP's penalty
procedures.
AUG 0
DEP Contract No. GC526, Amendment No. 1, Page 2 of 7
· Paragraph 3 of the SCOPE OF SERVICES section is hereby replaced in its entirety with the
following:
3. The CONTRACTOR shall assess performance levels monthly to determine its
progress towards completion of each Task Assignment and upon discovery shal.1
notify the DEP Task Manager of any problems that would delay or prevent the
timely progress and completion of each Task Assignment. Four months from the
effective date of each Task Assignment, the CONTRACTOR should have
completed 33 percent of the required routine compliance inspections as indicated
by the Task Assignment. If the actual number of required routine compliance
inspections falls below 20 percent for the fourth month, 30 percent for the fifth
month, 40% percent for the sixth month, 48 percent for the seventh month, 57
percent for the eighth month, 65 percent for the ninth month, 73 percent for the
tenth month, or 82 percent for the eleventh month, then the CONTRACTOR shall
submit a Corrective Action Plan, within ten (10) days of receipt of a written
request from the DEP Task Manager, to the DEP Task Manager describing the
steps it will take to meet the terms of the Task Assignment. If there is any
indication that other required inspections are not being performed, the DE.P.. Task
Manager may request the submission of a Corrective Action Plan. The DEP Task
Manager shall be responsible for reviewing the plan and notifying the
CONTRACTOR if the plan is approved or in need of revision. If the
CONTRACTOR does not successfully implement the Plan as approved by the
DEP Task Manager for the remaining months of the Task Assignment, the
Department may withhold further payment of monthly invoices until such time as
the CONTRACTOR comes into compliance with those performance levels as
outlined above. A completion rate of 100 percent is required for those activities
described in paragraph 1, above, and as set forth in the Task Assignment. In the
event the CONTRACTOR is unable to meet 100% performance levels set forth in
the Task Assignment, the Department reserves the fight to seek cost recovery
according to the percentage of the mount identified in the executed Task
Assignment, unless failure of the CONTRACTOR to perform is documented to be
beyond the foreseeable control of the CONTRACTOR (i.e. a force majeure
event).
· Paragraph 1 of the CONTRACTOR RESPONSIBILITIES section is hereby revised to read
as follows:
1. Administer the compliance verification program, provide technical assistance, and
perform enforcement actions. Enter into STCM and PCTS related data generated
from the inspections under the direction of the DEP prior to the submittal of an
invoice and yellow copies of the compliance verification forms to the District.
· Paragraph 12 of the CONTRACTOR RESPONSIBILITIES section is hereby revised to read
as follows:
AUG 0 3 1999
DEP Contract No. GC526, Amendment No. 1, Page 3 of 7
12. Perform all clerical and data entry activities for the above mentioned tasks, by an
individual at a minimum equivalent to a Secretary Specialist level or higher. Data
entry will be performed in accordance with the Storage Tank & Contamination
Monitoring System Guidelines and meet the time frame established in the Reports
and Deliverables section of this Contract.
· Paragraph 20 of the CONTRACTOR RESPONSIBILITIES section is hereby revised to read
as follows:
20. Acknowledge receipt of the following guidance documents:
A. Storage Tank Penalty Guidelines and Assessments Memo
B. Storage Tank Program Guidance Memo on Post Inspection Procedures
C. Pollutant Storage Tank Closure Assessment Requirements
D. Storage Tank & Contamination Monitoring System Guidelines
E. Storage Tank Facility Compliance Inspection Report Form and Database
Entry Forms
F. Compliance Verification Program Local Program Review Form
G. Contractual Services Invoice '~:
H. Level of Effort Memo
The CONTRACTOR agrees that the services required under this Contract shall be
performed in accordance with the above listed guidance documents and as those
documents may be amended from time to time.
· Paragraph 8 of the DEP RESPONSIBILITIES section is hereby revised to read as follows:
8. At least once annually, perform a Program Review using the Compliance
Verification Program Local Program Review Form (Guidance Document F). The
CONTRACTOR shall be notified, in writing, at least fourteen (14) calendar days
prior to performance of such review. The DEP Task Manager may perform
additional program reviews, as deemed necessary, to insure the required
performance of the CONTRACTOR.
· The REPORTS AND DELIVERABLES section of the Contract is hereby revised to read as
follows:
In an effort to conserve and recycle natural resources, the CONTRACTOR shall submit all
reports and correspondence generated under this Contract on recycled paper.
The CONTRACTOR shall complete the appropriate section(s) of the Storage Tank Facility
Compliance Inspection Report Form and Database Entry Forms (Guidance Document E) for
each facility inspected. The CONTRACTOR shall send copies to the DEP Task Manager's
attention at the Florida Department of Environmental Protection, South Dish~i~t
Storage Tank Regulation Section, 2295 Victoria Avenue, Suite 364, Ft. Mye 's,
33901, on a monthly basis, and enter this information, along with enforcemel kt tr~nB
I~EP Contract No. GC526, Amendment No. 1, Page 4 of 7
· "' information, into the DEP computer database by the 10'h day of the following month. The
yellow copy of all compliance verification forms completed each month shall be submitted
along with the invoice to the DEP-District Office no later than the 15m day of the following
month. If the 15th falls on a weekend or State observed holiday, the CONTRACTOR shall
submit the required information no later than the next business day following the weekend or
holiday.
The DEP Task Manager shall verify the number of compliance verification inspection forms
received and entered into the STCM database before the monthly invoice is forwarded to the
Bureau of Petroleum Storage Systems in Tallahassee, Florida for processing. The DEP has
ten (10) working days from the receipt of all deliverables and reports to review the work
performed by the CONTRACTOR during the invoice period. If the CONTRACTOR fails to
perform as directed by the terms of this Contract, the DEP shall return the unpaid invoice
and/or reports and deliverables to the CONTRACTOR documenting the areas in which the
CONTRACTOR has failed to meet its contractual obligations.
· The PAYMENTS section of the Contract is hereby revised to read as follows:
The CONTRACTOR shall submit monthly invoices in the amount specified in the executed
Task Assignment. Each invoice shall be submitted using the Contractual Services Invoice
,--- form provided as Guidance Document G. Each invoice is due no later than the 15~h day of the
month following the month of services. Travel expenses associated with the annual meeting,
Storage Tank Program Guidance Meetings, Tanks Program Supervisor's Meetings, and travel
required for inspections, enforcement re-inspections, district coordination, training and
monthly teleconferences are included in the monthly payment schedule and no additional
travel expenses will be authorized. Each invoice must be submitted in detail sufficient for
pre-audit and post-audit review. A final invoice must be submitted within thirty (30) days of
the completion date of the end of the executed Task Assigmnent to assure the availability of
funding for payment. The DEP shall pay all satisfactory invoices in accordance with Section
215.422, Florida Statutes. Two copies of each invoice shall be submitted to:
Department of Environmental Protection
South District Office
Attn: Send to the DEP Task Manager ~ Attention
2295 Victoria Avenue, Suite 364
Ft. Myers, Florida 33901
Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have
five (5) working days, unless otherwise specified herein, to inspect and approve the services
for payment; the Department must submit a request for payment to the Florida Department of
Banking and Finance within twenty (20) days; and the Department of Banking and Finance is
given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is
· """' received or services received, inspected, and approved. Invoice payment requirements do not
start Citil a proper and correct invoice has been received. Invoices which have to b ;re ntud~o.~A
to a contractor for correction(s) will result in a delay in the payment. A Vendor Or ~buds~e~ffH'~)
has been established within the Florida Department of Banking and Finance wl: m~] 3 1999
DEP Contract No. GC526, Amendment No. 1, Paine S of 7
contacted if a contractor is experiencing problems in obtaining timely payment(s) fi'om a
State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or
1-800-848-3792.
In accordance with Section 215.422, Florida Statutes, the Department shall pay the
CONTRACTOR, interest at a rate as established by Section 55.03(1), Florida Statutes on the
unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days
after receipt of a correct invoice and receipt, inspection, and approval of the goods and
services. Interest payments of less than $1 will not be enforced unless a contractor requests
payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's
Memorandum No. 11 (1998-99) dated December 2, 1998, has been set at 10% per annum or
.02740% per day. The revised interest rate for each calendar year beyond 1999 for which the
term of this Contract is in effect can be obtained by calling the Department of Banking and
Finance, Vendor Ombudsman at the telephone number provided above or the Department's
Contracts Section at 850/922-5942.
· The following attachments are hereby deleted in their entirety.
=::,Attachment C, Pollutant Storage System Compliance Inspection Verification Program
Review (7 pages)
:=>Attachment D, Pollutant Storage Tank System Inspection Report Form (9 pages)
:=>Attachment E, Florida Petroleum Liability and Restoration Insurance Program Checklist
(2 pages)
:=>Attachment F, Contractual Services Invoice Form (4 pages)
In all other respects, the Contract' of which this is an Amendment, and attachments
relative thereto, shall remain in full force and effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
AUG 0 3 1999
DEP Contract No. GC526, Amendment No. 1, Page 6 of 7
12N WITNESS WHER_EOF, the parties have caused this Affnendment to be duly executed
day and year last written below.
COLLIER COUNTY BOARD OF FLORIDA DEPARTMENT OF
COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION
By: By: ~//~
Title: Pamela S. Mac ' Kj.e, Cha:[rxqoman Secretary or designee
DEP Contracts i
ATTEST:
DWIGHT E. BROCK, CLERK Approved as to form and legality:
AUG 0 3 1999
DEP Contract No. GC526, Amendment No. l, ~e~e ? of ?
EXECUTIVE SUMMARY
ADOPTION OF THE PUBLIC TRANSPORTATION DEVELOPMENT PLAN AND
CREATION OF A PUBLIC TRANSPORTATION MANAGER POSITION
Objective: Adoption of the Public Transportation Development Plan and creation of a
Public Transportation Manager position.
Considerations: The Metropolitan Planning Organization (MPO) recently adopted the
Public Transportation Development Plan (PTDP) produced by the Center for Urban
Transportation Research (CUTR), and directed staff to follow the fast track scenario in their
application for state and federal transit capital and operating funds. The MPO also
recommended that the Board of County Commissioners (BCC) act as the Governing Agency
for transit in Collier County, and be the applicant of record for the above mentioned funds.
Adoption by the BCC of the PTDP is a necessary prerequisite for the County's application to
receive such funds.
Staff and the Florida Department of Transportation agree that the amount of time required by
county staff in connection with the County' s new role as the Community Transportation
Coordinator (CTC), along with the impending responsibilities connected with being the
Governing Agency for transit, require a full time staff position.
The costs associated with such a staff position can be fully supported by Federal Transit
Administration (FTA) Section 5307 grant funds. The County's role as the CTC allows the
Commission for Transportation Disadvantaged Trust Fund payments to Collier County to
satisfy the local match requirement connected to the use of Section 5307 funds.
The Executive Summary for the Final Report of the PTDP is attached. Table 9 (pg. 33) has
been modified to reflect an application in FY00 for FTA Section 5307 funds. The amount is
an estimate of the annual total cost of a full time staff position. The amount-of Section 5307
funds available far exceeds the amount shown. Expenses on such a grant could be incurred
beginning October 1, 1999. The occupant of the position would be the staff contact person on
all CTC operational matters, and all transit matters.
Fiscal Impact: According to the PTDP's financial summary, no local contribution will be
required until FY06. This is based on operating expense estimates that include the Public
Transportation Manager's salary and benefits totaling about $50,000 per year. The FY00
tentative budget will need to be amended by resolution during the September 1999 public
hearings to reflect the new position.
Growth Management Impact: None.
Recommendations: Staff recommends that the Board of County Commissioners adopt the
Public Transportation Development Plan.
Staff recommends that the Board of County Commissioners authorize the Chairwoman to
sign the attached letter acknowledging the County' s role as the Governing Agency for transit ICe {3c ~t,.e
AUG - 3 19{
in Collier County. ] Pg. ~
Staff recommends the application for all funds indicated in Table 9 of the Executive
Summary as it becomes appropriate to do so.
Staff recomn~ends the creation of a Public Transportation Manager position, to begin as
soon after October 1, 1999 as possible.
Staff recommends that the Board of County Commissioners authorize all budget
amendments required for the receipt of grant funds identified in the PTDP.
"-
Prepared by: / - ""' -- '7 -'--"' Date:'
Gavin Jones, P.E., Transportation Planning Manager
Reviewed by: Rob~:~ Date:7- f{ ",~s
ZAICV, Planning Services Director
Approved by: (fZ' ~ Date: 7~'/~'~::
*"" Vincent A. Cautero, AICP, Community Development &
Enviromnental Services Administrator
AGENDA M
It_, A ----:,
AUS 0 3 99
Pg. ,.,0,
Collier County
Public
Transportation
Development Plan
FY2OOO-FY2004
Executive Summary
June 1999
AUG 8 3 1999
AP..~J~IDA ITEM
~U~ 0 ~ 1~
Pg. ~7~
Collier County Public Transportation Development Plan
Collier County Metropolitan Planning Organization
2800 North Horseshoe Drive
Naples, Florida 34104
(941) 403-2400
Fax (941) 643-6968
Project Manager: Gavin Jones
Center for Urban Transportation Research
University of South Florida
College of Engineering
4202 E. Fowler Avenue, CUT 100
Tampa, Florida 33620-5375
- (813) 974-3120
Suncorn 574-3120
Fax (813) 974-5168
Director: Gary L. Brosch
Project Managers: Jennifer A. Hardin
Laura C. Lachance
Project Staff: Dennis Hinebaugh
Chris DeAnnuntis
Chris Billingstey
Martin Catala
Leilani Francisco
Capdce Gadng
Transit Review Advisory Committee Members
Pat Baisley Ed Ilschner
Sally Barker Edward Kant
Mario Delgado Chuck Mohlke
Art Doberstein Julia Savage
Carolyn Hawkins Fran Theberge
ITEM
1999
.
Collier County Public Transportation Development Plan
AGENDA ITEM
LU3 0 3 1999
Collier County Public Transportation Development Plan.
TABLE OF CONTENTS
List of Tables .........................................................................................................................v
Preface ..................................................................................................................................vii
Introduction .............................................................................................................................1
Plan Overview .........................................................................................................................1
Five-Year Public Transportation Development Program .....................................................4
Service Overview .....................................................................................4
Management Strategy ............................................................................................................18
Implementation Schedule .......................................................................................................19
Five-Year Financial Plan and Capital Improvement Program ............................................21
Capital Expenses and Revenues ............................................................................................21
; ' Operating Expenses and Revenues .......................................................................................23
Mid-Range Operating and Capital Cost Estimates (FY05 through FY09) .............. · ..................27
Fast-Track Scenario: Five-Year Financial Plan and Capital Improvement Program ................ 28
AGENDA ITEM
iii AU5 0 3 1999
Collier County Public Transportation Development Plan
ff AGE. NDA ITEM '
iv AU3 0 3 1999
Collier County Public Transportation Development Plan
LIST OF TABLES
Table 1: Service Area, Ridership, and Vehicles for Deviated Fixed-Route Transit Service ........ 5
Table 2: Estimates of Vehicle Capital Expenses for Deviated Fixed-Route by Area ................ 15
Table 3: Estimates of Annual Operating Expense for Deviated Fixed-Route Service .............. 16
Table 4: Estimates of Annual Operating Expense for Vanpool Service ................................... 17
Table 5: Estimates of County and User Annual Expenses for a Vanpool Program .................. 18
Table 6: Summary Capital Financial Plan - Collier County Five-Year
Public Transportation Development Plan ..................................................................30
Table 7: Summary Operating Financial Plan - Collier County Five-Year
Public Transportation Development Plan ..................................................................31
Table 8: (Fast Track Scenario) Summary Capital Financial Plan
- Collier County Five-Year Public Transportation Development Plan ....................... 32
Table 9: (Fast Track Scenario) Summary Operating Financial Plan
- Collier County Five-Year Public Transportation Development Plan ....................... 33
v AUG u 3 i999
Collier County Public TransportaUon Development Plan.
E' AGF_.NDA ITEM
vi ~ /.L'3 O 3 1999
Collier County Public Transportation Development Plan
PREFACE
The Collier County Metropolitan Planning Organization (MPO) contracted with the Center for
Urban Transportation Research (CUTR) at the University of South Florida to prepare a Five-
Year Public Transpodation Development Plan (TDP) for Collier County. This document was
developed in accordance with the Transit Development Requirements (TDP) developed by the
Florida Depadment of Transportation (FDOT). CUTR, with the assistance of a Transit Review
Advisory Committee (TRAC), MPO Staff, and the local community, undertook a thorough
analysis of the local community to determine options for providing public transportation services
locally.
Seven chapters were developed for this document. The first chapter includes Collier County
demographic and economic data, citizen survey results, and results from interviews with
community leaders. The second chapter evaluates the existing public transportation services in
Collier County and also contains an inventory of existing public transportation providers.
Chapter Three evaluates the potential for additional public transportation services in Collier
County by examining public transportation services available in other communities, and
demographic and operating statistics for small public transportation systems in other
communities. Chapter Four contains ridership and demand projections, as well as a needs
assessment. The fifth chapter identifies TDP goals, objectives, and strategies, and
demonstrates their connection with goals specified in other planning documents. In Chapter
Six, public transportation alternatives for Collier County are presented. In the final chapter,
Chapter Seven, a Five-Year Public Transportation Development Program is presented.
AGENDA ITE.
vii O 3 1999
pg. //
Collier County Public Transportation Development Plan
f ' AGENDA"ITEM
:' i.L:3 G 3 1999
viii
~../,2
,
Collier County Public Transportation Development Plan
EXECUTIVE SUMMARY
INTRODUCTION
The Collier County Metropolitan Planning Organization (MPO) contracted with the Center for
Urban Transportation Research (CUTR) at the University of South Florida to prepare a Five-
Year Public Transportation Development Plan (TDP) for Collier County. A TDP defines a
community's vision for public transportation along with providing an assessment of public
transportation needs. It serves as the basis for a staged implementation program to set priorities
for improvement. The Flodda Department of Transportation (FDOT) requires that a community
develop a Five-Year Public Transportation Development Plan in order to establish and maintain
eligibility for state funding through the FDOT Block Grant.
CUTR, with the assistance of a Transit Review Advisory Committee (TRAC), MPO Staff, and
the local community, undertook a thorough analysis of the local community to determine public
transportation needs and develop options for the provision of public transportation services
locally. The following two sections summarize the information contained in the five-year plan.
The next section highlights the first six chapters of the document. These chapters set the stage
for the development of public transportation in Collier County. The third section outlines the
Five-Year Public Transpodation Development Program, including capital and operating
expenses and revenues, that has been recommended for Collier County.
PLAN OVERVIEW
Seven chapters were developed for this document. The first chapter includes Collier County
demographic and economic data, citizen survey results, and results from interviews with
community leaders. The second chapter evaluates the existing public transportation services in
Collier County and also contains an inventory of existing public transportation providers.
Chapter Three evaluates the potential for additional public transportation services in Collier
County by examining public transportation services available in other communities, and
demographic and operating statistics for small public transportation systems in other
communities. Chapter Four contains aldership and demand projections, as well as a needs
assessment. The fifth chapter identifies TDP goals, objectives, and strategies, and
demonstrates their connection with goals specified in other planning documents. In Chapter
Six, public .transportation alternatives for Collier County are presented. In the final chapter,
Chapter Seven, a Five-Year Public Transportation Development Program is presented. This
section contains summaries of the first six chapters of the TDP.
J A~A ITF. k
.1 1999
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Collier County Public Transportation Development Plan.
Demographic and Economic Data, Surveys, and Interviews
The first chapter of the report contains an examination of the distribution of relevant
demographic and economic characteristics of Collier County such as population density, age,
income, vehicle availability, employment, and work travel behavior.
Findings from surveys with citizens and interviews with community leaders are also summarized
in Chapter One. These surveys and interviews indicated that there is a need for public
transportation services particularly for seniors, persons with disabilities, low-income workers,
and children.
Evaluation and Inventory of Current Transportation Services
Chapter Two contains an inventory and evaluation of Collier County's existing public
transportation services. The inventory contains organizations providing a variety of public
transportation services including local taxi service, airport shuttle service, limousine service, and
charter service. Most of these services, however, serve airports, cruiseports, hotels, and tourist
attractions. A list of all of the public transportation services available in Collier County is
contained in Table 2ol and Appendix C of the full TDP document.
Potential for Additional Public Transportation Services
Chapter Three was prepared to evaluate the potential for vadous types of public transportation
service in Collier County. The chapter contains general descriptions of public transportation
options, including fixed-route service, deviated fixed-route service, community circulators,
demand-responsive service (paratransit service), volunteer networks, user-side subsidy,
carpools, and vanpools. In addition, Collier County was compared to other areas in the
Southeastern part of the US that have small transit systems operating five vehicles or less.
These areas include Panama City, FL; Key West, FL; Pasco County, FL; Port Arthur, TX; San
Angelo, TX; and Tuscaloosa, AL.
Estimation of Demand and Assessment of Need
In Chapter Four the demand for public transportation services in Collier County is estimated.
The estimates include the demand for transportation disadvantaged (TD) services (i.e., services
provided and coordinated by the CTC) in Collier County, and the demand for traditional fixed-
route transit service. The estimates indicated that there is an unmet demand of approximately
160,000 TD trips in Collier County. In addition, demand estimates for fixed-route service in
Collier County, if the entire urbanized area was served, range from 228,000 trips "~nn nnn
' ' ' AGENDA rl'F.M
trips per year. No,~
Collier County Public Transportation Development Plan
Goals, Objectives, and Strategies
The specification of goals, objectives, and strategies is a major element of the TDP. Chapter
Five includes a TDP goal, objectives, and strategies that were developed based on input from
the TRAC, MPO staff, interviews with community leaders, and input from the general public.
The following is the goal that was developed for the TDP (Corresponding objectives and
strategies are contained in Chapter Five of the full TDP document.).
Goal:
The Collier County Public Transportation Development Plan will identify means by which
local government units and private-business enterprises may plan, develop, and
implement a flexible, safe, efficient, visually-appealing, environmentally sound, and cost-
effective public transportation system that provides for the mobility of residents and
visitors, while being coordinated with local land use planning and economic development
goals.
Public Transportation Alternatives for Collier County
Public transportation alternatives for Collier County are presented in Chapter Six. Information
from this chapter was used to develop the final chapter containing the Five-Year Public
Transportation Development Program. Public transportation options that were considered
include expanded paratransit services, deviated fixed-route services, community circulators,
vanpools, and intercity shuttles.
A~,NDA IT~
tCc ~
A U
3 US '3 19~9
p~. /,~"
Collier County Public Transportation Development Plan.
FIVE-YEAR PUBLIC TRANSPORTATION DEVELOPMENT PROGRAM
After analyzing base data (including demographic information), conducting inten/iews,
discussion groups, and public workshops, evaluating the potential for public transportation
services, estimating demand, and developing goals and objectives it has been determined that
a need, as well as a desire, for public transportation exists in Collier County. The following
sections outline the proposed public transportation programs for Collier County over the next
five years. These sections include a service overview, management strategy, implementation
schedule, and five-year financial plan and capital improvement program.
Service Overview
Based on input from the public and information collected from all phases of this project, it is
recommended that three core public transportation programs be developed in Collier County.
These three programs should be focused upon during the next phase of developing public
transportation in Collier County, the Transit Operation Plan (TOP). The three recommended
programs are:
· Deviated Fixed-Route Service;
· Commuter Assistance Program;
· Vanpool Service.
General descriptions of deviated fixed-route service, a commuter assistance program, and
vanpool service; descriptions of suggested service areas and characteristics; and estimated
capital and operating expenses are contained in this section. The suggested levels of service
for these programs represent basic public transportation service that could be expanded upon in
the future.
Deviated Fixed-Route Service
In a deviated fixed-route service, a vehicle operates along a published fixed route, making
scheduled stops along the way. Vehicles will deviate one to two blocks, or more, from the route,
however, to pick up and drop off passengers upon request. After deviating, a vehicle then
immediately returns to the fixed-route at the point at which it departed so that it does not skip any
stops on the fixed-route portion of the service. Route deviation is described as a hybdd public
transportation service with features of fixed-route, fixed-schedule transit-service and demand-
responsive, curb-to-curb service (i.e., the ddver will not help the passenger to the door).
One added characteristic of route-deviated service is that it is officially defined as
responsive, therefore, any system operating this service would not need tc ol~ac~t~e,A~m~__~~
1999
Pg. Z'.~
Collier County Public Transportation Development Plan
complementary paratransit service as required by the Americans with Disabilities Act of 1990 ~
This definition was taken from the ADA Paratransit Handbook: Implementing the Complementary
Paratransit Service Requirements of the Americans with Disabilities Act of 1990, by the Urban
Mass Transportation Administration (now the Federal Transit Administration) of the U.S.
Department of Transportation.
Service Description and Area
Four geographical areas are recommended for deviated fixed-route service in Collier County.
These four areas along with annual ridership estimates and the number of vehicles required to
operate the service are listed in Table 1. (The areas are also iljustrated in Maps 1 and 2.)
Table 1
Service Areas, Ridership, and Vehicles for Deviated Fixed-Route Transit Service
Collier County
us 41 (from Bonita Spdngs Road to Naples Manor) 86,900 2
Golden Gate Parkway (from Golden Gate to Coastland Mall) 43,450 1
Immokalee Circulator 24,000 1
Shuttle from Immokalee to Naples 24,000 1
~Ridership estimates based on mature service (i.e., after the third year of service).
The first service area listed in Table 1 and shown on Map I is the US 41 corridor from Bonita
Spdngs Road in Lee County to Naples Manor (South of the County Government Center). It is
not suggested that service must be provided only on US 41. Areas within 3/4 mile on either side
of US 41 may be considered for service. Areas of consideration include Bonita Springs (with a
connection to LeeTran service), Naples Park, Naples Community Hospital, Coastland Mall,
Downtown Naples, 10t" Street Neighborhoods, the County Government Center, and Naples
Manor. Specific routing will be determined dudng the TOP phase.
The second service area listed in Table 1 and shown on Map 1 is the Golden Gate Parkway
corddor connecting Golden Gate and Coastland Mall. Similar to the US 41 corridor, it is not
suggested that service must be provided only along Golden Gate Parkway. Areas within 3/4 mile
on either side of the corddor will be considered for service. Areas of consideration include
Golden Gate, James Lorenzo Walker Vocational-Technical Center, neighborhoods along Davis
Road, and Coastland Mall. Specific routing will be determined during the TOP phase.
l ADA Complementary Paratransit service must "shadow" the fixed-mute service area and a comparable
level of paratmnsit service must be provided for persons who cannot use the fixed-route sen/it beCatDA ITF.~
of a disability.
s .z','j.; O 3 1999
:
Collier County Public Transportation Development Plan.
Service within the Immokalee area (shown in Map 2) would follow a route similar to the service
that was provided by the former CTC of Collier County, Good VVheels. This service consisted of
two routes (A and B) that meet at the public library in Immokalee.
Service between Immokalee and Naples would follow a route similar to the service that was
formerly provided by the former CTC of Collier County,
For each of the area options presented in this section, certain assumptions about the
characteristics of public transportation service were made. It was assumed that the corridors in
the urban area would receive hourly service, Monday through Saturday for 13 hours per day
(6:00 a.m. to 7:00 p.m.). The Immokalee Circulator would receive service 11 hours per day
(7:00 a.m. to 6:00 p.m.) Monday through Saturday. The shuttle between Immokalee and Naples
would receive service Monday through Friday for 10 hours per day (7:00 a.m. to 5:00 p.m.).
Based on these hours of service, total annual revenue hours by route were estimated and are
included in Table 3 later in this section.
Also contained in Table 1 is an estimate of the number of vehicles required to provide the
assumed level of service. (Note: The Immokalee Circulator and the shuttle between Immokalee
and Naples will not require new vehicles. Vehicles operated under the CTC system will be used
for these services.)
1999
Map 1: Areas for Deviated
Fixed-Route Service (Naples)
~,.~ ~i
, : LEGEND
~ Pr~ensi~ to Use Transit
:c~ D Low
~ ; ~ B M~ium
I ,' I High
{ ....L ~ Ve~ High
· Su~ Housing
,,. ~-~
/-~ A~3 0 3 lgg9
Collier County Public Transportation Development Plan
AGEND A ITEM
8 ~ AU~ 0 3 1999
Map 2: Areas for Deviated
Fixed-Route Service (Immokalee)
/
,/
LEGEND
Propensity to Use ransit
[] Low
[] MeditJm ~ ~GENDA I ....
[] High i No,
V '
[] ery ~ig 'if,_, ~1- r~
Collier County Public Transportation Development Plan
AGEN~A ITEM
Collier County Public Transportation Development Plan
Vehicles
Due to the anticipated ridership, the type of streets on which service could operate, and input
from the public, it is recommended that smaller, 25-foot medium-duty buses be used in Collier
County. These vehicles generally seat approximately 18 passengers with room for up to five
standees. These vehicles are currently available through the FDOT Florida Vehicle
Procurement Program (FVPP)~. Any vehicle used for this proposed service must be
handicapped accessible. (Photographs of sample vehicles are contained on the following
page.)
Consideration should be given to the purchase of low-floor buses. A low-floor bus has been
defined as a bus which has a vehicle floor sufficiently low and level enough to remove the need
for steps for passenger boarding and alighting. Transit agencies choose low-floor buses to
provide more user-friendly and easier access for all customers, including, adults, children,
people with disabilities, seniors, people carrying infants and/or with strollers, and people
carrying packages. Currently, low-floor buses are not available through the FVPP Program.
However, they may be available in future years of the program when Collier County could be
participating in the program. The cost of these vehicles is more than standard non low-floor
buses.
Consideration should also be given to the purchase of vehicles that use alternative fuels. The
Transit Cooperative Research Program Report Number 38 entitled, "Guidebook for Evaluating,
Selecting and Implementing Fuel Choices for Transit Bus Operations", which was completed in
1998, classified eight alternative fuels currently approved for use in transit buses in the United
States. These eight fuels are battery-electric propulsion, hybrid-electric propulsion, methanoi
and ethanol, compressed natural gas, liquefied natural gas, liquid petroleum gas, fuel cells, and
biodiesel fuels. Strong consideration should be given in the TOP for alternative fuel vehicles.
However, there is generally an added cost to vehicles that use alternative fuels instead of
conventional fuels.
i The Florida Vehicle Procurement Program (FVPP) was established in May 1995. The main goal of the
program is to assist agencies in procuring well-equipped and well built public transportation vehicles at a
lower cost while meeting all state and federal mandates. The FVPP Program is sponsored by the FDOT /
Public Transit Office. Activities of the program are managed by the Center for Urban Transpor ation AGENDA ITEk
Research. No. ~
11 AL"'
Pe. ~
Collier County Public Transportation Development Plan
Sample Public Transportation Vehicles
25-Foot, Medium-Duty, Fixed-Route Bus 25-Foot, Medium-Duty, Demand-Response Bus
22-Foot Cutaway Bus
Natural-Gas Bus
25-Foot Electric Bus
Replica Trolley-Bus
Collier County Public Transportation Development Plan
Fare Policy
In determining fare levels, it is important to set a price that will ensure adequate ridership while
still covering some costs. To keep public transportation affordable for all lower-income patrons,
a base fare of $1.00 is recommended for any deviated fixed-mute service in Collier County.
Half-price fares ($0.50) should be offered to seniors, persons with disabilities, and students.
(Note: The availability of half-price fares dudng non-peak hours of service for seniors and
persons with disabilities is required by the Federal Transit Administration for public
transportation systems that accept federal funds as stated in the FTA Act of 1964.)
Furthermore, it is recommended that a $0.10 transfer fare be charged. Riders wishing to
transfer to another bus would be required to purchase a transfer ticket on their initial tdp. This
would allow them to transfer to another route within a specified time period.
An unlimited-use monthly pass could be made available at a recommended cost of
~ - approximately $30. Advantages of a monthly pass, other than the convenience and lower cost
per trip, is the option for various social service agencies to purchase them for their clients.
Among smaller Florida transit systems, fare revenues typically offset only about 20 percent of
operating expenses.
Signage and Amenities
To adequately serve the needs of patrons along the routes, bus stops must be adequately
spaced and signed. It is recommended that bus stop signs indicating the route number or ietter
be placed every eighth of a mile along the routes, and less frequently in areas of smaller
population density.
Other amenities (e.g., shelters, benches, and passenger information displays) will be necessary
at transfer points and major bus stops. It is recommended that a total of four shelters with
amenities (e.g., benches, information displays) should be provided at key areas along routes. It
is also recommended that a transfer facility be provided at Coastland Mall, where the two
Naples routes would connect. This transfer facility would contain benches, shelter, and
extensive passenger information displays. Consideration should be given to pdvate
sponsorship opportunities of shelters, transfer facilities, and other transit amenities.
Photographs of sample shelter, benches, and information kiosks are displayed on the following
page.
AGENO A ITEM
AUG 0 3 1999
Collier County Public Transportation Development Plan
Advanced Pubtic Transportation Systems (APTS) or Intelligent Transportation Systems (ITS)
APTS are tools for public transportation agencies to enhance mobility, energy efficiency,
environmental protection, cost effectiveness, and cost efficiency of transportation services. The
following is a summary of tools that are currently available. Consideration should be given to
these tools when developing a public transportation system. These tools are used for fleet
management, traveler information, and electronic fare payment. Tools include communications
systems, geographic information systems (GIS), automatic vehicle location systems (AVL),
automatic passenger counters (APC), transit operations software (TOS), pre-trip information, in-
terminal and wayside information systems, in-vehicle information systems, and electronic fare
media.
Expenses
The following section contains estimates of expenses for deviated fixed-route service. These
expenses are separated into vehicle purchase and annual operating expenses.
Vehicle Purchase - Estimated vehicle purchase expenses are listed in Table 2. It is
-"-- recommended that three new vehicles be used for service on the urban deviated ~"=";'A~A~TEM
service. (Note: Vehicles are currently available for the Immokalee Circulator and sht .tie ,.IlL'vice ~'/'~ ;~
14
Collier County Public Transportation Development Plan
between Immokalee and Naples.) An additional fourth vehicle will be necessary to serve as a
backup vehicle in the event of breakdowns or maintenance. As stated above, it is recommended
that 25-foot medium duty buses be purchased for the route-deviated services. All of these
vehicles could potentially come from the existing CTC fleet of vehicles, but for the purposes of
this report, new vehicles have been budgeted.
Table 2
Estimates of Vehicle Capital Expenses for Deviated Fixed-Route by Area
Collier County
US 41 (from Bonita Springs Road to Naples Manor) 2 $107.000 $214,000
Golden Gate Pkwy (from Golden Gate to Coastland Mall) I $107.000 $107,000
Immokalee Circulator~ 0 n/a n/a
- Shuttle from Immokalee to Naples~ 0 n/a n/a
Systemwide Maintenance Reserve 1 $107,000 $107.000
Total Vehicle Expense 4 $107.000 $428,000
New vehicles will not need to be purchased for this service, vehicles are currentl ' available.
Annual Operating Expense - Estimates of general operating expenses were made for each of
the identified route service areas and are contained in Table 3. These estimates were based on
the average operating expense per revenue hour of service of six smaller-sized transit peers
that are presented in Chapter Three. The average operating expense per revenue hour for
these systems was approximately $40 in 1997. Total estimated annual operating expense for
the deviated fixed-route service is $790,000.
It is estimated that when the deviated fixed-route service is fully matured, the cost per trip will be
approximately $3.60. In comparison, 1998 operating expense per passenger trip for
transportation disadvantaged services in Collier County was $13.24.
A~A ITEM
is ' 0 3 1 °99
Collier County Public Transportation Development Plan
Table 3
Estimates of Annual Operating Expense for Deviated Fixed-Route Service
Collier County
Commuter Assistance Pro,qram
A Local Commuter Assistance Program (CAI5) established in a community coordinates the use
of existing transportation resources through a variety of services including computedzed trip
matching for carpools and vanpools; employee transportation planning; assistance to employers
to coordinate flexible work schedules; support for transportation disadvantaged coordinators;
and technical assistance to local governments in applying transportation demand management
(TDM) strategies as part of a growth management initiative. A CAP is a designated public
agency (e.g., County Department, MPO, transit agency) that provides these services and
generally can be funded up to 50 percent by FDOT's Commuter Assistance Program. Funds
cannot be used for the purchase of transportation resources, but they can be used for the
support and coordination of these resources. For example, a CAP could administer and
coordinate a vanpool program in Collier County as defined in the following section. However,
the funds could not be used for the purchase or operation of those vans. It is recommended
that a CAP be coordinated through a County Department.
There is also the potential to develop a Regional Commuter Assistance Program. A Regional
CAP requires the participation of more than one county (e.g., Collier, Lee, and Charlotte). The
Regional CAP can be funded up to 100 percent with FDOT Capital Assistance Program funds.
It is recommended that this alternative be explored more fully with neighboring counties.
Vanpool Service
Vanpools typically consist of 7 to 15 people (primarily work-related, commuters) traveling together
in a passenger van to a common destination. Normally, one member of the vanpool serves as the
ddver, and is often allowed to dde free and have off-hours use of the vehicle.
AGEND A ITEM
Collier County Public Transportation Development Plan.
Three hotels in Marco Island are currently leasing vans, from a company called VPSI, Inc., to
transport employees from Immokalee to hotel locations on Marco Island. These vanpools are
being driven by volunteers who am employees of the hotel and participants in the vanpools.
This service could be expanded to include more vans traveling to multiple destinations in Marco
Island, North Naples, and Naples. There are many examples in Florida of public agencies
leasing vans from a private prorider and using those vans to create vanpools for work
transportation.
This type of service can be provided for lower-density neighborhoods with long-distance work
trips, at a lower cost than fixed-mute transit because smaller vehicles and volunteer drivers are
being used. The service, however, is limited because riders must have common odgins and
destinations and must be traveling at the same time on the same days. Therefore, this type of
transportation is ideal for work trips to major employment sites, but requires some degree of
coordination.
Table 4 contains estimates of the total monthly cost of leasing and operating a vanpool,
provided by VPSI, Inc.
Table 4
Estimates of Annual Operating Expense for Vanpool Service
Collier County
~ Assumes a monthly mileage of 4,000 miles.
2 Assumes: monthly mileage of 4,000 miles; cost of gasoline equals $1.25 per gallon; and fuel economy of
13 miles/gallon for commuter, 16 miles/gallon for mini, and 20 miles/gallon for Caravan.
Source: Estimates provided by VPSI, Inc.
Service Area and Characteristics
It is recommended that the County be prepared to lease at a minimum five vans for the
formation of vanpools in Collier County. Suggested odgins and destinations include Immokalee,
Marco Island, Naples, and North Naples. Because the need for transportation from Immokalee
to Naples, North Naples, and Marco Island is so great, it is recommended that at least one to
two vans be assigned to this service pattern. However, these vans can be de .Ioyed to
whichever areas within the county have the demand for long-distance, regulady-recu~ ing Li~J~i~L~
AUG
17
Collier County Public Transportation Development Plan.
These trips should be coordinated and monitored through a commuter assistance program as
recommended and described in the previous section.
It is also recommended that the monthly lease costs be paid for by the County through federal,
state and local transportation funds, and that the monthly operating costs (e.g., fuel) be funded
by the users of the vanpools. Table 5 contains estimates of the total County and user annual
costs of a vanpool program with five vehicles.
Table 5
Estimates of County and User Annual Expenses for a Vanpool Program
Collier County
Average monthly lease cost for a 7-8 passenger van.
2 Average monthly operating cost for a 7-8 passenger van,
Management Strategy
It is recommended that, initially, the County develop a request for proposal for the operation of
deviated fixed-route service by private operators. The County would maintain responsibility for
the oversight of the service. This responsibility would include wdting grants, and fulfilling .state
and federal reporting requirements. Al~er an approximate two to three year pedod based on the
success of the service the County should reevaluate this arrangement based on cost and
organizational issues.
It is further recommended that the County acquire and own all vehicles and amenities (e.g.,
shelters and signs), so as to control the condition and safety of the fixed assets.
AGEhN)A ITEM
AUG G 3 1999
Collier County Public Transportation Development Plan.
Implementation Schedule
The following is an implementation schedule for public transportation services in Collier County.
For each of the following tasks there is an estimated date of action under a regular schedule
and an estimated date of action on a "Fast Track" schedule. The regular schedule assumes
that Collier County would wait to request federal and state funding until after the completion of
the Transit Operation Plan. If moneys were requested in the Summer of 1999 rather than the
Summer of 2000, the schedule for the implementation of new deviated fixed routes and
vanpools could be accelerated by one year (Fast Track Schedule).
The fiscal year is based on Collier County Governmenrs fiscal year, which begins July 1 and
ends June 30 of the following year.
Estimated Date of Estimated Date of
Action Action: Fast Track
· Approval of TDP by Collier County 6/18/99 6/18/99
MPO and authorization to proceed with
a Transit Operation Plan (TOP).
· Issue task order to start Transit 10/1/99 10/1/99
Operation Plan.
· Adoption of TOP by MPO 6/1/00 6/1/00
· Notify FDOT that federal and state 7/1/00 7/1/99
funds are desired.
· Develop organizational structure. 7/1/00 10/1/99
· Application to FTA for federal funds. 10/1/00 10/1/99
· Federal funds available 4/1/01 4/1/00
· Begin bid process for procurement of 4/1/01 4/1/00
public transportation vehicles. ~
· Vehicles ordered from 6/1/01 6/1/00
manufacture~FDOT Florida Vehicle
Procurement Program,
· Establish Commuter Assistance 6/1/01 6/1/00
Program.
· FDOT block grant funds available. 7/1/01 7/1/00
~ This assumes that the County would purchase the buses directly. An RFP could be wdtter u ,= '
the operator to furnish vehicles. In addition, no bid process would be needed if vehicles wer ~tpur~A ITEM
through FDOT's Florida Vehicle Procurement Program.
AL;G O 3 1999
19
Collier County Public Transportation Development Plan.
· Create and implement a marketing 10/1/01 10/1/00
plan.
· Buses delivered through FDOT 1/1/02 1/1/01
consortium.
· Procure computer hardware and 1/1/02 1/1/01
software.
· Implement deviated fixed-route transit 2/1/02 2/1/01
service and vanpool service.
The following are actions that would be completed within the fiscal years following
implementation of new deviated fixed-route transit service and vanpool service.
~ - Actions During FY 2002-2003 (Under Regular Schedule)
· Continue operation of deviated fixed-route transit service and
vanpool service.
· Evaluate public transportation services using performance
monitoring program.
· Continue marketing program.
· Update TDP.
· Apply for federal, state, and local funds.
Actions Dudnq FY 2003-2004 (Under Regular Schedule)
· Continue operation of deviated fixed-rome transit service and
vanpool service, expand if cost-feasible.
· Evaluate public transportation services using performance
monitoring program.
· Continue marketing program.
· Update TDP.
· Apply for federal, state, and local funds.
AGEhl)A ITEM
t(_:"
Pl. ~
Collier County Public Transportation Development Plan.
FIVE-YEAR FINANCIAL PLAN AND CAPITAL IMPROVEMENT PROGRAM
This section and corresponding tables summarize the expenses and revenues associated with
the proposed Five-Year Public Transportation Development Plan for Collier County.
Descriptions of capital expenses and revenues and operating expenses and revenues are
contained in the first part of this section, followed by four tables containing the actual financial
information. The tables contain financial information on the years within the five-year planning
horizon, FY00 through FY04. The tables also contain, at the request of the MPO, the five years
beyond the planning horizon of this report, FY05 through FY09.
Tables 6 and 7 present financial information for the planning period using the regular
implementation schedule (new deviated fixed-route service starting February 1, 2002). Tables 8
and 9 present financial information on a "Fast Track" schedule (new, deviated fixed-route
service starting February 1, 2001). The following description of capital expenses and revenues,
_ - and operating expenses and revenues follows the regular implementation schedule.
Capital Expenses and Revenues
Table 6 summarizes the capital expenses and revenues associated with the proposed five-year
plan, plus an additional five years beyond the five-year plan period.
Capital Expenses
Transit Operation Plan and Park and Ride Site Feasibility Study
In the first year of the five-year plan, the first step will be to develop a Transit Operation Plan
(TOP). This plan will define the specific implementation plan for a public transportation system
in Collier County. This will entail the detailed development of a public transportation system.
Funds to develop this plan will be distributed through the Unified Planning Work Program for FY
1999-2000. This plan is budgeted for $30,000.
Further, it is recommended that a Park and Ride Site Feasibility Study be performed to identify
locations for park and dde lots in Collier County or shared jointly in Lee County. This analysis
will serve as the background for a grant application to acquire FDOT Park and Ride
Construction Funding. This study is budgeted for $15,000.
Vehicles and Other Transit Amenities
Immediately upon completion of the TOP, in FY01, FDOT should be notified that f~
state funds are desired. Due to funding cycles, vehicles and other capital equipmen could' A ITL
21 AUL~ u 3 1999
Collier County Public Transportation Development Plan.
be acquired and delivered until FY02. Under this scenario, service could begin operating, at
""" the earliest, in February 2002.
Contained in Table 6 is a breakdown of estimated vehicle and transit amenities expenses.
Capital expenses include the purchase of four (three with one spare) 25-foot, medium-duty
public transportation vehicles at a cost of $107,000 per vehicle. Other estimated capital
expenses include signs, shelters, and a transfer facility. The costs of these amenities are $50
each, $6,000 each, and $25,000 each, respectively. The final capital expense within the first
five-years listed in Table 6 is the capital cost of leasing five vans for vanpool service. The
estimated capital cost per vehicle is $10,400 annually. This estimate is based on the
assumption that two-thirds of the lease cost can be capitalized under arrangements authorized
by the Federal Transit Administration, 49 CFR Part 639 (Capital Leases).
Park and Ride Lot Construction
Given the results of the Park and Ride Site F~asibility Study that will be performed in FY00, it is
assumed that a Park and Ride lot will be constructed in FY04. Possible locations of this Park
and Ride lot include the County Line shared with Lee County or the Eastern part of the Naples
Urbanized Area, however, the locations will be determined in the Park and Ride Site Feasibility
Study.
Capital Revenues
Federal Transit Administration Section 5303 (Planning)
Federal planning funds may be secured from FTA Section 5303 Planning funds. These are
funds that are distributed to local areas for planning activities. These funds could be used
specifically for the development of the Transit Operation Plan. These funds will cover up to 80
percent of the planning expense, with a 20 percent state/local match.
FDO T Park and Ride Funds
The Flodda Department of Transportation makes available to local areas Park and Ride Funds
that can be used to determine the site feasibility of park and ride facilities. These funds will
cover 50 percent of the project cost. The other 50 percent will come from local planning funds.
Federal Transit Administration Section 5307 (Urban)
Federal capital funds may be secured from FTA Section 5307 Assistance (formerly S :~;.-'-.-. ~".
These are funds distributed to urbanized areas throughout the United States. Th N~es(~~
22
1999
Collier County Public Transportation Development Plan.
Urbanized Area would be eligible to receive an allocation of up to $756,477 (based on FY98-99
allocations) annually (capital and operating combined). Based on current year formulas, federal
funds used for capital expenses must be matched with local and/or state funds. Federal funds
used for capital expense can cover up to 80 percent of the expense, with a 20 percent
state/local match. Toll Revenue Credits, which are described in the next paragraph, can be
used as the state/local match.
Toll Revenue Credit
The Intermodal Surface Transpodation Efficiency Act (ISTEA) (and its successor TEA-21)
provides that toll revenues on public roads and bddges expended for capital investment may
count as local match (soft match) for Federal grant funds in a specific year. This capability allows
the local matching share, that would otherwise be required to match a transit grant, be used for
other projects.
This results from the recognition that different modes of transportation are interconnected.
Capital expenditures to reduce congestion in a particular corridor benefit all modes in that
corridor, be they automobiles, transit buses, or a rail system. Thus, if a community constructs a
toll facility, ISTEA allows the revenues from that toll facility to be used as local match under the
following specific circumstances:
· The toll revenues must be used for transportation capital investment, not operating
expenses;
· The soft match in one year is counted as the amount of toll revenue used for
transportation capital investment in that year. That is, there is no carryover.
In Flodda, a local toll revenue source is not required for a community to receive toll revenue
credit. FDOT has established a toll revenue credit program on a statewide basis, and
distributes credit to all of the counties within the State.
The use of Toll Revenue Credits for Collier County are included in Table 6 as a soft match for
federal capital funds.
Operating Expenses and Revenues
Table 7 contains operating expenses and revenues estimated for the proposed five-year plan.
The table also contains expense and revenue information for five years beyond the five-year
plan pedod. Operating expenses are listed in the top half of Table 7 and are further separated
into expenses for urban services and expenses for rural services. Operating revenues, listed in
the bottom half of Table 7, are separated in a similar way. A~A ITEM
^Ila n
...... 1999
23 ] Pg- ,,~',~
Collier County Public Transportation Development Plan.
Operatin.q Expenses
Marketing Efforts
Marketing efforts is the first operating .expense listed in Table 7. It is assumed that initial
marketing efforts would begin during the fiscal year pdor to the start of urban fixed-route service,
or in FY01. Marketing expenditures in that year would be approximately $40,000, and for
subsequent years marketing expenses are estimated to be $30,000, $20,000, and $30,000 for
FY02, FY03, FY04, respectively.
Urban Deviated Fixed-Route Service
Operations of urban deviated fixed-route service and vanpool service could not begin until FY02
(due to system development requirements and federal and state funding cycles). It is assumed
in FY02 that operation would begin in February 2002. Therefore, only five months of operating
expenses are included in this fiscal year. The remaining fiscal years assume full years of
service. The cost of service was based on an estimate of $40 per revenue hour of service, and
is a fully-allocated cost.
Vanpool Service
Similar to urban, deviated fixed route service, vanpool service could not begin operations until
FY02 (due to system development requirements, and federal and state funding cycles). The
start date for vanpool service is assumed to be February 2002. Therefore, FY02 includes
operating expenses for only five months of service. The next two fiscal years contain estimates
for full years of vanpool service. Estimates of vanpool operating costs reflect 1/3 of the lease
cost for five vans. This estimate is based on the assumption that two-thirds of the lease cost can
be capitalized under arrangements authorized by the Federal Transit Administration. 49 CFR
Part 639 (Capital Leases). Therefore, 1/3 of the lease costs will fall under operating costs.
(Note: These operating costs do not include the day-to-day operation of the vans (e.g.,
gasoline). These costs will be bome directly by the dders of the vanpools)
Commuter Assistance Program
The final line item is for the operation of a Commuter Assistance Program, which is estimated to
cost $50,000 annually.
AGENDA ITEM
No. ~
Collier County Public Transportation Development Plan
Rural Deviated Fixed-Route Service
The next two line items include the operation of rural public transportation service within
lmmokaiee and between Immokalee and Naples. These services were formerly operated by the
CTC of Collier County and are expected to be resumed by the CTC in the near future. The cost
of service was based on an estimate of $>40 per revenue hour of service, and is a fully-allocated
cost estimate.
Operatin,q Revenues
Operating revenue sources are also shown in Table 7. The operating revenues are separated
into urban revenues and rural revenues.
Federal Transit Administration Section 5307 (Urban)
Federal operating funds may be secured from FTA Section 5307 Assistance (formerly Section
9). These are funds distributed to urbanized areas throughout the United States. The Naples
Urbanized Area would be eligible to receive an allocation of up to $756,477 (based on FY98-99
allocations) annually (capital and operating combined). Based on current year formulas, federal
funds used for both operating expenses must be matched with local and/or state funds (toll
revenue credits can not be used as the local/state match). Federal funds can be used for up to
50 percent of system operating expenses (minus farebox revenue).
FDO T Block Grant Assistance (Urban)
Capital and operating funds can also be awarded through FDOT Block Grant Assistance to
urbanized areas. For capital projects, state participation is limited to 50 percent of the
nonfederal share (i.e., if federal funds cover 80 percent and local funds cover 10 percent, then
state funds will cover the remaining 10 percent.) However, in Collier County toll revenue credit
dollars are sufficient to cover the state and local match requirements for capital purchases,
therefore, FDOT Block Grant Assistance will not be needed.
For operating, up to 50 percent of eligible operating expenses can be paid with FDOT Block
Grant funds, or an amount equal to the local revenue, whichever amount is less. Eligible
operating expenses are operating expenses minus federal funds and farebox revenue. Local
revenue is defined as local government contributions and purchase of service contracts.
The estimated block grant allocations for Collier County are listed in the following table. The
initial allocation is based solely on County population but the allocations for later
A~A
expected to increase based on aldership and revenue miles of the public transportatio sys~~
Collier County Public Transportation Development Plan.
Estimated Block Grant Allocation
FY01 $239,496
FY02 $258,564
FY03 $282,065
FY04 $308,521
FY05 $334,685
FY06 $350,000
FY07 $357,000
FY08 $364,140
FY09 $371,423
Urban Farebox Revenue
Farebox revenue is also a revenue source for public transportation systems. For the two urban
routes of the deviated fixed-route system, farebox revenues are based on average ridership
rates for other small transit systems. It is assumed that urban deviated fixed-route services
would attain 50 percent of this average ridership in the first 12 months of service (in addition,
ridership in the first year was adjusted for only five months of service); 75 percent in the second
12 months; and 100 percent in the third 12 months. This translates into an estimate of $20,368
in farebox revenue for the first five months of service (in FY 02), $64,000 for the second year of
service (FY 03), and $83,000 for the third year of service (FY 04). This information is reflected in
Table 7.
Purchase of Service Contract (Local Soft Match)
Purchase of Service Contracts am contracts between the County and local agencies (e.g.,
Agency for Health Care Administration, Department of EIder Affairs) to provide public
transportation for program participants. Under the rules governing FDOT's State Transit Block
Grant, these contracts can be counted as local revenue to match state revenue. These
revenues, however, act as a soft match to state revenue because the money in not actually
being allocated to the new public transportation services. The public transportation agency is
receiving credit for these funds towards the local required match. The result of using these
monies as a soft match is to lower the new local cash required for public transportation.
Federal Transit Administration Section 5311 (Rural)
Federal operating funds may be secured from FTA Section 5311 Assistance (forme Iv Section
the ~J A ~TEM
18). These are funds distributed to rural areas throughout the United States, throug
26 AU,~
Collier County Public TransportaUon Development Plan
DOTs. The rural areas of Collier County would be eligible to receive an allocation of these
funds. Based on current year formulas, federal funds used for operating expenses must be
matched with local and/or state funds. Federal funds can be used for up to 50 percent of
system operating expenses (minus farebox revenues.) Collier County is already receiving
Section 5311 operating assistance through the CTC for services in rural areas of the County.
Rural Farebox Revenue
Farebox revenues were also estimated for the rural routes of deviated fixed-route service. It is
estimated that $24,000 in annual farebox revenues will be collected from riders on the two rural
routes in the first fiscal year (FY 00). It is further assumed that annual farebox revenues will
increase to $48,000 in the final year of the five-year plan (FY 04). In the years between FY00
and FY04 farebox revenues will increase from $24,000 to $48,000.
- Current Local Government Revenues
As shown in Table 7, Collier County currently contributes local revenues towards the operation
of rural deviated fixed-route services. This is shown as "Current Local Government Revenue".
Unfunded Local Revenue
The shaded line in Table 7 shows the unfunded operating expenditures for the Five-Year Public
Transportation Development Plan (Note: There are no unfunded expenditures in this plan in the
first five years listed in this Table 7.) For FY05 through FY09, unfunded expenses are listed
after accounting for all existing federal, state, and local funding, and estimated farebox
revenues. New local funding will be required to meet these unfunded expenses.
No new local revenue will be needed to support this plan for the first five years listed in
Table 7, FYO0 through FY04.
Mid-Range Operating and Capital Cost EsUmatas (FY05 through FY09)
Also included in Tables 6 and 7 are estimates of capital expenses and revenues, and operating
expenses and revenues for the five years beyond the years of the Five-Year TDP. This
includes FY05 through FY09. The estimated expenses and revenues were included for these
years at the request of the MPO. In addition, FDOT, in the future, will be requiring a ten-year
financial plan for all TDPs.
AGENDA.
27
PS.
Collier County Public Transportation Development Plan.
The following paragraphs descdbe the items that are included in FY 05 through FY 09. All of
the new activities in this time period are dependent upon the success of services that are
recommended to be started in the first five years of the plan.
Expanded Local Deviated Fixed-Route Service
In FY05 it was assumed that one new vehicle would be purchased for expanded, local deviated
fixed-route service. The estimated cost of this vehicle is $124,000, and is shown in Table 6.
The new, expanded deviated fixed-route service would begin operation in FY06 and is reflected
under operating expenses in Table 6 in that year and years after. Operating costs for the new
route will start at $167,671 annually. Potential areas for this new route include East Naples and
Airport-Pulling Road.
New Public Transportation Amenities
Corresponding with expanded, local deviated fixed-route service, it is assumed that 160 new
busstop signs and 10 new shelters would be purchased in FY05. The total cost of 160 new
busstop signs was estimated at $8,000. Each shelter was estimated to cost $6,000, for a total
cost of $60,000 for 10 shelters. These costs are reflected in Table 6.
Express Service
It is assumed that express transit service will be initiated in FY07. This service would operate
during the peak work travel times of the day for two hours in the morning and two hours in the
evening. It would operate Monday through Friday and be coordinated with the location of the
Park and Ride Lot. The estimated annual operating cost of this service will start at $81,600 per
year (as shown in Table 7,) based on a cost of $40 per revenue hour of service. In addition, this
new express service will require one new vehicle. The capital cost of one new vehicle
($130,000) is reflected in the capital expenses for FY 06 shown in Table 6.
Vehicle Replacement
In FY08 and FY09, four vehicles will need to be replaced (two in each year). It is
recommended that the fleet be replaced by heavier-duty vehicles at this time. The estimated
cost of each of these vehicles is $180,000, for a total of $720,000 for four vehicles (shown in
Table 6.)
AC/,M:)A ITEM
Collier County Public Transportation Development Plan
Fast-Track Scenario: Five-Year Financial Plan and Capital Improvement Plan
At the request of the MPO, a fast-track scenario was developed for the implementation of new
public transportation services in Collier County (shown in Tables 8 and 9.) The financial
information listed in Tables 6 and 7 are based upon the assumption that Collier County would
wait to request federal and state funding until after the completion of the Transit Operation Plan.
If moneys were requested in the Summer of 1999 rather than the Summer of 2000, the
schedule for the implementation of new deviated fixed routes and vanpools could be
accelerated by one year. Thereby, starting operation in January 2001. In addition, vehicles
may be available from the CTC for use on new deviated fixed routes. The availability of these
vehicles could accelerate the schedule.
Financial information shown in Tables 8 and 9 reflect the acceleration of the implementation of
new deviated fixed-route service and vanpool service. Th following is a list of advantages and
- disadvantages of following an accelerated, fast-track schedule.
Advantages
· Start new deviated, fixed-mute service an vanpool service one year earlier.
Disadvanta.qes
· Decisions on new service might be made before all information is available (i.e., before the
Transit Operation Plan is completed).
· If the County were to pursue a regular schedule, they could acquire more appropriate
vehicles.
· If the County were to pursue a regular schedule, they would have more time for marketing.
Table 6 ~
Summary Capital Financial Plan
Collier County Five-Year Public Transportation Development Plan
CAPITAL EXPENSES FY00 FY01 FY02 FY03 FY04 5yr Subtotal FY05 FY06 FY07 FY08 FY09 5yr Subtotal 10yr$;:,;~
Transit Operation Plan $30,000 $30,000 $(3 0
Park and Ride Study $15.000 $15,000 $l: $15,000
Veh~, ........................................~','0~ ...................................... $~2'~,00"~ ""$'124,000
Vehicle Replacement $0 $360,000 $360.00C $720,000 $720,000
($180,000 each) ....................................................................................................................................................................................................................................
Bustop Signs ($50 each) $34,400 $34,400 $8.000 $8,000 $42,400
Shelters and Amenities $24,000 $24,000 $60,000 $60,000 $84,000
'~$6,000 each)
Transfer Fadlity $25,000 ....................... $25,000 $0 $25,000
Capital Cost of Vanpool $21,667~ $52,000 $53,040 $126,707 $54,101 $55,183 $56.286 $57.412 $58.560 $281,542 $408,249
Lease
Park and Ride Lot $100,000 $100,00(3 $0 $t00,000
Constru~on
Total Capital Expenses $45,000 $0 $533,067 $52,000 $153,040 $783,107 $246,101 $t85,183 $56,286 $417,412 $418,560 $1,323,542 $2,106,54~
CAPITAL REVENUES FY00 FY01 FY02 FY03 FY04 5yr Subtotal FY05 FY06 FY07 FY08 FY09 5yr Subtotal lOyr Total
FTA Section 5303 $24,000 $24,0~ ............................................$._Q_s24.0(.:,
FDOT Park and Ride $7,500 $7,500~ $0 $7,5000
Funds -
FTA Section 5307 $533,067 $52,000 $153,04C $738,107 $246,101 $185,183 $56,286 $417,412 $418,560 $1,323,542 $2,061,549
TollRevenueCredit [$133,267~ [$13,000~ [$38,260~ [$184,527] [$61,525) [$46,296]~ 1114,072][$104,353] [S104,640~ [$330,886j [$515,413j
'Soft Match)~
FDOT State M~tch .... $"'~,000......... $3,000 $0 $3,00e
Local Match $10,500 $10,500 ..................................................................................................... $'~
Total Capital Revenues $46.000 $0 $533,067 $52,000; $153,040 $783,107 $246,t01 $185,183 $56,286 $417,412 $418,560 $1,323,542 $2,106,54~i
Deviated fixed-mute service(urban) and vanpod service would begin operation in February 2~02. Therefore, L',,,,-, ...J...,^. ^t0erating ex~
2Toll Revenue Credit for Collier County can be used as a soft match to FTA Section 5307 capital funds.
Table 7
Summary Operating Financial Plan
Collier County Five-Year Public Transportation Development Plan
OPERATING EXPENSES FY00 FY0t FY02 FY03 5yr Subtotal FY05 FY06 FY07 FY08 FY09 5yr Subtotal 10yr Total
Efforts $40,000 $30,000 $20,000 $120,00C $30,000 $30,000 $30,000 $30,000 $30,000 $150,000
Deviated Fixed-Route~ $131,6672 $316,000 $328,766 $335,342 $342,049 $348,890 $355,867 $1,710,914
Gate Deviated Fixed- $65,8332 $384,993 $164,383 $167,671 $171,024 $174,445 $177,934 $855,457
Cost of Vanpool $10,8342 $26,000 $63,354 $27,050 $27,591 $28,143 $28,706 $29,280 $140,771
ram $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $250,000
;iXed-Route Service~ $(:3 $167,671 $171,024 $174,445 $177,934 $691,074
Service~ $81,600 $83,232 $84,897 $249,729
Expenses (Subtotal) $0 $90,000 $288,334 $570,000 $590,000j $1,538,334 $600,200 $778,275 $873,641 $889,717 $905,912 $4,047,944
, , , , , , , , , , , , , , , , , , t2
OPERATING REVENUES FY01 FY02 FY03 FY04 5yr Subtotal FY06 FY07 FY08 FY09 5yr Subtotal 10yr Total
;action 5307 $90,000 $133,983 $253,000 $253,500 $730,483 $332,107 $371.608 $373,369
Grant $133,983 $253,000 $253,500 $640,483 $332,107 $357,000 $358,761 $1,666,223
(Urban)4 $20,368 $64,000 $83,000 $167,368 $114,062 $130,624 $142,979
Purchase of Service
Contracts& TD TrustFund ($90,000) ($133,983) ($253,000) ($253,500) ($730,483) ($253,600)i ($332,107) ($357,000) ($358,761)
I Local Revenue~ $0 $0 $0i $0 $14,608 $14,608
~ Revenue (Subtotal) $90,000 $288,334 $570,000 $600,200 $778,275 $873,641 $889,711
~5311 $108,130 $107,878 $107,164 $108,010 $110,170 $112,373 $114,621 $1,099,151
Revenue (Rural)7 $24,000! $28,540 $33,940 $40,362 $48,960 $49,939 $50,938
Gov'tRevenuea $108,000 $108,130 $107,878 $107,164 $108,010 $110,170 $112,373 $114,621
{Subtotal) $240,000 $244,800 $249,696 $254,690 $264,979 $270,279 $275,685 $281,198
$240,000 $334,800 $638,030 $824,690 $865,119 $t,048,554 $1,149,525 $1,170,916 $5,426,908
~ estimates based on $40/revenue hour of service/vehicle. Operating expenses Include all administration and operating expenses of a public transportation system. Expenses annually inflated by 2%.
(urban) and vanpool service would begin operation in February 2002. Therefore. FY02 includes operating expenses for only 5 months of service.
operated by the CTC of Collier County and are expeded to be resumed by the CTC in the near future.
based on the average ridership rates for other small transit systems. It is assumed that service in Collier County would he 50% of this ridership in the first 12 months, 75% in the second 12
00% in the third 12 months. FY02 far, box revenue is also based on only 5 months of sewice.
Sentice Contram can be used as a soft match to State Block Grant Monies. and TD Trust Funds can be used to match FTA Section 5307.
new local revenue that will he required to implement new public transportation services.
000 in annual farebox revenues will be coilstied from riders on the two rural routes in the first fiscal year (FY 00). It is furlher assumed that annuat farebox revenues wilt increase to $48,000 in the
plan (FY 04). with consistent increases in far, box revenues in the years between FY 00 and FY04.
is currently being contributed by Collier County towards the operation o~ "' - tmmokalee Circulator and Immokalee to Naples Shuffle.
Table 8 (Fast Track Scenario)
Summary Capital Financial Plan
Collier County Five-Year Public Transportation Development Plan
CAPITAL EXPENSES FY00 FY01 IrY02 FY03 FY04 Syr Subtotal FY0S FY06 'FY01;" FY0. FY09 Sir Subtotal! 10yr Total
T~a_?it__20~_ratio_Jn_p_ta_n_ ............ .$3_?~)0 ......................................................................$_3_0,_0_0.0_ ....................................................s0$30,000
Park and Ride Study $15,000 $t5,000 $0 $15,000
Vehi~. ..................................~4~'8,'C~0.............................. $'i2~:0~0'.52,000"$i30.00'0
Vehicle Replacement $0 $360,000 $360,000 $720,000 $720,000
Bustop Signs ($50 each) ............................... ,$_74,~4_.0~.. ............................................_$8......0. ..~.. ...............72,..4__0.0 ............................................
Shelters and Arnenities $24,000 $60,000 $84,000 $0 $84,000
$6,000 each) ............................................................................................................................................................................................................
Tr'~sfer Fac~""'~iitY ........................ $25,000 $25,000 $0 $25,000
~aTC~'~i~'r;O~ ................................. ~2~,667'$52,000$53,040$54,101$180,808 $55,183 $56,286 $57,412 $58,560 $59,731 $287,172 $467,980
~ease_ .......................................................................................................................................................................................................................................................................
F~ark and Ride Lot $100,000 $100,000 $0 $100,000
;onstruction
Total Capital Expenses $45,000 $533,067 $52,000 $53,040 $346,101 $1,029,208 $185,183 $56,286 $417,412 $418,560 $59,731 $1,137,172 $2,166,380
CAPITAL REVENUES FY00 FY01 FY02 FY03 FY04 5yr Subtotal FY05 FYO6 FY07 ' FY08 FY09 5yr Subtotal 10yr Total
rl'A Section 5303 $24,000 $24,000 $0 $24,000
;DOT Park and Ride $7,500 $7,50(] $0 $7,500
;unds
Toll Revenue Credit
So/tMatch); ............... [$133,267] [$13,000] [$13,260J [$86,525i [$245,052i [$46,296] [$14,072j [$104,353] [$104,640] [S14,933~ [$284,294j [$530,346j
L~_! M~tc~ ............. $10,500 $10,50¢ $C $10,508
Total Capital Revenues $45,000 $533,067 $52,000 $53,040 $346,101 $1,029,20! $t85,t83 $56,286i $417,4t2 $418,560 $59,731 $t,137,172 $2,166,38~
I fixed-route sendice(urban)and vanpod service would begin operation in February 2001. ~-..^...,~..~.. cv,~4 ;^.. .,~o nl~,...,3 exl~
2Toil Revenue Credit for Collier County can be used as a soft match to FTA Section 5307 capital funds.
Table 9 (Fast Track Scenario)
Summary Operating Financial Plan
Collier County Five-Year Public Transportation Development Plan
OPERATING EXPENSES FY00 FY01 FY02 FY03 FY04 5yr Subtotal FY06 J FY07 FY08 FY09 5yr Subtotal 10yr Total
, Efforts $40,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 $280,000
41 Deviated Fixed*Route~ $131,6672 $316,000 $322,320 $328,766 $1,098,753 $342,049 $348,890 $355,867 $362,985 $1~45~132 $2,843,885
~Deviated Fixed* $65,8332 $158,000 $161,160 $164,383 $549,377 $171,024 $174.445 $177,934 $181,492 $872,566 $1,421,942
~ Cost of Vanpool $10,8342 $26,000 $26,520 $27,050 $28,143 $28,706 $29,280 $29,866 $143,587 $233,991
ram $50,000 $50,000 $50,000 $50.000 $200,000 $50,000 $50,000 $50,000 $50,000
Local Deviated $171,024 $174,445 $177,934 $181,492 $672,567 $872,567
Sen/ice~ $81,600 $83,232 $64,897 $86,595 $336,323
$298,334 $580,000 $590,000 $2,068,534 $778,275j $873,841 $889,717 $905,912 $922,430 $4,370,174
immokalee Circulator~'3 $140,000 $142,800 $145,656 $148,569 $151,541 $728,566 $157,663 $160,816 $164,032 $167,313 $1,532,961
Naples~.3 $102,000 $104,040 $106,121 $110,408i $112,616 $114,869 $117,166 $119,509 $574,668 $1,094,972
Expenses (Subtotal) $244,800 $249,696 $254,690 $1,248,970 $254,979 $270,279 $275,685 $281,198 $286,822 $2,627,933
, OPERATING $543,134 $829,656 $844,690 $859,994 $3,317,594 $1,043,254 $1,144,119 $1,165,402 $1,187,110 $1,209,252 $9,066,641
'OPERATING REVENUES FY00 FY0t FY02 FY03 FY04 5yr Subtotal ' ~f05" FY06 FY07 FY08 t FY0~H5yr Subtotal 10yr' Total
FTA Section 5307
Purchase of Service .
r& TD TrustFund ($138,983) ($258,000) (S253,500);($253,600) ($904,083J ($332,107) ($350,000) ($351,761) ($357,755) (3366.014) ($f, 757,637) ($2,66f, 720)
I Local Revenues $0 $0 $0 $0 $21,608 $21,608 $21,608
Revenue (Subtotal) $298,334 $560,000 $590,000 $778,275 $873,941 $889,717 $905,912 $4,370,174
Section5311 $108,000 $108,130 $107,878 $107,164 $108,010 $110,170 $112,373 $114,621 $1,099,151
;arabox Revenue (Rural)7 $24,000 $28,540 $33,940 $40,362 $49,939 $50,938 $51,957
I Gov't Revenues $108,000 $108,130 $107,878 $107,164 $110,170 $112,373 $114,621 $1,099,151
' Revenue (Subtotal) $240,000 $244,800 $249,696 $254,979 $270,279 $275,685 $281,198 $2,627,933
$543,134 $829,696 $844,690 $1,144,119 $1,165,402 $1,187,110 $9,066,641
O rati expense estimate based on $401revenue. hour of service/vehicle. Operating expenses include all adminisi,~iiion and operating expenses of a public ~-ansF, ortation system. Expenses annually inflated by 2%.
ed-route service (urban) and vanpool sewice would begin operation in February 2001. Therefore. FY01 includes operating expenses for only 5 months of service.
These ices were forready operated by the CTC of Collier County and are expeded to be resumed by the CTC in the near future. ~ 5 I
' U n te box revenues are based on the average aldership rates for other small transit systems. It is. assumed that service in Collier County would be 50% of this ridership in the first 12 months, 75% in the second 12
'~;~u~ds can be used to match FTA Seal'on 307.:::~'
c::} nfu local revenue is new oca revenue that will be required to implement new public transportation services.
T I iS e ted that $24 000 in annual farebox revenues w be colleded from riders on the two rural routes in the first fiscal year (FY 00). It is further assumed that annual farebox revenues will increase to $48,000 in the
~ ~ I y the five-year' plan (FY 04), with consistent increaSeS in farebox revenues in the years between FY 00 and FY04.
\ ~ ~ is I I ~ovemment revenue that is currently being contributed by Collier County towards the operation of the Imrnokalse Circulator and Immokalee to Nap es Shuttle.
Center for Urban Transportation Research
University of South Florida
College of Engineering
4202 East Fowler Avenue, CUT 100
Tampa, Florida 33620-5375
(813) 974-3120 AGF, NOA ~TEM
Fax (813) 974-5168 No,-~
AUG1 ~' ~
3 1999
3301 East Tamiami Trail · Naples, Florida 34112-4977
John C. Norris (941) 774-8097 · Fax (941) 774-3602
District 1
James D. Cartel Ph.D.
District 2
Timothy J. Constantine
District 3
Pamela S. Mac'Kie
District 4
Barbara B. Berry
District 5
August 3, 1999
Mr. John Starling, District Public Transportation Manager
Florida Department of Transportation
P.O. Box 1249
Bartow, Florida 33831-1249
Re: Public Transportation in Collier County
Dear Mr. Starling:
The Board of County Commissioners has agreed to become the Governing Agency for
transit in Collier County. As such, Collier County requests that the Florida Department
of Transportation make appropriate state and federal funding allocations for the purchase
and operation of transit equipment in Collier County. Details of the amounts and time
frames will follow.
Yours Truly
Pamela S. Mac'Kie, Chairwoman,
Board of County Commissioners
c.c Robert Fernandez, County Administrator
Vincent Cautero, AICP, Community Development and Environmental Services
Division Administrator
Robert Mulhere, AICP, Planning Services Director
Gavin Jones, P.E., Transportation Planning Manager
John Limbaugh, Intergovernmental Liaison, FDOT Ft. Myers office
Fran Theberge, Transit Project Coordinator, FDOT Ft. Myers office
AGENDA ITEM
AUG - 3 1999
q7
EXECUTIVE SUMMARY
APPROVE AN ALTERNATE ROAD IMPACT FEE FOR THE NAPLES
EXECUTIVE GOLF COURSE BASED ON A SITE-SPECIFIC COMPUTATION.
OBJECTIVE: To obtain Board approval of a road impact fee developed using an alternate set of
parameters for a private golf course and ancillary uses, such as a clubhouse and maintenance
facilities.
CONSIDERATIONS: Ordinance 92-22, as amended (the Ordinance) sets forth the regulations for
the imposition, computation and collection of road impact fees. In the Appendix to the Ordinance,
Table A lists various categories of land uses for which "standard" road impact fee rates have been
established. Among those rates is a rate for "Golf Courses." The rate was predicated on several
factors including the use of the ITE publication entitled Trip Generation. Trip Generation provides
trip rate information.
Staff investigated the proposed structure of the Naples Executive Golf Course and determined that
the following site-specific factors apply in this case:
1. Correspondence from the developer's representative indicates that there will be about 145
trips/day. Staff has reviewed this information and takes no exception to it.
2. The following assumptions have been used for insertion into the Road Impact Fee Worksheet
attached to this Executive Summary (Attachment No. 1):
A. 125 trips/day for golfers @ trip-ends/trip = 250 trip-ends/day
B. 10 employees X 2 trips/employee/day = 20 employee trip-ends/day
c. Service trips = 1 trips/day X 2 trip-ends/trip =2 trip-ends/day
D. Trip length for Golf Course per Ordinance 92-22, as amended = 4.2 miles assessable;
5 miles total.
E. For these trips, the percentage of new trips on the arterial network is 100%.
Based on the attached worksheet, the proposed road impact fee for the golf course and clubhouse is
$34,678.77.
FISCAL IMPACT: The proposed road impact fee will be added to Fund 336, Road Impact Fee
Trust Account No. 4. As of July 20, 1999, the balance in this Fund was $9,700.00.
AUG 0 3 B99
Pe.
Executive Summary
Approve an Alternate Road Impact Fee
Page 2 of 2
GROWTH MANAGEMENT IMPACT: The imposition of the proposed road impact fee is
consistent with the County's Growth Management Plan.
RECOMMENDATIONS: That the Board approve the proposed road impact fee for the Naples
Executive Golf Course.
:Ed a~/ Z 5( _ ,, ,,
spoaatio Se~ices Director
w . , .., n
REVIEWED BY: ~' ~'- DATE:
' . ' , , nt Se~ices Administrator
Ed Ilsc~er,~u~ic ~or~ idministrator
Attachments: No. 1 - Road Impact Fee Worksheet
NoA?E~
AUG I] 3 1999
Collier County
Transportation impact Fee Worksheet
I, Establish Criteria
A. Fixed Criteria
1 Lane Capacity 8,685 trips per day Project Name: Naples Executive GC
2 Construction Cost $854,170 per lane-mile Project Type Golf Course
3. Fuel Tax 0.123 per gallon Computed By: Edward J. Kant, P.E.
4. Fuel Efficiency 18 miles/gallon Date: 5/19/99
5 Present Worth Factor 11.654 (25 years @ 7%)
6, Number of Work Days 365 per year
7 Interstate Milage Reduction 4%
B. Variable Criteria
1. Trip Generation Rate I 2 19 1 trip ends per ~ ~ 125 golfer trips/day
2, Percent New Trips 100% 10 employee trips/day
3. Size of Facility course } 1 service trip/day
4. Total Trip Length 4. miles 136 total trips/day
5. Assessable Trip Length I 4.2 .I miles
II, Compute Trip Ends Per Day
Trip ~e.e.'atio..ate~ x Size [-- Ix Percent New TripsI"I:~ TEs/~ay
III. Compute Lane*Miles Consumed Per Day
IV. Compute Gross Impact Cost
Lane-Miles Per Day ~ X Cost/Lane/Mile I $854,170 1 = I $53,930,43 IGross Fee
V. Compute Credit
2 .
VI. Compute Net Impact Fee
Gross Feel $ ~3..30.43 ]Cr~,dit I $19.2~1,67 ] = I $ 34,678.77 1 ,mpact Fee C, ue
EXECUTIVE SUMMARY
APPROVE AN ALTERNATE ROAD IMPACT FEE FOR THE OLD CYPRESS (fka
WOODLANDS) GOLF AND COUNTRY CLUB BASED ON A SITE-SPECIFIC
COMPUTATION
OBJECTIVE: To obtain Board approval of a road impact fee developed using an
alternate set of parameters for a private golf course and ancillary uses, such as a
clubhouse and maintenance facilities.
CONSIDERATIONS: Ordinance 92-22, as amended (the Ordinance) sets forth the
regulations for the imposition, computation and collection of road impact fees. In the
Appendix to the Ordinance, Table A lists various categories of land uses for which
"standard" road impact fee rates have been established. Among those rates is a rate for
"Golf Courses". The rate was predicated on several factors including the use of the ITE
publication entitled Trip Generation. Trip Generation provides trip rate information.
Based upon information provided by the developer (Attachment No. 1 ), staff has
reviewed the fee basis and the proposed Old Cypress (fka Woodlands) Golf Course and
has determined that an appropriate road impact fee for this golf course would be
$15,044.47 as computed on the attached Transportation Impact Fee Worksheet
(Attachment No. 2).
FISCAL IMPACT: The proposed road impact fee will be added to Fund 331, Road
Impact Fee Trust Account No. 1. As of April 30, 1999, the balance in this Fund was
$11,693,412.65.
GROWTH MANAGEMENT IMPACT: The imposition of the proposed road impact
fee is consistent with the County's Growth Management Plan.
Board the ~roposed road impact fee for the
RECOMMENDATIONS: That the
ap rove t
Old Cypress (fka Woodlands) Golf and .
PREPARED BY: ~4+/~'~
War . an ~c ces
K t,
REVIEWED DATE:
REVIEWED V emc nBy.~. Caute_f~~~
Ed Ils~hner, P, at6lic W&ks Administratoi'~
Attachments:No. 1 - Developer's Letter of Request for Adjustment
No. 2 - Transportation Impact Fee Worksheet
The Strand
June 16. 1999 r ,
! '-
Mr. Edward Kant. P.E.
Collier County Transportation Services Director
Collier County Government Center
3301 S. Tamiami Trail
Naples. FL 34112 ~. ,,,
, ,Y_F:
Re: The Club at Old Cypress, Alternative Impact fee calculation
Dear Ed:
Thank you for the recent courtesy and meeting that was held on May 21st in advance of
submitting this request concerning the above reference.
I have prepared the various assumptions and conditions that will apply to this club based on
"' similar courses, for your evaluation. I have reviewed the departments Impact Fee worksheet and
notes from our meeting to submit the following:
Introduction:
The Club at Olde Cypress fka The Woodlands is a small DRI located on Immokalee Road 1
miles east of 1-75. The mixed use aspects of this community include a 98 acre 18 hole
championship golf course, as an approved use. The purpose of this alternative impact fee
analysis is to determine a site specific computation for a private limited use facility.
Proposed Use:
The course, which will is a private facility will as a matter of necessity make allowance for
outside play during the initial marketing and sale of memberships (approximately 3 years). The
facility will consist of 600 members 300 + of whom are expected to be residents and not
impacting arterial roads.
Assumptions:
· Size: 98 acres
· Days/Yr.: 364 - The facility is closed Christmas Day.
· Rounds/Yr.: 40,000 has been used for the purposes of calculation based
on an 18 hole private club at full membership.
· Non Resident Golftrips/day: 58
· Employee trips/day 60
· Service trips/day 3 ~ /
ATTACHMENT NO .....
PAGE / ..... OF
· · )4 1 ~ )( :~~
,, _ q41-516-5076
The Clul} ill The Sirand: 51140 Strand Bouhward. \aph's. Fh~rida 34110 · 941-Sq'L7710 · [,'il\ ·
Total trip ends/day (TES) 121
· Assessable Trip Length: 4.2 Miles
· Percentage of new trips on arterial network is 100%.
Other Considerations/Summary
It is my understanding that $14,471 has previously been paid in road impact fees as a credit
against this adjustment. These were paid at the time permits were issued for the maintenance
building ($7,668) and the Club fitness building ($6,803). In conclusion,, and while not required
we are willing to stipulate that if this facility would revert to a public or daily fee course that a
reconsideration of trip impacts would be warranted.
Please feel ~ee to contact my office at 592-9115 with any further questions of concerns.
r. Ne
'and
cc: Paul Hardy
Renee Tolson
Casey Stock
Collier ~nunty
Transportation ~n e Worksheet
I. Establish Criteria
A Fixed Criteria
1 Lane Capacity 8,685 trips per day Project Name: Old Cypress Golf Course
2 Construction Cost $ 854,170 per lane-mile Project Type Golf Course
3 Fuel Tax 0.123 per gallon Computed By: Edward J. Kant, P.E.
4 Fuel Efficiency 18 miles/gallon Date: 7/1/99
5 Present Worth Factor tl 654 (25 years @ 7%)
6. Number of Work Days 365 per year
7 Interstate Milage Reduction 4%
B Variable Criteria
I Trip Generation Rate ~ 118: ~ ~ trip ends per ~ Per Developer's letter
2. Percent New Trips 100% Per Ordinance 92-22, as amended
3 Size of Facility 1 course
4 Total Trip Length . miles Per Ordinance 92-22, as amended
5. Assessable Trip Length . miles Per Ordinance 92-22, as amended
Compute Trip Ends Per Day
Trip Generation Rate I11s tXSize I 1 I X percent New Trips I 100°/° I = I118 ITEs/Day
Compu.te Lane-Miles Consumed Per Day
Compute Gross Impact Cost
Lane-M.es Per Day ~ X Cost/La.e/M.e I $854,170 i = I $23,39629 jGross Fee
Compute Credit
DaysNear} 365 1 TEs/Day ~ X Total Trip Length I 4.87 I X Tax/Gal ~ X Present Worth Factor ~ = [ $8,351.83 } Credit
18 I X 2
Vl, Compute Net Impact Fee
Gross FeeI $ 23,396.29 I Credit I $8,351.83 1 = I $ 15,044.47 I Impact Fee Due
EXECUTIVE SUMMARY
APPROVE AN ALTERNATE ROAD IMPACT FEE CALCULATION FOR THE
VANDERBILT COUNTRY CLUB (VCC) DEVELOPMENT.
OBJECTIVE: To present to the Board the results of a developer's alternate road impact fee
study and staffs analysis of same and to request the Board approve staffs proposed alternate
road impact fee for the VCC.
CONSIDERATIONS: Attachment No. 1 is the developer's Executive Summary for an altemate
road impact fee study performed for the VCC. The developer initiated this study consistent with
Section 2.03 of Ordinance 92-22, as amended, the Collier County Road Impact Fee Ordinance
(the "Ordinance"). In that study, the developer used the basic methodology set forth in the
Ordinance and provided the following findings specific to his gated, golf-course community:
Average Trip Rate - Single Family Dwellings 5.77 trip ends per unit per day
Multi- Family Dwellings 3.87 trip ends per unit per day
Average Total Trip Length - 5.40 miles per dwelling unit
Average Assessable Trip Length - 4.70 miles per dwelling unit
Average Percent New Trips - 100% per dwelling unit
Staff has reviewed the developer' s altemate fee study and has determined that, while the
methodology is consistent with the Ordinance, the data lead to somewhat more conservative
findings. Specifically, the trip generation rate determination in the study suffered from a lack of
,--- uniformity in determining whether a trip was generated from a single-family or a multi-family
dwelling. However, the trip rate produced by the developer is within the range for the dwelling
types provided in Trip Generation.
Attachment No. 2 is a set of road impact fee worksheets showing the road impact fees developed
using both the developer's study and data results and staffs review and recommendations for
this project. Here follows a table summarizing these worksheets:
Road Impact Fee .Single Family Multi Family
Ordinance 92-22 $1379/unit $ 95 1/unit
Staff Review Alternate Study $ 846/unit $ 607/unit
Developer's Alternate Study $ 827/unit $ 555/unit
The staff recommendation is consistent with the existing fees for Townhouse/Condominium in
lieu of Single-Family Dwelling and High-rise Multi-family in lieu of Low-rise-Multi-Family.
Although staffs review' indicates a significant reduction in fee, this reduction is justified by the
combination of a lower trip generation rate and the obvious internal capture of the on-site golf
course and other social and recreational amenities. Staff recommends that the Board accept and
approve the staff-proposed alternate road impact fees for the VCC as presented above.
FISCAL IMPACT: The VCC project is permitted for 222 single-family dwelling units and 578
multi-family dwelling units. If accepted by the Board, this alternate road impact fee, given the
assumptions stated, would reduce the future funds available in Fund 333 (Road Impact Fee
District No. 2) as follows:
Per Ordinance 92-22:
Single-family Fees - 222 units @ $1379/unit = $306,138 ~0._ ....
Multi-family Fees - 578 units @ $ 95 1/unit = $549,678
Total Estimated Fees = $855,816
Executive Summary
Approve an Alternate Road Impact Fee Calculation for NHGCC
Page 2
Per Staff Recommendation:
Single-family Fees - 222 units @ $ 846/unit = $187,812
Multi-family Fees - 578 units @ $ 607/unit = $350,846
Total Estimated Fees = $538,658
Net estimated reduction in future funds available = $317, 158
GROWTH MANAGEMENT IMPACT: The alternate road impact fee reflects an appropriate
impact on the arterial roadway system. There would be, therefore, no growth management
impact as long as the reduced revenue is offset by reduced road needs.
RECOMMENDATIONS: The Board endorse staffs suggested alternate road impact fee; direct
staff to collect the fees accordingly; confirm that this alternate road impact fee is site-specific
and shall not be considered a general case in that differing ets of facts will result in a different
' es Director DATE:
2//,,
REVIEWED B Vincent A. Cautero, A,I/CP, C0mmu"h'~Development Administrator c ~
REI/IEWED B lid I1~ P b~csc er, uWorks~ DATE: :7/Q3/q'
Attachments: No. 1 - Consultant' s Executive Summary of Alternate Road Impact Fee Study
No. 2 - Road Impact Fee Worksheets
EXECUTIVE SUMMARY
KIMLEY-HORN AND ASSOCIATES, INC VANDERBILT COUNTRY CLUB
The Vanderbilt Country' Club is currently being developed in Collier County as a residential golf
course community of single-family and multi-family dwelling units. The site, currently being
developed east of County Road 951 and north of Vanderbilt Beach Road, in Collier County, is
approvcd for both single-family units i~nd multi-family units.
Due to the unique character of this development, the developer has requested that the county
accept an Alternate Road Impact Fee study. This study, developed in order to provide alternative
trip generation rate variables for use in computing specific road impact fees for this
development, has been submitted and reviewed by Collier County staff. The benefit of such a
study is that it reflects the true traffic impacts and travel characteristics associated with a
development. Although the study may result in a reduction of impact fees, the level of impact
and need to improve area transportation systems will also be reduced.
This Alternate Road Impact Fee Study was performed based upon the methodology agreed upon
by Collier County staff. The study included analysis of trip generation rates associated with
three similar golf course communities located in Lee and Collier Counties. The results of the
study indicate that the average trip generation rates for the studied communities were less than
the variables used by Collier County in the calculation of impact fees. A comparison of the
results is presented in Table 1.
Table 1
Trip Generation Rate Comparison
(Trips Per Dwelling Unit)
Collier County Measured Average
Land Use Trip Generation Rate Trip Generation Rate
Single-Family (Detached) 9.6 per d.u. 5.77 per d.u.
Multi-Family : 6.5 - 6.6 per d.u.* 3.87 per d.u.
*Rates represent multi-family units with 3-5 stories and 1-2 stories, respectively.
These trip rates are different because of the number of social and recreational opportunities
provided internal to the community and because the residents of golf course communities
represent specific demographic groups rather than reflecting the characteristics of the general
population. Therefore, it is requested that the trip generation values derived from these similar
golf course communities be used in the Collier County transportation impact fee formula to
calculate the transportation impact fee assessment for the Vanderbilt County Club. These values
are:
>Trip Generation Variables = 5.77 trip ends per single-family dwelling unit = 3.87 trip ends per multi-family dwelling unit
Since May 8, 1998, building permits have been issued, and impact fees have been charged based
on the current County calculation. It is the understanding of Vanderbilt County Club based upon
the agreed upon methodology that, if the County approves use of the alternative rates presented
"' """ "°' ':""':"
I AUG n 3 1959
048618.01 ~ ~j_une, 1999
Collier C,-'-',~ty
) Transportation Imp; )Worksheet )
I. Establish Criteria
A. Fixed Criteria
1. Lane Capadty 8,685 trips per day Project Name: Vanderbilt Country Club
2. Construction Cost $854,170 perlane-mile Project Type SF-AIt.
3. Fuel Tax 0,123 per gallon Computed By: Edward J. Kant, PIE.
4. Fuel Efficiency 18 miles/gallon Date: 6/8/99
5. Present Wodh Factor 11.654 (25 years @ 7%)
6. Number of Work Days 365 per year
7. interstate Milage Reduction 4%
B. Variable Criteria
1. Trip Generation Rate 5.77 trip ends per
2. Percent New Tdps 100%
3. Size of Facility 1
4. Total Trip Length 5.4 miles
5. Assessable Trip Length 4.7 miles
II. Compute Trip Ends Per Day
Trip Generation Rate I 5.77 I X Size I I I X Percent New Trips I 100% I = I 5.77 ] TEs/Day
III. Compute Lane-Miles Consumed Per Day
IV. Compute Gross Impact Cost
Lane-Miles Per Day ~ 0.001499 ~ X Cost/Lane/Mile ~ $854,170 ~ = ~ $1,280.23 BGross Fee
V. Compute Credit
'~,
al X
VI. Compute Net Impact Fee
Gross FeeI $ 1,280.23 I Credit I $ 452.84 I = I $ 827.40 I Impact Fee Due
Recommendation: $846.00 consistent with Townhouse/Condominium
Collier County
Transportation Impact Fee Worksheet
I. Establish Criteria
A. Fixed Criteria
1. Lane Capacity 8,685 trips per day Project Name: Vanderbilt Country Club
2. Construction Cost $854,170 perlane-mile Project Type MF-AIt.
3. Fuel Tax 0.123 per gallon Computed By: Edward J. Kant, P.E.
4. Fuel Efficiency 18 miles/gallon Date: 6/8/99
5. Present Worth Factor 11.654 (25 years @ 7%)
6. Number of Work Days 365 per year
7. Interstate Milage Reduction 4%
B. Variable Criteria
1. Trip Generation Rate 3.87 trip ends per ~ DU ~
2. Percent New Trips 100%
3. Size of Facility 1 ~
4. Total Trip Length 5.4 miles
5. Assessable Trip Length 4,7 miles
II. Compute Trip Ends Per Day
Trip Generation Rate ~ 3.87 ~ X Size { 1 J X Percent New Trips ~ 100% J = ~ 3.87 ~ TEs/Day
III. Compute Lane-Miles Consumed Per Day
IV. Compute Gross Impact Cost
Lane-Miles Per Day J 0.001005 1 X Cost/Lane/Mile J $854,170 J = ~ $ 858.67 JGross Fee
V. Compute Credit
Days/Yead 365 [ TSs/Da), Miles/Gal 18 I X J 5½4 J I 11.654 } = I $303.72l Credit
J 3.87 X Total Trip Length X Tax/Gal I 0.123 J X Present Worth Factor
VI, Compute Net Impact Fee
Gross Fee~ $ 858.67 J Credit J $ 303,72 ~ = J $ 554.95 J Impact Fee Due
Recommendation: $607.00 consistent with High-rise Multi-family
EXECUTIVE SUMMARY
ACCEPT CERTAIN EASEMENTS IN ORDER TO IMPROVE VARIOUS ROAD INTERSECTIONS.
OBJECTIVE: To obtain acceptance from the Board of County Commissioners (the "Board"), for certain
Easements from three (3) property owners in order to improve various road intersections.
CONSIDERATION: Collier County's Transportation Department has determined for the safety of the public,
that various intersections located in Collier County need to be improved.
One such area is the intersection of White Boulevard and CR-951. The County plans to reconstruct the
westbound lanes on Weber Boulevard to include dual left turn lanes, a single through lane, and a shared
through/right turn lane. There will also be drainage improvements along the north side of White Boulevard
between the CR-951 canal and Weber Boulevard.
Another such area is the intersection of Davis Boulevard and Shadowlawn Drive. On the southside of Davis
,_-Boulevard, the County plans to construct a northbound fight turn lane onto Shadowlawn Drive and enclose the
:isting roadway swale. On the northside of Davis Boulevard, the County plans to construct a southbound
right tum lane onto Shadowlawn Drive.
Two (2) property owners have donated the required easements, East Naples Baptist Church and Richard L.
Jaeger, Trustee, (see copies of documents attached). Hy and Anita Bershad, property owners located at the
intersection of White Boulevard and CR-951 have requested compensation for use of .551 acres. An in-house
market analysis performed by Collier County' s Review Appraiser determined that the easements required for
the intersection improvements are valued at $12,275. The Property Owners countered the offer at $17,000 in
order to receive reimbursement for actual expenses incurred. These expenses include Appraisal Fees and
Attorney Fees. Staff has reviewed these fees and has concluded that the additional compensation is fair and
justified.
~.FISCAL IMPACT: Estimated cost to purchase the fight-of-way required for the intersection improvements is
$17,500.00. This total includes compensation, recording fees and title policies for all four (4) required
easements.
Funds are available inroad Construction Gas Tax CIP.
GROWTH MANAGEMENT IMPACT: None
-ECOMMENDATION: That the Board:
AlECOMMENDATION: That the Board:
~. Accept the easements required to complete the intersection improvements;
2. Approve compensation in the amount of $17,000 to Hy Bershad and Anita Bershad for the easements
required to improve the intersection at White Boulevard and CR 951;
3. Waive the requirement for appraisals pursuant to F.S. 125.355;
4. Authorize the Chairwoman to execute the attached Easement Agreement with Mr. & Mrs. Bershad, and
other documents when presented, required for closing and to clear title once approved by the County
Attorney's Office;
5. Authorize staff to record the easements and any other necessary documents in the Public Records of Collier
County, Florida; and
6. Authorize the Finance Department to issue appropriate checks required for closing.
Wilma J. Iverson, Setf-~6r Specialist
Real Property Management Departm. ent
~it& M taz, PrGect Maria ir ":,;t l'-~:". '~2 ....'/%' ~"~ ....
. {.:~ ....... -~ ... ~,. DATE:
~PROVED B~ DATE: ~
Ed Ilsc~ idminGtGtor
Public Works Division
PROJECT: Intersection Improvements
PARCEL NO: 101 & 801
EASEMENTAGREEMENT
THIS EASEMENT AGREEMENT (hereina~er referred to as the "Agreement") is
made and entered into by and between HY A. BERSHAD AND ANITA R. BERSHAD,
husband and wife, (hereina~er referred to as "Owner"), and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns (hereina~er
referred to as "Purchaser');
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road
right-of-way, sidewalk drainage, utility and maintenance purposes over, under, upon
and across the lands described in Exhibit "A", which is attached hereto and made a part
of this Agreement;
WHEREAS, Purchaser requires a perpetual, non-exclusive easement for
drainage, utility and maintenance purposes over, under, upon and across the lands
described in Exhibit "B", which is attached hereto and made a part of this Agreement;
WHEREAS. the property described in Exhibit "A" and "B" shall be collectively
referred to as the "Property"; ..~
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property;
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. Owner shall convey the Property to Purchaser for the sum of $17,000, payable by
County Warrant (said transaction hereina~er referred to as the "Closing"). Said
payment shall be full compensation for the Property conveyed, including all
,l~ndscaping, trees, shrubs, improvements, and fixtures located thereon, and for
any damages resulting to Owner"s remaining lands, and for all other damages in
connection with conveyance of said Property to Purchaser.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments
which will remove, release or subordinate such encumbrances from the Property
upon their recording in the public records of Collier County, Florida. Owner shall
provide such instruments, propedy executed, to Purchaser on or before the date
of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless :
Closing shall occur within sixty (60) days from the date Purchaser executes this
Agreement; provided; however, that Purchaser shall have the unilateral right to
extend the term of this Agreement pending receipt of such instruments, properly
executed, which either remove, release or subordinate any and all such liens,
encumbrances or qualifications affecting Purchaser's enjoyment of the Property. .,
At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall
deliver the conveyance instrument to Purchaser in a form acceptable to
Purchaser.
4. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written
AUG rj 3 'iS 9
,,,
Easement Agreement Page 2
Agreement, including all exhibits attached hereto, shall constitute the entire
Agreement and understanding of the padies, and there are no other prior or
contemporaneous written or oral agreements, undertakings, promises, warranties,
or covenants not contained herein.
5. Owner is aware and understands that the "offer" to purchase represented by this
Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
6. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws;
that no hazardous substances have been generated, stored, treated or transferred
on the Property except as specifically disclosed to the Purchaser; that the Owner
has no knowledge of any spill or environmental law violation on any property
contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the
Owner has not received notice and otherwise has no knowledge of a) any spill on
the Property, b) any existing or threatened environmental lien against the Property
or c) any lawsuit, proceeding or investigation regarding the generation, storage,
treatment, spill or transfer of hazardous substances on the Property. This .
provision shall survive Closing and is not deemed satisfied by conveyance of title.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser with respect to, any and all damages, -:.
claims, liabilities, laws, costs and expenses (inCluding without limitation
reasonable paralegal and attorney fees and expenses whether in court, out of
court, in bankruptcy or administrative proceedings or on appeal), penalties or fines
incurred by or asserted against the Purchaser by reason or arising out of the
breach of Owner's representation under Section 6. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
8. The Purchaser shall pay for all costs of recording the conveyance instrument in
the Public Records of Collier County, Florida. All other costs associated with this
transaction including but not limited to transfer, documentary and intangible taxes,
and recording costs for any curative instruments shall be borne and paid by
Owner. Owner shall be responsible for paying any costs and/or fees associated
with the securing and recording a Subordination, Consent & Joinder of Easement
of the mortgage(s) recorded against the Property from the mortgagee(s).
9. This Agreement and the terms and provisions hereof shall be effective as of the
date this~ Agreement is executed by both parties and shall inure to the benefit of
and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustees, and/or assignees,
whenever the context so requires or admits.
10. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner 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 the Property held in such capacity is conveyed to
Purchaser, its successors and assigns. (If the corporation is registered with the
Federal Securities Exchange Commission or registered pursuant to Chapter 517,
Florida Statutes, whose stock is for sale to the general public, it is hereby exempt
from the provisions of Chapter 266, Florida Statutes.)
11. This Agreement is governed and construed in accordance with the laws of the ,.
State of Florida.
,I
Easement Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this __ day of ,19
Date Property acquisition approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk Pamela S. Mac'Kie, Chairwoman
AS TO OWNER:
..;
Witne~(S~t~re)(
Witne ' g~e) ~ (Print &r Typ~ '
Approved as to form and
legal sufficiency:
He]di F. Ashton
Assistant County Attorney
PROJECT NO. 66065
PROJECT PARCEL NO. 101
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE EAST 62 FEET OF THE WEST 122 FEET OF THE NORTH 20
FEET OF THE SOUTH 50 FEET, TOGETHER WITH THE WEST 538
FEET OF THE EAST 568 FEET OF THE NORTH 10 FEET OF THE
SOUTH 40 FEET OF TRACT 150, GOLDEN GATE ESTATES UNIT NO.
27, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE
OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT
BOOK 7, PAGE 17
CR-951 RAN
100 FOOT CANAL R/AN
/'
39~ STREET (50 FT RAN)
............ S F"I .................................................................................
! 20FEET
, ~
:~ ~ 62 FEET
,
:, :,
I,: .m 10FEET
! TRACT 150. UNIT 27 TRACT 149
WHITE BLVD.
{50 FT R/W) h ~ -
NORTH ,/~
/ /
i ~ .4~ PROPOSED ROAD RIGHT-OF-WAY, DRAINAGE.
, I UTILITY & MAINTENANCE EASEMENT
, i } EXHIBIT '1
WEBER BOULEVAR6
(60 FT R/W)
PROJECT NO. 66065
PROJECT PARCEL NO. 801
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE EAST 62 FEET OF THE WEST 122 FEET OF THE NORTH 20
FEET OF THE SOUTH 70 FEET, TOGETHER WITH THE WEST 538
FEET OF THE EAST 568 FEET OF THE NORTH 30 FEET OF THE
SOUTH 70 FEET OF TRACT 150, GOLDEN GATE ESTATES UNIT NO.
27, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE
OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT
BOOK 7, PAGE 17
CR-951 P, JW
100 FOOT CANAL PJ/W
39e~ STREET (60 FT
............ ~ F"T": ......................................................................................
~ ; ~': ' '~ 20 FEET (DRAINAGE EASEMENT)
,
' * 62 FEET
:1,' ,4 30 FEET (DRAIANGE EASEMENT)
~ ~ TRACT 150, UNIT 27 TRACT 149
WHITE BLVD. ; '
(60 FT R~) ~'. ~ ',
' !; NORTH/'~
, / /
i ! PROPOSED ROAD RIGHT-OF-WAY, DRAINAGE,
; "~ "~ ' UTILITY & MAINTENANCE EASEMENT
WEBER BOULEVARD
(60 FT PJW)
SCALE: 1 inch = 100feet
Collier Counh, Real Property Management Deparlment 12/15/98. 10:17
PROJECT: Multiple Intersections
-----,- PARCEL: 101
FOLIO: 61430040006
EASEMENT
THIS EASEMENT, made and entered into this ,~,-.)-, day of
1977 , by East Naples Baptist Church, Inc., a Florida non-profit Florida corporation,
whose mailing address is 1697 Shadowlawn Drive, Naples, Florida 34112, as Grantor
to COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is 3301 Tamiami Trail East, Naples, Florida 34112, its successors and assigns,
as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive, license, and privilege for road right of way, sidewalk,
drainage, control box, utility and maintenance purposes, on the following described
lands located in Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions. and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating ar~d~maintaining road right of way, sidewalk, drainage, control box, and utility
facilities thereon. Grantor and Grantee are used for singular or plural, as the context
requires. The easement granted herein shall constitute easements running with the
land and shall burden the lands described above.
tN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
Witnesses
· --//JJ-j~,u~ ;~Z ~4~ East Naples Baptist Church, Inc.
,JEFFREY/7, F'~E//~
~~ ~ ~esiden~~n[
Signature
Print Name
COUNTY OF ~~
The for2_~oing Easement was acknowledged before me this ¢~2--- day of
C'~,~,,-c , 1999, by (name) ~'~1~ F~e~- (title)
corporation, who is~ ~ersonall~~st Na~les Bap t Church, a non-profit Florida
.
known to m~) or who has produced
as identification.
Signature ~f Nota~ Public
. ';~ .~:.: .~.,,
My Commission Expires: ? .W / -~ /
AUG 0 3
COPY
PUBLIC WORKS ENGINEERING DEPARTMENT . . . "'
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-B192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO .................. 66065
PROJECT PARCEL NO ........ 101
TAX PARCEL NO .....................................
I
...... I ..... DAVIS BOULEVARD (S.R. 84)
' o. _..42,.~: .... N 89°25'20'' E
-
[ ' 3b" ' ' 15' 42.3' 42.3'
I
I ,,, I PARCEL
Z
LU
x "i
Z I
I ~ ,,,:
I ~ ~1 LOT ~ ,OT
I~1
I
I
DESCRIPTION:
THE NORT IFTEEN (15') FEET OF THE WEST FIFTEEN (15') FEET OF LOT 1, BLOCK 1,
OF THE P~,~HEREOF, NAPLES BETTER HOMES, AS RECORDED IN PLAT BOOK 2,
PAGE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
COI~i'i~AINING 225 SQUARE FEET MORE OR LESS.
GENERAL NOTES
2) P.O.B. = POINT OF BEGINNING PREPARED B , TE ....
3) SEC. = SECTION ~GEORGE R. RICHMOND
4) TWP. = TOWNSHIP PROFESSIONAL ~ND SURVEYOR-FL. REG. N 2406
5) ~GE. = ~NGE PUBLIC WORKS ENGINEERING DEPT.
6) ~ * RIGHT OF WAY
COLLIER COUN~ GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF
3~ EAST TAMIAMI TRAIL
3) NOT VALID UNLESS 81GNED AND SEALED WITH THE
!MBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR NAPLES, FLORIDA 34112
NOT TO 8CALF NOVEMBER 6, 1998 INTERS1 8HEFT 1 OF 1
PROJECT: Multiple Intersections
PARCEL: 102
FOLIO: 61833880009
EASEMENT
THIS EASEMENT, made and entered into this ..~(,) day of
19~¢', by Richard L. Jaeger, Trustee of the Richard L. Jaeger LiviNg Trust date~
November 15, 1994, whose mailing address is 1635 Pine Ridge Road, Naples, Florida
34109, as Grantor to COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, its
successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WiTNESSETH:
Grantor, for and in consideration ol~ TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive, license, and privilege for road right of way, sidewalk,
drainage, utility and maintenance purposes, on the following described lands located in
Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating arfd~ maintaining road right of way, sidewalk, drainage, and utility facilities
thereon. Grantor and Grantee are used for singular or plural, as the context requires.
The 'easement granted herein shall constitute easements running with the land and
shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written,
'~jA,'A//.Zr 2~ ~ R~chard L. JaegerZ:~ustee~
Print Name
Cu
"""' STATE OF ~'~4:,-
COUNTY OF:.
· Easement was acknowledged before me this ,,,~z~ day of
-- personally known o or who has produced
T~ust bated November 15, 1994, who is ~ ~ me
as identific~.
Affix notarial seal Signature~~c
z;;~:~"""- ~ Print Name of Nota~ Public
~ ~ j~.m Commission fi
'.-.:~ .~ ,o~~.~ My Commission Expires:
prepared by:
330[ East Tcmiami lr~1
Ha~l~s, Florida 34~Z
PUBLIC WORKS ENGINEERING DEPARTMENT
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
NOT A SURVEY
PROJECT NO ................ 66065
PARCEL NO ......................102
TAX PARCEL NO .....................................
t ] N 89'14'40" E
155.00'
A PORTION OF
F.- ~ THE EAST 155' Z
LLI
LU PARCEL 102 ~,
.. N B9'14'40" E S 89"14'40"W P.OB. --
~: 1153.2' :I~'C~' 1"33"~'1""
· . .... Q
.
DAVIS BOULEVARD I "r
:
o,
S.R.84.~- SOUTH LINE LOT 28
.......... ,,,,. .J
P.o.c. 100' R\W
DESCRIPTION:
COM4~CE AT THE SOUTHWEST CORNER OF LOT 28, NAPLES GROVE AND TRUCK COMPANY'S
LITTLE FARMS NO. 2. AS RECORDED IN PLAT BOOK'l, PAGE 27A, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE N 00"26'20" W ALONG THE WEST LINE OF SAID LOT 28 A
DISTANCE OF 55.0 FEET TO THE NORTH RIGHT OF WAY LINE OF DAVIS BOULEVARD (SR. 84)
THENCE N 89'14'40" E ALONG SAID NORTH RIGHT OF WAY LINE A DISTANCE OF 1153,2 FEET
TO THE WEST LINE OF THE EAST 155 FEET OF SAID LOT 28; THENCE CONTINUE ALONG SAID LINE
N 89"14'40" E A DISTANCE OF 133 0 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND
HEREINAFTER DESCRIBED: THENCE N 44'21'15" E A DISTANCE OF 31.17 FEET; TO THE WEST
RIGHT OF WAY LINE OF SHADOWLAWN AVENUE; THENCE S 00°3210" E A DISTANCE OF 22.0 FEET
TO THE POINT OF INTERSECTION OF THE WEST RIGHT OF WAY LINE OF SHADOWLAWN AVENUE
AND THE NORTH RIGHT OF WAY LINE OF AFORESAID DAVIS BOULEVARD; THENCE S 89'14'40"W A
DISTANCE OF 22,0 FEET TOTHE POINT OF BEGINNING.
CONTAINING 242 SQUARE FEET MORE OR LESS.
GENERAL NOTES
2) P.O.B. = POINT OF BEGINNING PREPARED B ................................... DATE ................
3) SEC. = SECTION ORGE R. RICHMOND
4) TWP. = TOWNSHIP
5) RGE. = RANGE PROFESSIONAL LAND SURVEYOR-FL REG. # 2406
6) RAN = RIGHT OF WAY PUBLIC WORKS ENGINEERING DEPT.
COLLIER COUNTY GOVERNMENT COMPLEX
7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMi TRAIL
8) NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES. FLORIDA 34112
NOT TO SCALE NOVEMBER 9, 1998 INTERS2 SHEET 1 OF 1
PROJECT: Intersection Improvements
EASEMENT
THIS EASEMENT, made and entered into this/L/~ day of
19 c[,-1, by Hy A. Betshad and Anita R, Bershad, husband and wife, whose mailing
address is 9160 The Ln, Naples, Florida 34109, as Grantor to COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3301 Tamiami
Trail East, Naples, Florida 34112, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive, license, and privilege for road right of way, sidewalk,
drainage, utility and maintenance purposes, on the following described lands located in
Collier County, Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter
upon said land, place, excavate, and take materials for the purpose of constructing,
operating and maintaining road right of way, sidewalk, drainage, and utility facilities
thereon. Gr'~a~qtor and Grantee are used for singular or plural, as the context requires.
The easement granted herein shall constitute easements running with the land and
shall.burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
WITNES !l %' fly ~' BEIS'SHAD
(Print Name of Witness) l
~ .ko U.~~.,.9~, Address: 9160 The Ln
(Print N;~r;~of WitP{e~'s)
Naples, Florida 34i 09
(Print Na~e of Witn~)
COUNTY OF ~
The foregoing Easement was acknowledged before me on this ~ay of
YYj~~ .... Serial/Oommission No.
My Commission Expires:
STATE OF ~
GOUNTY OF ~
The foregoing Easement was acknowledged before me on this ~day of
r~ 1999 by Anita R Bershad who is personally known to me
p . _d ............. a~ ~d~ntification.
(A~x Notarial Seal) ' ~L~ ,._ ~ l~p,
,~ (Siena ure oublic)( ~, ~
My Commission Expires:
PROJECT NO.' 66065
PROJECT PARCEL NO. 101
LEGAL DESCRIPTION & SKETCH
(NOT A SURVEY)
THE EAST 62 FEET OF THE WEST 122 FEET OF THE NORTH 20
FEET OF THE SOUTH 50 FEET, TOGETHER WITH THE WEST 538
FEET OF THE EAST 568 FEET OF THE NORTH 10 FEET OF THE
SOUTH 40 FEET OF TRACT 150, GOLDEN GATE ESTATES UNIT NO.
27, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE
OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT
BOOK 7, PAGE 17
CR-951 RNV
__/
100 FOOT CANAL RflW
/'
39· STREET (60 FT R/W)
............ '~ F"3 ....................................................... ' ....................................
~ i,; :,l 20 FEET
' ~ 62FEET
k: , 10 FEET
; i TRACT 150, UNIT 27 TRACT 149
WHITE BLVD. ~
(60 FT R/W) k !, -
: : , NORTH ,/~
.~ ~._ PROPOSED ROAD RIGHT-OF-WAY, DRAINAGE, UTILI~ & ~INTENANCE EASEMENT
I
, ~: · EXHIBIT
,.
........... ~o n 3e .TL j ....................~. ~E .....................................................
WEBER BOULEVARD
(60 FT ~)
Gogn~ Reap P~pe~ Management Depa~nl 1~15/98 9:12 AM
PROJECT: Intersection Improvements
PARCEL: 801 ,!
THIS EASEMENT, made and entered into this IVjt~ day of ':Tiu3),~ :" ~ "
19qfi, by Hy A. Bershad and Anita R. Bershad, husband and wife, whose mailing
address is 9160 The Ln, Naples, Florida 34109, as Grantor, and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3301 East
Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the padies to
this instrument and their respective heirs, legal representatives, successors and
assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and .sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a
perpetual, non-exclusive easement, license, and privilege to enter upon and to install
and maintain drainage and utility facilities on the following described lands located in
Collier County, Florida, to wit:
See attached Exhibit "A" which is
· incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS tS NOT HOMESTEAD PROPERTY
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, place, excavate, and remove materials for the purpose of
constructing, operating, and maintaining drainage and utility facilities thereon. Grantor
and Grantee are used for singular or plural, as the context requires. The easement
granted herein shall constitute easements running with the land and shall burden the
lands described above.
IN WIT?',I~ESS WHEREOF, the Grantor has caused these presents to be executed
I
WITNE S ANITA R. BERSHAD
(Print Name of Witness)
~ ,~ L~f,o~~, Address: 9160 The Ln
WITNE~ ~ v ' Naples, Florida 34109
,_ (Print Na~e~f W~ss)
STATE OF -;)P'JY"~"O'J~ "
'
COUNTY OF (Lc' %LuL% '.
he foregoing Drainage Easement was acknowledged before me on this ~q'l~day
~'~,.Z ' ~L~.Vo~ '~ (Print Name of NotaW Public)
!2: ~:~ Serial/Commission No.
_ _ My Commission Expires:
STATE OF
COUNTY OF
· he foregoing Drainage Easement was acknowledged before me on this I~ d~ay
~fr ~ 1999, by Anita R. Barshad, who is personally known to me
o
as-idenfifica ~n.
(Affix Notarial Seal) (~E~'~%~ '
(Print Name of Nota~ Public)
.,.q~~~~ Serial/Commission No.
My Commission Expires:
PROJECT NO. 66065 ,.
PROJECT PARCEL NO. 801
(NOT A SURVEY)
THE EAST 62 FEET OF THE WEST 122 FEET OF THE NORTH 20
FEET OF THE SOUTH 70 FEET, TOGETHER WITH THE WEST 538
FEET OF THE EAST 568 FEET OF THE NORTH 30 FEET OF THE
SOUTH 70 FEET OF TRACT 150, GOLDEN GATE ESTATES UNIT NO.
27, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE
OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT
BOOK 7, PAGE 17
CR-951 R/W
100 FOOT CANAL R//W
39"' STREET 160 FT RAN)
, :! *: ' '* 20 FEET (DRAINAGE EASEMENT)
' :~ 62 FEET
,
:~ :l,, ,, 30 FEET [DRAIANGE EASEMENT)
i , TRACT 150, UNIT 27 TRACT 149
WHITE BLVD.
{60 FT R/W) i,: ~,l ',
, ,::
~ i' NORTH
, ,,
; ~ ',,~ PROPOSED ROAD RIGHT-OF-WAY. DRAINAGE.
' UTILITY & MAINTENANCE EASEMENT
EXHIBIT
........... ~o FT 30 FTL ......................3.0_O.f_E.E.T_ ................................................,_..
WEBER BOULEVARD
(60 FT
................. ~. .r .....................................................................................
SCALE:l inch = 100 feet
CollierCounlyReafProped'/ManagementDepadment 12/15/98t0:17AM
EXECUTIVE SUMMARY
APPROVE A RESOLUTION FOR THE TENTATIVE AWARD OF A CONSTRUCTION
CONTRACT TO PROJECT INTEGRATION, INC., FOR THE NORTH COUNTY
WATER RECLAMATION FACILITY 5-MGD EXPANSION PROJECT, BID 99-2908,
PROJECT 73031
OBJECTIVE: That the Board of County Commissioners, as Ex-Ofricio the Governing Board
of Collier County Water-Sewer District, approve a resolution for the tentative award of a
construction contract to Project Integration, Inc., for the North County Water Reclamation
Facility (NCWRF) 5-mgd Expansion project.
CONSIDERATIONS: On July 22, 1997, the Board approved a Wastewater system 201
Facilities Plan Update and a resolution authorizing the application for a State Revolving Fund
(SRF) Loan for the NCWRF 5-mgd Expansion project.
On May 22, 1998, the Florida Department of Environmental Protection (FDEP) elevated this
project to the fundable portion of~heir project priority list.
On October 6, 1998, the SRF loan application was submitted to FDEP. The attached resolution
-"'- is required as a part of the final submittal to FDEP of all necessary bid award approval
documents.
On June 9, 1999, bids were opened for the above project. Both staff and our consultants, Hazen
and Sawyer, P.C., evaluated the bids with the results for the base bids as follows:
Project Integration, Inc. $18,350,000.00
R. J. Sullivan Corporation $18,450,000.00
The Poole & Kent Company $18,820,000.00
Danis Environmental Industries, Inc. $19,250,000.00
In addition to the base bid, two alternatives (one for adding an on-site sodium hypochlorite
generation system and the other for adding two years of extended contractor warranty) were also
solicited as a part of the bid. However, after review by staff and our consultants, neither of the
alternatives proved economically justified. Therefore, the award will be based on the base bid
only.
Project Integration, Inc., is the lowest, responsive, responsible bidder. They performed
satisfactorily on a similar project for Collier County, having recently completed the $11.5 million
South County Water Reclamation Facility Improvement project, Bid 96-2551. Our design
consultant, Hazen and Sawyer checked their references and recommend award of the' base bid to
Project Integration, Inc., in the amount of $18,350,000.00. Their recommendation letter dated
July 13, 1999 and the bid tabulation are attached.
AUG 0 3 1999
PG, Ir
Executive Summary
Award Bid 99-2908
Page 2
FISCAL IMPACT: Funds in the amount of $20,600,000 are currently budgeted for construction in
-Sewer Impact Fee Fund (413) in FY 99. The project budget will be funded by impact fees,
supplemented with SRF proceeds, in an amount to be determined based on available impact fee
revenues.
GROWTH MANAGEMENT IMPACT: This project is needed to meet increasing wastewater
demands in the north service area of the County and is consistent with the 201 Facilities Plan
Update as approved by the Board on July 22, 1997.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing
Board of the Collier County Water-Sewer District, approve a resolution for the tentative award of a
construction contract to Project Integration, Inc., in the amount of $18,350,000.00, for the NCWRF 5-
mgd Expansion project, Bid 99-2908.
\~<~X[k\l~ Peter Schalt, PMP, Project Manager
Public Works Engineering Department
·
REVIEWED BY ff ibby,,.)p.E., DirectorDATE:
Public Works Engineering Department
REVIEWED BY: _. , ,~;. ~ .v /,j- T, i
Steve Carnell, DirectQ~~
Purchasing/General Services Department
a i~ec
Public Works Division
~VIEWED BiDATE: ~--/~- f 9
Ed Ilsc~er, Administrator
Public Works Division
PS:ps
artacCent: Bid Tabulation Summ~ Copy of Resolution H&S Recommendation Letter
Bid #99-2908 North Regional Water Reclamation Facility 5-MGD Expansion
.- Project Title: North Regional Waler Reclamalion Project Mgr: lnq,iries Sent: 280
Facility 5-MGD Expansion
Tabulation for Bid: 99-2908 Pete Schaf't' Packages Rec: 4
Opening Date: 9-Jun-99
ITEM DESCRIPTION . :: Project Danis
integralinn Po°le &Kent : R~ Ji Sullivan :
Envirnmntl '.:
BASE BID SCIIEDUIJ~ 5: ............ : ........... : ....
I]Consm~cfion oflhe Nor!h Regional Water Reclamalion ......... : .~ .... ..: . :....: ....
FaciliW 5-MGD Expansmn !.ump Snm Price $18,100,600.06 $18,57o,000.00 :$18,200,600.06 $19,000,000.00 ~5 )" ' ......
.2 ·
2 Contingency Allowance for unforeseen conditions ... ::$250.000.00 $250,000.00 .:.:.;. $250,000.00 $250,000.00 ;.;.;.: $250,000.00
durin~ consm~clion : ... . ..
TOTAL BASE BID PRICE FOR ITEMS l&Z $18.350.~00.00 $1~.820,000.(1n . $18.450,090.00 $19 250.(~(}(L0(}:.... .......
, 2
ALTERNATE !11D SCI IEIIULE
I Consm~ction oflhe Sodram !!ypoch!nr~lc (;cneralion . . ...: ........ -.: ..
System Lump Sum Pd¢e $1,07O,O{)a,~() $9~(},000.B0 · $980,06B.(10 $1,600,000.00 ': ·
2 All Cosls associated wilh Item SCG-36 m seclion . .:..:........ :..
00800, Supplemen~a~ General Condilim~s . . .
Lump Sum Price . $400,1}00.00, $350,000.00 ..: $280,000.00 $700,000.00
TOTAL ALTERNATE BID PRICE FO]~ $1,479,0(16.n0 $1,250,000.00 .-$1~260,000.~0 $1,700,000.00 . :. :.. :..
ITEMS 1 ~ ~ . :
-,--2.,. :- 2 ,, ' ..... '...'. , .
Bid Bond A.ached? yes:: .. Yes ve:~: ~ ..... Yes ............... ""
,.. Addenda AcknoWledged? Yesi . · yes Yes .. yes .
Maleria! Mannfac!urer~? Yes;. ..... . Yes iYes ....... Yes
!,ist of Snbconlraclors'~ Y~: Yes y~s Yes . ..
Slatemeat of Experience? Yes. Yes Yes Yes
Tre~qh Safely Acl? Yes · Yes Yes : .Yes
~ ~ ~ Buyer: I~yn Wood : ..: ..... . . . .......
": 75 ~ Witness: Ron Precup .
(2 ,
~ ;~,.:? ~- 1 of 1
1
3 A RESOLUTION OF Tile BOARD OF COUNTY
..-.-- 4 COMh, IISSIONERS OF COLLIEit COUNTY, FLORIDA, AS EX-
5 OFFICIO Tile GOVERNING BOARD OF TIlE COLLIER
6 COUNTY WATER SEWER DISTRICT. PROVIDING FOR TIlE
7 TENTATIVE AWARD OF A CONTRACT TO PROJECT
8 INTEGRATION, INC., TO CONSTRUCT IMPROVEMENTS TO
9 THE NORT!I COUNTY WATER RECLAMATION FACILITY
10 PURSUANT TO TIlE FLORIDA STATE REVOLVING LOAN
11 FUND PROGRAM, SUBJECT TO REGULATORY APPROVAL;
12 AUTHORIZING EXECUTION OF Tile CONTRACT
13 DOCUMENTS BY THE CHAIRMAN OF TIlE BOARD OF
14 COUNTY COMMISSIONERS; PROVIDING FOR THE READING
15 OF THIS RESOLUTION BY TITLE ONLY; AND PROVIDING AN
16 EFFECTIVE DATE.
17
18 WHEREAS, the Board of County Com,nissio,~ers wishes to utilize funds from the
19 Florida State Revolving Fund (SRF) Loau Progrant to construct improvements at the
20 North County Water Reclamation Facility, and
21 WHEREAS, on June 9, 1999, bids were received for the project to construct
22 improvements at the North County Water Reclamation Facility; and
23 WHEREAS, the Board of County Commissioucrs' consulting cnginccr, Hazcn and
24 Sawyer, P.C., has recommended tentative award of the contract to Project Integration,
25 Inc., in the amount of eighteen million three hundred fifty thousand dollars
26 (18,350,000.00),
~, 27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
28 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE
29 GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that:
30 SECTION ONE:
31 A contract to construct improvements to the North County Water Reclamation
32 Facility, pursuant to Bid No. 99-2908, is conditionall>' awarded to Project Integration,
33 Inc., in the total contract amount of $18,350,000.00 subject to approval by the Florida
34 Department of Environmental Protection, and authorizes their Chairman to execute the
35 contract documents.
36 SECTION TWO:
37 This Resolution shall take effect immediately upon adoption.
38 PASSED AND DULY ADOPTED by the Board of County Commissioners of
39 Collier County, Florida this __ day of . , 1999.
40
41 ATTEST: BOARD OF COUNTY COMMISSIONERS
42 Dwight E. Brock, Clerk 'OF COLLIER COUNTY, FLORIDA
43
44 By: By:
45 Pamela S. Mac'Kie, Chairwomdn
46
47
48
49 Approved as to form and egal sufficiency:
52
X 53 ss~stant
, ~
· ::;~ Curpalate Blvd
[.nvironmenlsl Lflgineers & Scientists Be,;aRa~on.F[ 3343~
July 13, 1~9
Vk~ F;~cs~mde~. S. Mad
Mr. Pate S~alt, PMP
COLLIER COUN~
PUBLIC WO~S ENGINEERING DEPARTMENT
3~1 Tamiami [~ii East
Building D
Naples, Flon~a ~112
NCRWRF ~MGD 5pension
Dear Mr. Schalt'
On June 9, 1~, b~ds were m~lv~ for the NCR~F 5 MGD L~anmon const~ction pmje~.
The bid tabulahon was prepar~ by County Pumhasin~ and ~s a~a~ to this leffer ~r ease of
~femn~.
As noted in ~e Bid Tabula~o~,~e S~edule of Bid PROs includes a ~se d~a (~nciuding an
allo~n~ for unforeseen ~itions); Alternate B~a Item I (On-Site Hy~chlonte Gene~tion
System); and Alternate Bid Item 2 ~wo-year E~ended Wauan~) Qn July I 1999, a meeting
was concluded ~een the Coun~ and the Lngineer to ~te~i~ the bas~s of a~a~ for ~e
pmj~ (i.e. - if any of the Alternate B~d Items would be ac~pted). It was dete~ined that
heifer alternate bid item woul~ be ac~pted and t~r~m ~e projed would ~ a~ed ir~
a~ordance wi~ ~e base b~a a~unts, a summa~ of which ~11o~.
· Pmje~ tntegBtior~, Inc $18,350,~0
· R.J. Sullivan Co~ration $18,450,~0
· T~e P~Ie ar~ Kent Company $18,820,~0
- Danis Environmental Inaustnes, Inc. $19,250,000
The Bnge of the ~p throe bids was 2.6 per~nt The apparent low bidder is ~roJect Integration.
Inc.
Proje~ Int~mt~n's bid pa~age ~s ~rnplete As noted in ~e BiC TabulatlorL all
mquimmenB were met regarding the Bid Bond, m~ipt d Addenda, listing of su~ontm~
a~ ~uipmen~matedal suppliers, the trench Safe~ Ad, ana Statement of P'xpenence. We
have con~ed the State B~rd of Professional Regulateon and have ~n informed that Proje~
rnt~ration, Inc. is in good standing, with no claims or hens on ~eir reco~.
We have c~ta~ references for s~x wastewater tma~cnt plant construction proje~
complet~ by Pm~d In~gmtion, Inc. in South Flonda be~en 1~0 ant 1998, with
constation rests ranging from $2.2 million ~ $18.0 million Hazen and Sa~er was involved
in ~s~ion management for four of ~e seven p~oje~ All engineers and municipalities
~nta~ indi~te ~at the ~eren~d pmje~s ~re c~mpleted on or ahead ol schedule and
~th a minimal amount of change or~rs and claims Collier C~nty and Hazen and Sa~er
also have joint ex~nence ~ffi Pmjed IntOration who ~mplet~ Centroe 2 of ~e Collier
Coun~ ~h R~ion ~F U~des on schedule and within bud~t las~ea'
Mr. Pete Schalt
July 13, 1999
Page 2 of 2
The most significant subcontract on the 5 MGD project will be for electrical work All bidders,
including Project Integration, Inc, listed Patrick Power (office ~n Fort l_auderdale, Florida) as the
electrical subcOntractor. Patrick Power is currently completing a large wastewater expansion
project for the City of Naples Tilden Lobnitz Cooper ( t LC), electrical subconsultant for the 5-
MGD project and the City of Naples project, indicates that Patrick Power has performed
satisfactorily on the Naples project.
Based on our review of the apparent low b~ddcr's bid package and qualifications, we
recommend Contract Award to Project Inte.qrabon, Inc If you have any questions. please do
not hesitate to contact us
Very truly yours,
HAZEN AND SAWYER, P.C.
Kurt A. Pfeffer, P E
Project Manager
c: Gary Bo~-'s
Albert Muntz
File 4243- 6 0
EXECUTIVE SUMMARY
APPROVE WORK ORDER VGW-FT-99-3 TO THE V GROUP WILKISON
JOINT VENTURE FOR ENGINEERING SERVICES RELATED TO A
PROPOSED 20-1NCH RECLAIMED WATER MAIN ALONG VANDERBILT
BEACH ROAD, PROJECT 74034.
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Goveming
Board of the Collier County Water Sewer District, approve a Work Order to The V Group
Wilkison Joint Venture (VGW) for engineering services related to a proposed 20-inch
reclaimed water main along Vanderbilt Beach Road between Airport Road and Village
Walk.
CONSIDERATIONS: The Reuse Master Plan, as contained in the 201 Facilities Plan
Update adopted by the Board on July 22, 1997, Agenda Items 12 (c) (4) and 12 (c) (5),
calls for construction of a 20-inch reclaimed water main along Vanderbilt Beach Road
from Airport Road to the Village Walk entrance road in order to complete a loop in the
north reuse system.
The completion of this loop will allow reclaimed water to be provided to customers east
of Airport Road at increased rates of flow and at increased pressure. It will also allow for
more rapid disposal of excess reclaimed water into the injection wells at the north water
plant during the rainy season.
This project is in the proposed budget for next fiscal year (FY00). The Wastewater
Department has requested that the project be designed during the current fiscal year so
that the project can be bid and constructed early in FY00. This Work Order will provide
for the accelerated design of the project.
~ FISCAL IMPACT: This project is proposed to be funded by sewer impact fees. A
C"',,, budget amendment in the amount of $85,000 will be required to transfer funds for
'C engineering and project management fees from sewer impact fee reserves to project
74034 - Vanderbilt Beach Road 20" Reclaimed Water Main.
GROWTH MANAGEMENT IMPACT: This work will facilitate improving the
reliability of reclaimed water service and is consistent with the 201 Facilities Plan
Update.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Goveming Board of the Collier County Water Sewer District, approve and authorize the
PWED Director to execute Work Order VGW-FT-99o3 to The V Group Wilkison Joint
Venture in the amount of $78,015 for the Vanderbilt Beach Road 20" Reclaimed Water
Main and approve the necessary budget amendments.
Executive Summary
Approve Work Order VGW-FT-99-3
Page"
Ronald F. Dillard, P.E., Project Manager
\ ,,t~,' ,,;-.;i Public Works Engineering Department
Rtvx~wEn By: ~i 7"/ffj~' DATE: 7~ ~/q ~
bby, P.E., Director
Public Works Engineering Depaament
REVIEWED BY: J~eCheatham, Wastewater Director DATE: ~'7. ,q-. 6)6?
APPROVED BY: ~ DATE:
Ed Ilschner, Administrator
Public Works Division
RFD:rfd
~VORK ORDER # VGW-FT-99-3
Agreement for Fixed Term Professional Engineering Services
Dated December 8, 1998 (Contract #98-2835)
This Work Order is for professional engineering services for work known as
(Title'~ Vanderbilt Beach Road 20" Reclaimed Water Main from Airport Road to Village Walk.
(Reason for Proiect) To loop the north reclaimed water system in order to provide increased
flows and pressures to customers and to the iniection wells used for emergency disposal.
The work is specified in the proposal dated July 13, 1999 , which is attached hereto and made a
part of this Work Order. In accordance with the Terms and Conditions of the Agreement
referenced above, Work Order # VGW-FT-99-3 is assigned to
The V Group Wilkison Joint Venture
(Firm Name)
Scope of Work:
Task 1 Preliminary Design
Task 2 Final Design
Task 3 Bid Assistance
Task 4 Services During Construction
Task 5 Reimbursables
Schedule of Work: Complete design through Task 2, within 75 days from receipt of
the Notice to Proceed authorizing start of work.
Compensation: In accordance with Article Five of the Agreement, the County will
compensate the Firm in accordance with the negotiated lump sum amount indicated in the
schedule below (if a task is time and material, so indicate and use the established hourly
rate(s) as enumerated in Schedule "A" of the Agreement).
Tasks
1 $ 26,580.00 (time &material)
2 $ 33,515.00 (time &material)
3 $ 4,845.00 (time & materiM)
4 $ 11,575.00 (time &material)
5 $ 1,500.00 (time &material)
TOTAL FEE NOT TO EXCEED $ 78,015.00
Any change within monetary authority of this Work Order made subsequent to final
department approval will be considered an additional service and charged according to
Schedule "A" of the Agreement.
PREPARED BY: __~ ? ' //'/"- Ronald F. Dillard, P.E., Project Manager Date
7-14'
J~ C'heatham, Wastewater D~ector Date
Work Order VGW-FT-99-3
Page 2
APPROVED BY:
Jeff Bibby, P.E., Director Date
Public Works Engineering Department
Approved as to Form and
Legal Sufficie :
orney ACCEPTED BY:
Date: '7/4,4-
The V Group Wilkison Joint Venture
Name of Firm
A T T E S T: ~~//~"x
(Corporate Secretary)
By: n_ ~---~-~-,--[-.G ---~--._) By:
/' Signature
David S. Wilkison, President
Type Name and Title
Tcmplute:SN WO Fixed Term Pro Eng Serv 2
Witnessed:
Signature
Thomas E. Conrecode, Executive Vice President
Type Name and Title
By: ~~ ~
C(::~,~JLTING ENGINEEI~ AND SURVEYOreS
' 9 9 JUL 1 H RP'I ? 5 ?
July 13, 1999 WA#9919
Mr. Ron Dillard, P.E.
Collier County Public Works
Engineering Department
3301 East Tamiami Trail
Naples, Florida 34112
RE: Proposal for Professional Engineering Sen'ices
Collier Count)' Reclaimed Watermain Extension
Dear Mr. Dillard:
As x~'e understand from our meeting, Collier Counw wshes to extend the existing 20"
reclaimed watermain from its terminus just east of the Village Walk entrance to the
northeast comer of the Airport RoadYVanderbilt Beach Road intersection and connect to
an existing main. Ifwe are given a Notice to Proceed on August 4, 1999, we will
complete the Preliminary, Desibm Phase by 9/I 3.99 and the Final Desigm Phase by
10 18.99. The Bidding Phase could begin subsequently.
Based on our meeting and our research, we have prepared the following Scope of
Sen'ices for the design of the reclaimed watermain expansion:
SCOPE OF SERVICES
1.0 PRELIMINARY DESIGN
1.1 Conduct a site visit ofthe project area.
1.2 Schedule and attend pre-application meeting with County Staff.
1.3 Schedule and a pre-application meeting with FDEP to discuss project and
determine any concerns.
1.4 Conduct any project research.
1.5 Coordinate flagging of utilities.
1.6 Prepare a route survey of the project area approximately 1.7 miles along
Vanderbilt Beach Road.
'i rt, ,( t0 "i
The V Group, 5150 Tamiami Trail North, Naples, Florida 34103, (941) 263-3700 Fax (941) 263-9117 ' '
Wilkison & Associates, 3506 Exchange Avenue, Naples, Florida 34104 (941) 643-6752 Fax (941) 643-~ 73
Scop~ of Se~'ices
Pa~e 2 of 4
1.7 Prepare a Preliminary Engineer's Report to include all information collected
and recommendations.
1.8 Prepare preliminary construction plans.
1.9 Prepare a preliminary Engineer's Opinion of Probable Construction Costs.'
1.10 Attend project progress meeting with Counw Staff and prepare meeting
minutes.
2.0 FINAL DESIGN
2.1 Prepare hvdraul ic modeling of extension.
2.2 Prepare construction plans and details based on results of research, survey and
hydraulic modeling information obtained.
2.3 Prepare an Engineer's Final Report.
2.4 Coordinate with the utiliD, companies
2.5 Prepare construction specifications and contract documents conforming to
Collier CounW Standards for use during review and construction.
2.6 Prepare permit application submittal packages ~o County andFDEP.
2.7 Respond to permit~.ing agency comments and provide necessaD, information
to facilitate review.
2.8 Make any plan revisions as required during agency review.
2.9 Prepare the final Engineer's Opinion of Probable Construction Costs.
2.10 Attend progress meeting with County Staff and prepare meeting minutes.
3.0 BID ASSISTANCE
3.1 Prepare the bid package and distribute bid sets to prospective bidders and plan
rooms,
Scop2 of Ser,'ices
Paue 3 of 4
3 2 Attend and coordinate pre-bid meeting.
3.3 Answer any questions based on the bid documents.
3.4 Prepare any bid addendas and distribute to all bidders.
3.5 Attend a bid opening meeting and assist in bid analysis and contractor
selection.
4.0 SERVICES DURING CONSTRUCTION
4.1 Artend and coordinate pre-construction meeting.
4.2 Review shop drawings.
43 Provide onsite construction observation as deemed necessary b}' Collier
Counw and Wilkison & Associates, Inc., to assure timely construction and
compliance with the contract documents and permit conditions. (maxima of
12 visits)
ObserTe all performance testing. (maxima of 2 tests)
4.5 Issue change orders, if required, and assist in pay request administration, as
required. (review a maximum of 4 pay requests}
4.6 Prepare detailed as-built (record) drawings based on contractor provided
information to document constructed product.
4.7 Administer project closeout as required by contract documents and CounD,
requirements.
5.0 REIMBURSABLES
Expenses for reproduction services, courier fees, presentation materials, permit
applications, long distance phone calls, and any other out-of-pocket expenses are
reimbursable to Wilkison & Associates, Inc., at actual cost.
Scope of Services
Paue 4 of 4
CO~IPENSATION
SERVICES FEES
1.0 Preliminary Design $26,580.00
2.0 Final Design S33,515.00
3.(t Bid Assistance S 4.845.00
4.0 Sen ices during Construction Sl 1,575.00
50 Reirnbursables S 1.50000
TOTAL $78,015.00
The V Group \Vilkison Joint Venture proposes to perform the sen'ices described above
on an hourly basis according to the terms and conditions of our Fixed Term Professional
Sen'ices A~reement RFP No. 98-2835 wilh Collier Counp,'.
All application. notary, or recording fees (where applicable ) are to be paid by the client
and are not pan of the tee estimate.
We appreciate the opponuni~, to work with you
SincereIx'.
\V 'liON & ASSOCIATES, INC.
Wilkison, P.E.
President
DSW/pxvk
2c~u~,~,l,xcclmmcd
BUDGET AMENDMENT REQUEST For Budget/Finance Use Only
BA# "/9 - Je, 7
BAR#
APH Date
To BCC Yes No
Sewer S~2stem Development Fees 413
FUND TITLE (FUND NO.)
D ate Prepared: 7/14/99 Attach Executive SummaD'
/6 t X g.)
EXPENSE BUDGET DETAIL
Wastewater Capital Projects 263611 Vanderbilt Bch Reclaim WbI 74034
Cost Center Title Cost Center No. Project Title Project No.
Expenditure Increase Current Revised
Object Code Expenditure Title (Decrease) Budget Budget
631551 PI~D Fees 6,985 - 6,9'
63]400 Engineering Fees 78, 015 - 78, 6
TOTAL 85, 000 - 85, 000
Resen,es 919010
Cost Center Title Cost Center No. Project Title Project No.
Expenditure Increase Current Revised
Object Code Expenditure Title (Decrease) Budget Budget
993000 Reserves for Capital Outlay (85, 000) 7, 03 7, 900 6, 952, 900
TOT. qL (85, 000) 7, 03 7, 900 6, 95Z 900
REVENUE BUDGET DETAIL
Cost Center Title Cost Center No. Project Title Project No.
Expenditure Increase Current Revised
Obiect Code Expenditure Title (Decrease) Budget Budget
TOTAL
WHY ARE FUNDS NEEDED?
Funds are needed for a ~vork order for The V Group/Wilkison Joint Venture for Engineering
Services related to a proposed 20" reclaimed water main along Vanderbill Beach Road.
WHERE ARE FUNDS AVAILABLE?
Funds are available in Fund 413, Reserves for Capital Outlay.
REVIEW PROCESS
DATE
cost cENtER D~cToR:', ~ ~ 7- t 4-q o/
D~vIS~ON ADr,/nN~STPaTO~,:'' ;~ 7-/~ ' ~
BUDGET DEPARTMENT:
AGENCY MANAGER:
FINANCE DEPARTMENT:
CLERK OF BOARD ADMIN:
L NO:
EXECUTIVE SUMMARY
APPROVE A DONATION AGREEMENT AND ACCEPT A UTILITY EASEMENT
FOR ACCESS AND MAINTENANCE WITHIN AUDUBON COUNTRY CLUB.
OBJECTIVE: That the Board of County Commissioners approve a Donation
Agreement and accept a Utility Easement with Audubon Joint Venture for access
and maintenance of the Reclaimed Water Main Back Pressure Sustaining Valves
within Audubon Country Club.
CONSIDERATION: The Real Property Management Department was directed
to acquire a Utility Easement from Audubon Joint Venture, owner of the
underlying land within Audubon Country Club, to permit the County access for
the purpose of constructing, operating and maintaining utility facilities thereon.
""' Upon approval of the Donation Agreement and acceptance of the Utility
Easement from Audubon Joint Venture, Collier County will obtain necessary
access to construct, operate and maintain the Reclaimed Water Main Back
Pressure Sustaining Valves and will provide a means of disposal of effluent from
the wastewater treatment facilities. The Donation Agreement and Utility
Easement are attached and have been reviewed and approved by the County
Attorney's Office.
FISCAL IMPACT: Staff estimates the cost of obtaining title policies and
recording all related documents and expenses will not exceed $750.00.
Funds are available in the Sewer Impact Fee Fund (413) and have been
budgeted for FY 99 in the Back Pressure Sustaining Valves Project (74020).
No on-going costs are associated with this recommendation.
GROWTH MANAGEMENT IMPACT: None
AGENDA ITEM
No./~' Z3
AU6 - 3 1999
Pg ...../
EXECUTIVE SUMMARY
PAGE 2
RECOMMENDATION: That the Board of County Commissioners approve and/or
authorize the following: (1) the Chairwoman of the Board of County
Commissioners to execute the attached Donation Agreement; (2) accept the
attached Utility Easement; and (3) authorize Staff to proceed and record all
necessary documents in the Public Records of Collier County, Florida.
~al ~pe~y ~gement Depa~ment
REVIEWED BY: ~~ ~ ~~ DATE: 2 - / ¢-
Ronald F. Dillard, P.E., Project Manager
Public Works Engineering Depa~ment
REVI EWE D DATE: ,
ibby, P.E., Dir
' ' ' nt
P b~i W '~ s g~e
APPROVED Ed Ilschn~, Administrator DATE: ~ -/~ - ~
Public Works Division
· AUG 0 3 1999
PG, ,,~
PROJECT: 74020
FOLIO: 22510003009, 22510002204, 22510003601
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereina~er referred to as the "Agreement") is made
and entered by and between AUDUBON JOINT VENTURE, a Florida general padnership.
whose mailing address is 15725 North Tam/am/Trail, Naples, FL, hereina~er referred. to as
Owner, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East
Tam/am/Trail, Naples, Florida 34112, its successors and assigns, as County.
(wherever used herein the terms "Owner" and "County" include all the parties to this
instrument and their respective heirs, legal representatives, successors or assigns)
WITNESSETH:
WHEREAS, ,Collier County has requested that Owner convey to the County a
perpetual, non-exclusive easement for the purpose of constructing, operating. and
maintaining utility facilities utilities over, under, upon and across the Owner's property
described in Exhibit "A" which is attached hereto and made a part of this Agreement; and
Whereas, Owner recognizes the benefit to Owner and desires to convey the Easement to the
County for no compensation for the stated purposes, on the terms and conditions set forth
here/n; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey an Easement to Collier County at no cost to the County for
utility purposes.
2. Owner is aware and understand that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
3. Prior to Closing, Owner shall obtain form the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording
in the public records of Collier County, Florida. Owner shall provide such instruments,
propedy executed, to Purchaser on or before the date of Closing.
4. The County shall pay for all costs of recording the conveyance instrument in
transaction in the Public Records of Collier County, Florida.
5. This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties-hereto and their respective heirs, executors, personal
representatives, successors, successor trustees, and/or assignees, whenever the context so
requires or admits.
NO.~
AUG 0 3 1999
PG.
6. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner 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 the.
Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.
7. This Agreement is governed and construed in accordance with the laws of the State of
Flodda
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the
date and year first above written.
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Deputy Clerk Pam S. Mac'Kie, Chairwoman
Agdubon Joint Venture
Wit~es~'(Sig/~ature) ' a Florida general partnership
Name'Z./_/~r/y/~ ,Z~/~'~....4'
/(Print)
Witne88 (Sig~st~e) Title/Na~e
(Print) (Print or type)
AUG 0 3 ltjS9
Page 3
STATE OF F--'t (3 FLi.~ A
COUNTY OF C<~ CLl
The foregoing Donation Agreement was acknowledged before me this -~-~ day of
.~..~_.., '1999, by (name)I~.o~r~T
A d b n Joint Venture, ~ Florid~ general p~nership~ on behalf of the p~nership. who is
uuo
~1~ Rn~wn to m~or who has produced as identification.
(affix notadal seal)
/"~'~ ......h~e L ~orn
co M~ss~. ~ cc~2z~ taRES ( Print name of NotaW Public)
]u~ 2~ 2002 NOTARY PUBLIC
Serial/Commission
My Commission Expires:
Approved as to form and
legal sufficiency: ,,
Heidi F. Ashton
Assistant County Attorne~
3 NO.~
, AUG 0 3 1999
PROJECT: 74020
FOLIO: 22510003009, 22510002204, 22510003601
UTILITY EASEMENT
THIS EASEMENT, made and entered into this .2,~'~'- day of
19 ~,cj , by AUDUBON JOINT VENTURE, a Florida general partnership, as Grantor,
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301
East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee.
(Wherever used herein the terms "Grantor" and "Grantee" include all the padies to
this instrument and their respective heirs, legal representatives, successors or assigns.)
WITNESSETH:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt 'and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its
successors and assigns, a perpetual, non-exclusive easement, license, and priviIege for
utility purposes, on the following described lands located in Collier County, Florida, to
wit:
See attached Exhibit "A" which is
incorporated hereinby reference,
Subject to easements, restrictions, and reservations of record,
THiS IS NOT HOMESTEAD PROPERTY
/
~ TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials including, but not limited
to, sewer lines and pipes, service and pump stations, and other equipment or
improvements appurtenant thereto or thereunder for the purpose of constructing,
operating, and maintaining utility facilities thereon. Grantor and Grantee are used for
singular or plural, as the context requires. The easement granted herein shall
constitute easements running with the land and shall burden the lands described
above.
AU6 0 3 1999
Page 2
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed
the date and year first above written,
e~s~~ Audubon Joint Venture
Witn ~ a Florida general partnership
Name:/'.7~.//'27r/-//Tr ,/~-~-..,<-~ (l~dnt)
Witness (Signature) Title/Name
(Prin6 (Print or type)
STATE OF
COUNTY OF
1999,
as (title) .~ L ~r~ ~'~ of
Audu oinLVenture, a Florida general pa~nership, on behalf of the padnership, who
~lJy knO~or who has produced as identification.
(a~x notarial seal)
~ne~e L A~orn ( Print name of Nota~ Public)
~*~' · ~ ~C~MISS~N ~ CC762Z~ ~R~ES
~u~ 2~ 7002 NOTARY PUBLIC
Serial/Commission
My Commission Expires:
1
AUG 0 3 999
..... : ^UDUBoN Bo_u,Ev^ D ........
~ACT R ~ sC~: 1' -
Z ' s ~'~ ~ ~ L~
~ACT L~I7 ~ T V 12
C~N~Y CLUB. UNiT
S~ UN~ AUOUB~ ~N~Y CLUB, UNiT ~ S B9'35'~1' W
~ 50
DESCRIPTION OF THE CENTERLINE OF A 15 FEET WIDE STRIP OF LAND
RUNNING THROUGH TRACTS L-17, V-12 &: R OF AUDUBON COUNTRY
CLUB, UNIT TWO, PLAT BOOK 21, PAGES 21-26, COLLIER COUNTY,
FLORIDA:
~ AT THE SOUTHEAST CORNER OF SAiD AUDUBON COUNTRY
CLUB, UNIT TWO, THENCE ALONG THE SOUTH LINE OF SAID PLAT,
SOUTH 89'36'31" WEST 25.00 FEET; THENCE ALONG THE WEST LINE OF
TRA~T Y OF SAID PLAT, A.K.A., THE WEST RIGHT-OF-WAY LINE OF
VANDERBILT DRIVE (AS CONVEYED ON SAID PLAT), NORTH 00'44-'27"
WEST 113.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH,66°
39'45" WEST 29.14 FEET; THENCE BY A LINE RUNNING PARALLEL TO
AND 7.50 FEET SOUTHERLY OF THE SOUTH-LINE OF TRACT R, SOUTH
89'15'33" WEST 173.97 .FEET; THENCE SOUTH 35'57'53" WEST 53.00
FEET TO THE POINT OF TERMINAlION.
PREPARED BY:
THIS IS NOT A SURVEYI ~"-~
SKETCH OF DESCRIPTION
FOR COLLIER COUNTY PUBLIC WORKS WILKISON &:
ASSOCIATES
CONSULTING ENGINEERS AND SURVEYORS
3508 EXCHANGE AVE. NAPLES, FLA. 34104
(94.1 643-2404. FAX NO. 94.1 64.3-5173
'~ I DA~IFB P~, DRAWN BY I w.o./~w.. No.
· .?UG" 3 1999
EXECUTIVE SUMMARY
REQUEST FOR SPEED LIMIT REDUCTION AND TRUCK RESTRICTIONS IN
THE ESTEY AVENUE AREA AND BROOKSIDE AREA NEIGHBORHOODS.
OBJECTIVE: To gain Board approval of a Resolution for speed limit reduction and truck
restrictions in the Estey Avenue area and Brookside area neighborhoods.
CONSIDERATIONS: The Transportation Services Department received a petition for the
Neighborhood Traffic Management Program (NTMP) on Estey Avenue. Among the neighborhood
complaints were noise, excessive traffic volumes and speeds, and safety concerns. In addition, staff
has reviewed the load capacity, pavement widths and residential intersection radii, and staff
recommends establishment of weight limits to preserve the structural integrity and life of the streets
that rapidly deteriorate from the heavier loads and volumes. The neighborhood (Attachment 1) has
also requested a speed limit reduction from 30 MPH (miles per hour) to 25 MPH. This
neighborhood is bordered by Rock Creek on two sides and by 25 MPH neighborhoods on the other
two sides. The 85th percentlie speeds on the affected roadways range from 36 to 39 miles per hour.
Some drivers appear not to operate by the speedometer but by conditions they meet. The Traffic
Team believes that a speed limit change accompanied by enforcement may bring about speed
reductions.
The neighborhood has formed a Traffic Team and they are considering long-term or phased concepts
for traffic management. The Team considers this action as the first step, and they will return to the
Board with their N'I'MP plan.
FISCAL IMPACT: The estimated cost for signage is $1,000.00 (10 signs at $100.00 each).
The funds are available in the Road and Bridge Operating Fund ( 101 ).
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve the Resolution for speed reduction and truck
restrictions, authorize the Chairwoman to execute the Resolution, and authorize staff to erect the
appropriate traffic control signs.
SUBMITTED BY:~~ DATE: 7-1
lneer _
~.~(/7 _ DATE:
REVIEWED BY:
' . ~'~ ~sp0rtation Services Director
APPROVED BY _ ~
Ed Ilschner, Public Works Administrator
Attachment No. 1 - Neighborhood Map
AUG O 3 1 99
F'6;. /
1 RESOLUTION NO. 99-
2
3 A RESOLUTION TO DECREASE THE EXISTING SPEED LIMIT FROM
4 THIRTY MILES PER HOUR (30 MPH) TO TWENTY-FIVE MILES PER
5 HOUR (25 MPH) AND TO PROHIBIT THE OPERATION OF TRUCKS AND
6 OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD-CARRYING
7 CAPACITY IN EXCESS OF ONE (1) TON FROM THROUGH MOVEMENTS
8 ON CERTAIN STREETS IN THE ESTEY AVENUE AREA AND BROOKSIDE
9 AREA NEIGHBORHOODS.
10
11 WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners
12 (BCC) to alter or establish a twenty-five mile per hour (25 MPH) speed limit on residential streets;
13 and
14 WHEREAS, Chapter 316, Florida Statutes, permits the BCC to regulate or prohibit any
15 classification or kind' of traffic found to be incompatible with the normal and safe movements of
16 traffic on roads and streets under its jurisdiction; and
17 WHEREAS, an engineering study by the Collier County Transportation Services
18 Department indicates that existing speed limits and excessive through-truck traffic are not
19 compatible with the existing road conditions fhrough the Estey Avenue area and the Brookside area
20 neighborhoods since the streets are in fully developed residential areas and the pavement width,
21 radii, and right-of-way width are not conducive to through truck-traffic; and
22 WHEREAS, Estey Avenue (from Airpod-Pulling Road to Holiday Lane), House Avenue,
23 Steeves Avenue, Hawthorne Court, North Randall Circle, South Randall Circle, Terrace Avenue,
24 Shadowlawn Drive, Pine Street (from Davis Boulevard to Estey Avenue), Pine Lane, Harbor Road,
25 Circle Drive, Mockingbird Lane, Park Way, Rainbow Drive, Christopher Court, Holiday Lane, Harbor
26 Lane, Harbor Place, Brookside Drive, Sunset Lane, Barbizon Lane, Delmar Lane, and Embassy
27 Lane are a contiguous residential street network with roadway widths to accommodate only low
28 traffic volumes traveling at low speeds; and
29 WHEREAS, the BCC has determined that it will be in the best interest and benefit of the
30 citizens of Collier County to decrease the speed limit from thirty miles per hour (30 MPH) to twenty-
31 five miles per hour (25 MPH), and to prohibit the movement of through truck traffic with a rated
32 load-carrying capacity in excess of one (1) ton on certain streets in the Estey Avenue and
33 Brookside area neighborhoods:
34 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
35 OF COLLIER COUNTY, FLORIDA, that the speed limit shall be reduced from thirty miles per hour
36 (30 MPH) and is hereby established at twenty-five miles per hour (25 MPH) on the following
38 Avenue, Hawthorne Court, Nodh Randall Circle, South Randall Circle, Terrace A e e
v , ' '
AUG 0 3 1999
P6
.... 1 Shadowlawn Drive, Pine Street (from Davis Boulevard to Estey Avenue), Pine Lane, Harbor Road,
2 Circle Drive, Mockingbird Lane, Park Way, Rainbow Drive, Christopher Court, Holiday Lane, Harbor
3 Lane, Harbor Place, Brookside Drive, Sunset Lane, Barbizon Lane, Delmar Lane, and Embassy
4 Lane.
5 BE IT FURTHER RESOLVED that the operation of trucks and other commercial vehicles
6 having a rated load-carrying capacity in excess of one (1) ton is hereby expressly prohibited on the
7 following streets: Brookside Drive, Pine Street north of Terrace Avenue, Shadowlawn Drive north
8 of Terrace Avenue, and Estey Avenue.
9 BE IT FURTHER RESOLVED that authorization is hereby given to the Collier County
10 Transportation Servi~:es Department to erect twenty-five mile per hour (25 MPH) speed limit signs
11 and vehicular load limit signs in accordance with Chapter 316, Sections 316.006, 316.008, and
12 316.189, Florida Statutes, Collier County Ordinance No. 91-25.
13 BE IT FURTHER RESOLVED that a copy of this Resolution shall be tendered to the Collier
14 County Sheriff's Office for enforcement of the speed and load limits established herein.
15 BE IT FURTHER RESOLVED that the effective date of the speed reduction and vehicular
16 load limit shall be after written notification of the speed limit reduction and vehicular load limit is
17 delivered to the Collier County Sheriff's Office and upon posting of appropriate signage.
18 This Resolution adopted after motion, second, and majority vote favoring same this
19 day of , 1999.
20
21 ATTEST: BOARD OF COUNTY COMMISSIONERS
22 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
23
24 BY: BY:
25 Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
26
27
28 Approved as to form and legal
32 Heidi F. Ashton
33 Assistant County Attorney
34
35
· ). ~/,,
AUG O 3 1999
EXECUTIVE SUMMARY
AUTHORIZE THE REDESIGN OF AIRPORT-PULLING ROAD TO AN URBAN
ROADWAY TO ALLOW FOR PATHWAYS ON BOTH SIDES OF THE ROADWAY
UNDER THE SIX LANE IMPROVEMENTS, PROJECT NO. 62031; CIE NO. 055
OBJECTIVE: To receive the Board of County Commissioners' authorization to redesign the
Airport-Pulling six lane project as an urban roadway to allow for pathways on both sides of the
highway.
DESCRIPTION: Airport-Pulling Road from Pine Ridge Road to Vanderbilt Road is currently
being designed in-house as a rural roadway with sidewalks only on the west side. The project falls
within the urban area. In response to citizens' requests and the Board of County Commissioner's
request to include pathways on all projects where possible, staff has determined that it is prudent to
provide pathways along both sides of this roadway within this urban arei An urban design will
allow the pathways xvithout any additional right-of-ways requirement.
Also, the redesign should be accomplished within the current schedule and within the current budget
estimate. The current schedule shows construction commencing 9/29/00. The project current
budget estimate is $8,823,946. A location map, a proposed typical section, and the current typical
section are attached as Exhibits "A", "B", and "C" respectively.
FISCAL IMPACT: Funds are available in District 1 Impact Fees.
GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 55 is
consistent with the Transportation sub-element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners authorize staff to
proceed with the redesign and approve the attached proposed typical section.
SUBMITTED BY:' , / ~ Date:
Micah K. M~oTuoi/P.E., P1GP
"~ Project Manager, Public Works Engineering Department
AUG 0 3 1999
.G. /
Executive Summary
Airport-Pulling Road, Project 62031, CIE
Redesign
Page No. 2
REVIEWED BY: ,-~Q Date:
Jeffrey Bibb , P.E.
REVIEWED B~VF-/'''''W? s g~n
/
Edward J.
· . .
APPROVED B Date: '~""/,~" ,~'~
Ed Ilschner
Public Works Administrator
AU6 0 3 1999
111TH AVE. C.R,846 ./ \ IMMOKALEE RD. C.R,846
VANDERBILT BEACH ROAD
~ / ORANGE E'~ E-"
ul BLOSSOM DR, Z 0 ~ >
J&C BLVD. 0 ~ o
COUGAR DR, / ~ PINE RIgGE ROAD, C.R,896
0 ~ 0 GREEN BLVD.
~ ~ 0 GOLDEN GATE PARK~~
0
0
RADIO RD.
Z
~ Z DAVIS BL~SR. 84
,EXHIBIT "A"
o , , LOCAT ON MAP
SCALE ~N MILES ( APPROXIMATE )
AUG 0 3 1999
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'.'~ , AUG 0 3999
EXECUTIVE SUMMARY
AWARD BID 99-2927 TO SELECTED FIRMS FOR TRENCHLESS SEWER SYSTEM
REHABILITATION CONTRACTING SERVICES, PROJECT 73050.
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing Board of
the Collier County Water-Sewer District, approve staffs selection of firms and award annual
contract agreements for trenchless sewer system rehabilitation contracting services on an as-
needed basis.
CONSIDERATIONS: The Wastewater Department has a continuing need for trenchless sewer
system rehabilitation contracting services for repairing faulty sewer pipelines. Staff will identify
repair or replacement work projects requiring the applicable trenchless sewer rehabilitation
method and issue work orders to initiate the work. Other County Departments can also utilize
these contracts for work requiring trenchless pipeline rehabilitation.
Bid documents were prepared for five different Categories of trenchless sewer rehabilitation
methods 4vith a mandatory sixth category for common tasks applicable to all the five methods of
trenchless sewer rehabilitation. A bidder was free to bid more than one category but would be
evaluated on a category-by-category basis for lowest bid: Also, minimum experience
qualifications for bidders were specified for each category.
On April 8, 1999, ninety-nine invitations to bid this project were sent out. Thirteen sets of bid
documents were sold to interested bidders. On May 12, 1999, four bidders submitted bid
packages for one or more categories as summarized in the following table:
BID CA TEGOR Y
BIDDER A B1 B2 C D
S.O.S. Construction Company X - - X
Lanzo Lining Services, Inc. X - - X
Insituform Technologies, Inc. × ....
Madsen-Barr/Philips Utilities X X - - X
Management Corporation, Inc.
X = Bid Received.
The four bidders bid on one or more of the three Categories A, B 1, and D. No bids were received
for the other two Categories B2 and D. Upon review of the four bids, the following firms are
being recommended for selection for the following three categories:
AUG O 3
PG.
Executive Summary
Award Bid 99-2927 Trenchless Sewer System Rehabilitation Contracting Services
Page 2
Category_ A - Cured-in-Place Pipe Contract: Four bids were received of which two rims,
Insituform Technologies, Inc. and Lanzo Lining Services, Inc., met the minimum qualifications:
Staff recommends awarding a contract to Insituform Technologies, Inc., who is the lowest
bidder of the two qualified firms, for the Cured-in-Place Pipe Contract.
Category B1 - Fold-and-Form using HDPE Pipe Contract: Only one bid was received for
this category. The bidding firm Madsen-Barr/Phillip Utilities Management Corporation, Inc. met
the minimum qualifications. Staff reviewed the bid prices and compared them with the others
and found them to be competitive. Staff recommends awarding a contract to Madsen-Barr/Phillip
Utilities Management Corporation, Inc. for the Fold-and-Form using HDPE Pipe Contract.
Category B2 - Fold-and-Form using PVC Pipe Contract: No bids were received.
Category C - Pipe Bursting Contract: No bids were received.
Category_ D - Segmental Sewer Pipe Point Repairs Contract: Three bids were receiv6cr from
three firms, S.O.S Construction Corporation, Lanzo Lining Services, Inc., and Madsen-
Barr/Phillip Utilities Management Corporation, Inc., who all met the minimum qualifications.
--- S.O.S. Construction Corporation was the lowest bidder of the three qualified firms but did not
use the revised bid proposal form issued with Addendum No. 2 which asked for a sum total for
each category bid. Staff has reviewed this irregularity and recommends that the Board deem it to
be minor and accordingly waive it on the basis that it did not result in the bidder gaining a
material, competitive advantage. Staff recommends awarding a contract for Segmental Sewer
Pipe Point Repairs to S.O.S. Construction Corporation.
Since no bids were received for Categories B2 and D, no further action is recommended. The
bids received in three of the five main work categories are sufficient to meet the County's
trenchless sewer system rehabilitation requirements. Category E is work common to all the five
main categories.
The contract period is for one year with three additional one-year renewal periods at the County's
option.
FISCAL IMPACT: Funding for Trenchless Sewer Rehabilitation Services under these
Q, i contracts shall be provided by each user division and contracted by a Work Order and purchase
order funded by the using agency.
GROWTH MANAGEMENT IMPACT: None.
AU6 0 3 1999
Executive Summary
Award Bid 99-2927 Trenchless Sewer System Rehabilitation Contracting Services
Page 3
RECOMMENDATION: That the Board of County Commissioners award annual contracts for
trenchless sewer system rehabilitation contracting services pursuant to Bid 99-2927 consistent
with staffs recommendations, and authorize the Chairwoman to execute the agreements aftei'
review by the County Attorney's Office.
PREPARED BY: ,/~.,-~//C ~,.td.e..t7.... DATE:
Mohan V. Thampi, P.E., Project Manager
Public Works Engineering Department
REVIEWED BY: ' ""~ DATE: "7~'~ ,/(~ c~
~eff Bibby, P.E., Director "'
Public Works Division
':""" ~ 7//C/~ /
APPROVED BY: ,(,/~,_.._..._/)_,~_.L~c) --/C ~ J~, C DATE:
Steve Carnell, Direc[or /' /
Purchasing Department
APPROVED BY:~ DATE:
Ed Ilschner, Administrator
Public Works Division
Attachments: Bid tabulation table for Bid 99-2927 dated May 12, 1999.
MVT:mvt
AUG 0.3 IgSS
. PG.
)
Bid #99-29:t7 Trenchless Sewer System Rehabilitation Contracting Services
Project Title: Trenchless Sewer System Ilehal}ililatinn !hoicct Mgr: Inqnirics Sent:
Contracting Services
Tabulation ~r Rid: 99-2927 Mnhan Thampi Packages Rec: 4
Opening Date: 1 Z-May-99
ITE~'I DESCRIPTION S.O.S. Const. I.anzo !,thing Insituform Philip Utilities
Svcs
A C!/RE!)-! N-Iq.A(]'; !'1 iq';! JN I N(;
TI~(TI ! NO!
A I Cured-hi-Place !'ipe Lining
A I. 1 8" Diameler (0 to 5 fl deep) $.l(,.t)(} $40.(1(~ $38.00 $40.00
A 1.2 8" Diameter (5 to 8 ~ deep) $4(,.1~0 $40.0t~ $38.00 $40.00
A 1.3 8;; l)iamqler (8 m 12 fi deep)
A 1.4 8"l)iamelcr(I 2 h~ Ifi I'~ dcc~_
A 1.5 10" Iliameier ((1 In 5 fi deep) $.18 tiff $.l.IOt} $26.1111 $.15.0D
A I.~ 10" l)iamc~cr (5 m 8 Ii deep) $48.(1{1 $4-1.0() $4 I.O0 $45.00
A 1.7 16" Diameter (8 to 12 ft deep) $48.00 $44.00 $41.00 $45.00
A 1.8 10" Diameter ( 12 to 16 ft deep) $48.01) $44 .(Jr} $41.00 $47.00 :
A 1.9 12" Diameter (0 to 5 fl deep) $5(,:~(1 $52.{~(1~ $22.flt~ $52.00
A 1.10 12" l~iamctcr (5 1o 8 Ii tlccp} $5(, lit} $52.(')! $.13.00 $52.(10
A 1. II 12" l)iametcr (8 I. 12 Ii <lccl~) $5(,.I)1) $52.f)0 $43.0f) $55.00
A 1.1~ ~" I~iamelcr (12 1o 16 Ii deep} $5h.117 $52./)(2, $43.00 $55.00
~ $250.00
~ A 1.13 Reinslalemenl of Service I.alcrals $2(1(11}() $25(}(10 $1 .OIl
~ A 1.14 Add Mohilization/l)cmot,ilizaHm~ il'Jcss Ilklift 1:200 If $5/)O(1~2 $S,llt~t).l}0, $1.fi{~ $5,0()tl.flt}~
~ ' per jol~
Page 1 eft 7
Bid #99-2927 Trenchless Sewer System Rehabilitation Contracting Services
ITEM DESCRIPTION S.O.S. Const. Ijanzo lining lnsituform Philip Utilities
Svcs
CATEGOI~,Y A TOTAl, ..~'//3'OO $8,794.00 $454.00 $5,808.00
B FOI,D-AND-FO!IMIEI} TECIINO!,()G¥
B 1 Fohl-and-Fornsed Pipe Ijning I lsing I I!)PI,;
B 1.1 8" Dianmler (0 to 5 ft deep) $36.00
B 1.2 8" Diameter {5 to 8 ft deep) $36.00
B 1.3 8" Diameter (8 to 12 ft deep) $36.00
B i.4 8" Diameter (12 to 16 ft deep) $41.00
B 1.5 10" Diameter (0 to 5 ~ deep) $41.00
B 1.6 10" l')iameter (5 to 8 f! deep) $41.00
B 1.7 10" Diameter (8 to 12 I'1 deep) $41.00
B 1.8 10" Diameter (12 to 16 ~ deep) $45.00
B 1.9 12" Diameter (0 to 5 ~ deep) $52.00
B 1.I0 12" Diameter (5 to 8 ~ deep) $52.00
B !. I 1 12" Diamcler (R In 12 l'l deep) $5600
II 1.12 12" I)ialllclcr (12 Io 16 fl deep) $56.00
B I. 13 Reinstatement or Service l,alcrals $250.00
B I. 14 Add Mobilizalion/I)cmol,lizalion if less Ih;lll 1:2(1() If $5,0(}0.00
'~ z per ,job
,...,,b
Pa 'ff 7
Bid #99-2927 i Trenchless Sewer System Rehabilitation Contracting Services
I~an~ Ijnin~
ITEM DESCRIPTION S.O.S. Const. Insituform Philip Illilities
Svcs
CATE(;()RY I11 TOTAI, ,4 B N I ~ N B $5~783.00
B !~OL!)-AND-FO!IM!,:I) !EC!!NO!:OGV
B 2 Fohl-and-lrormed Pipe !,ining I lsing I'VC
Pipe
B 2.1 8" Diameler (0 1o 5 rl deep)
B 2.2 8" Diameter 15 to 8 fl deep)
B 2.3 8" Diameter 18 to 12 ft deep)
B 2.4 8" Diameter ( 12 to 16 ft deep)
112.5 10" I)ialllclcr (0 h} 5 I't deep)
1t 2.6 10" ])iamclcr (5 h~ 8 Ii deep)
112.7 1O" l)ian~eter 18 In 12 l'~ deep.)
B 2.8 10" Diameter ( 12 to 16 l'~ deep)
B 2.9 12" Diameter (0 Io 5 ~ deep)
B 2.10 2" Dian~eter (5 Io 8 1i deep)
B 2.11 12" l)iamclcr (8 to 12 I't
1/2.12 12" Diameter ( 12 to 16 fl deep)
13 2.13 ReinStatement o1' Service I,alcflds
B 2.14 Add Mobilizalion/f)emc~bilization if less than 17200 If
per ,job
CATEr;OIlY 112 TOTAl, NB NB NB NB
Page 3 of 7
Bid #99-2927 ; Trenchless Sewer System Rehabilitation Contracting Services
Lanzo Ijning
ITEM DESCRIPTION S.O.S. Const. lnsituform Plsilip Utilities
Svcs
C PIPE BIIRSTING MET!IQD OF I'IPI';
R!~!'I,ACI,;MENT
C ! Pipe Bursting Method Pipe Replacement
with I!!)PE Pipe
C 1.1 4" diameter (0 to 40 fi deep)
C 1.2 6" diameter (0 to 40 ft deep)
C 1.3 8" diameter (0 to 40 ~ deep)
C 1.4 10" diameter (0 Io 40 R deep)
C 1.5 12" diameter (0 to 40 fi deep)
C 1.6 15" diameter (0 to 40 I'1 deep)
C 1.7 18" diameter (0 to 12 I~ deep)
C 1.8 24" diameter ( 12 to 40 ti deep)
C 1.9 30" diameter (0 to 40 tl deep)
C 1.10 36" diameter (0 Io 40 ~ deep)
C 1. I1 Reinstatement of Service i.atcrals
C 1.12 Add Mobilizalion/l)cmobili/alion il' less Illtill 12200 If
per job
CA'I'I.;(;()I~Y (7 T()TAI, NIl NI~ NIl NB
l) I Poi]ll Rel)airs wilh ('ured-ili-I'hlcc Sectional
~Liner (4 I,F)
Pa¢ ,f 7
Bid #99-2~,~ Trenchless Sewer System Rehabilitation Contracting Services
ITEM DESCRIPTION S.O.S. Cnnst. IJanzn I,ining Insitufnrm Philip Utilities
Svcs
D 1.1 Repair &Seal 8" diame|er joints, axial &radial cracks SIft00.00 $2,006.00 $2,4~0.00 '
..... D 1.2 Repair &Seal 10',?. diameter jointsz axial &radial cracks . SIft00.00 $3,0()0.00 $2,450.00
~ D 1.3 Repair &Seal 15" <iian~etcrjqmls~ axial & radial cracks $1~80O 0[) $4,000.0(1 .. $3~300.00
D 1.4 Repair &Seal 18" diametcrjoinls~ axial k radial cracks $2~00n. Ot~ $5,0t~).0t), $3,800.00
D !.5 Repair &Seal 21" diameterjomts~ axial &radial cracks $2~200.0i1' $6,000.0(~! $5,000.00
D 1.6 Repair &Seal 24" diamelerjoints~ axial &radial cracks $2~4f)(l.0(i $7,000.001 $6,500.00
D 1.7 Repair & Seal 30" diameter jointS=axial & radial cracks $4~00fH)p~ $8,00o.t}nl .... $7,500.00
; .... D 1.8 Repair &Seal 36" diameterjoints~ axial & radial cracks $5~00(},0f}~ $ If),OfJf).O0 $8,500.00
t
J (?A'I'I.~(;(II{Y I)! T(JTAI, " ~3~ ~c'~ $.1S ()l (III()NI~ $39,50(}.()f1
i)2 I'oinl liepairs wilh Cnrcd-in-I'hlcc Neclinnal
j Liner (4 Io 10 1,1,')
~ D 2. i R~pair &Seal 8" diamctcr joinlsz axial & radial cracks $125.00 $2,000.00 $675.00
D 2.2 Repair &Seal 10" diamelcrjoinls~ axial & radial cracks ~125.00 $3~000.()0 $675.00
D 2.3 R~pair &Seal 15" diamck-r Ioin~s. axial & radial cracks $150/~t $4,0OO.00 $905.00
D 2.4 Repair &Seal 18" diamctcr,lomlsz axial & ra<lial cracks $225.00 $5,0()0.0() $1,050.00
D 2.5 Repair &Seal 2l" djanlclcrjolllls, axial & ladial clacks $2.1(}0{l $(~:0()(l()(2 $J~375.00
D 2.6 R~air &Seal 24" aliaruder ,joints, axial & radial cracks $250.0() $7,000,()() $2,150.00
~ = D 2.7 ]Repair & Seal 30" diamelcr ,jomls~ axial & radial cracks
p ~ o
~ g P 2.8 ]Repair &Seal 36" diamclcrjoinlS: axial & radial cracks $275.0() $ I(),()(){).O() $2,7(~().00
PRgo 5 of 7
t
Bid #99-2927 Trenchless Sewer System Rehabilitation Contracting Services
!,anzo IAning Insitufnrm Philip Utilities
ITEM DESCRIPTION S.O.S. Const. Svcs
CATEGOI~,Y !)2 TO'I'AIj 7~t/_/~ ~,77 .. $45?00.00 NIl $12,040.00
E WORK TASKS CO~!~ION TO AI~L
'l'l,;(.'l[~()! ,O(;II,;S ..
E 1 Sewer Cleaning anti Root Removal
E 1.1 Heavy Duty Sewer Cleanm~ $3.00 $5.60 $5.00 $15.50
E 2 Bypass !'ump Setup xvith Ilypass !'ipiu~
E 2.1 B~ass 8" Sewer Semp $300.0{} $50.00 $530.00 $100,00
E 2.2 Bypass ! O" to 12" Sewer Scrap $300.00: $100.00 .$747. O0 $1,000.00
E 2.3 Bypass 15" to I 8" Scw~'r Scrap
E 2.4 "' Bypass 24" Sewer Scrap $750:99 $5t t {~0 $95,1,00 $ I 1,500.00
E 3 Bypass Pump Operation
E 3. ! B~ass 4" Pump $200.01} $250.00 $315 .(}(i $110.00
E 3.2 Bypass 6" !'ump $30{).011 $25O.00 $580.00 $120.00
E 3.3 B~ass 8" Pump $351).00 $250.00 $8d5.00 $205.00
E 3.4 Bypass IO"Pmnp $7500~ $2 Sl { L $ I rl t~t}.O0 $530.00
E 4 XVarralily TV Stirroy
l! 4. I Wart'anty 'I'V Slit x, cy $ 1.0l) $ 1.111) $5 ./ill $4.00
Pa' qf 7
c
I
Bid #99-2927 Trenchless Sewer System Rehabilitation Contracting Services
I,anzo I,ining Insitnform Philip ITtilities
DESCRIPTION S.O.S. Const, Svcs
Bid Bond Altached? Yes Yes Yes Yes
Addenda Acknowledged? Yes Yes Yes
Material Manufacturers? Yes Yes Yes , Yes
'!,ist of Stlbcolllraclors'? Yes Yes Yes Ycs
Stalemcnl of I~xpc~ icncc? Yes _ Yes Yes Yes
Buyer:, Lyn Wood
Witness: Ron l'recup
Patio 7 {if 7
EXECUTIVE SUMMARY
APPROVE PROFESSIONAL SERVICES AGREEMENT WITH METCALF &
EDDY, INC. FOR SOUTH COUNTY REGIONAL WATER TREATMENT
PLANT REVERSE OSMOSIS EXPANSION, RFP 98-2891, PROJECT 70054.
OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio
Governing Board of the Collier County Water-Sewer District, approve a negotiated
Professional Services Agreement with Metcalf & Eddy, Inc., to perform
professional engineering design and construction services pursuant to RFP 98-2891.
CONSIDERATIONS: On March 9, 1999 as Agenda Item 16(B)(9), the Board
approved the selection of Metcalf & Eddy, Inc. (M&E) for providing design and
construction services for the South County Regional Water Treatment Plant
(SCRWTP) Reverse Osmosis Expansion project, and authorized staff to negotiate a
professional services agreement.
Staff has negotiated a scope of work and fees with the consultant, Metcalf & Eddy,
Inc. The scope of work consists of three main project elements which are the
reverse osmosis facility, the concentrate disposal system, and a new brackish water
wellfield. M&E will design at minimum an 8-MGD expansion but will investigate
and incorporate into the design an expansion capability of up to 16oMGD.
The basic work tasks include presentation of findings and recommendations in a
preliminary design engineering report, presentation of the recommended design in
the final engineering report, preparing final design and construction bid documents,
providing construction bid services, evaluating bids and making recommendations
for construction award, and providing construction management services.
Additional services include construction inspection, permitting, surveying,
geotechnical investigation, test/exploratory well drilling, water laboratory
services, value engineering review, electronic operations and maintenance
manual, easement plats, and other services. Total estimated fees to provide all
these services for all the tasks in the agreement are $3,920,064.00 and the cost
breakdown is as follows:
Tasks
A2 Preliminary Design $ 589,742
A3 Final Design $1,237,404
A4 Construction Bid Service $ 47,722
A5 Construction Administration $ 573,292
~" A6 Startup Services $ 77,304
A7 Construction Observation $ 697,800
AUG ' 1969
O3
Executive Summary
Approve Professional Services Agreement for SCRWTP Reverse Osmosis Expansion
Page 2
Tasks (continued)
A8 Permitting $ 89,800
A9 Survey $ 45,000
A 10.1 Geotechnical Services $ 15,000
A10.2 Test/Exploratory Well Drilling $ 340,000
A10.3 Laboratory Services $ 25,000
A 10.4 Value Engineering Review $ 30,000
A10.5 Electronic O&M Manual $ 32,000
A10.6 Easement Plats $ 20,000
A 10.7 Operational Permit $ 50,000
A10.8 Other Services $ 50,000
Contract Total = $ 3,920,064
Work tasks will be authorized in phases. For this FY99, Tasks A2, A3, A8, A9,
A10.1, A10.2, A10.3, A10.4, and A10.6 totaling $2,391,946 will be authorized. The
remaining tasks A.4, A.5, A.6, A.7, A10.5, and A10.7, and A10.8 totaling
$1,528,118 need to be budgeted in the fiscal years to follow.
i,.,~X. FISCAL IMPACT: Source of funds is Impact Fees. Funds for engineering services
7~ ~ io'~t iY,000,000.00 are
available for the recommended tasks in FY99. A
budget amendment is needed to transfer $391,946 from Reserves..
GROWTH MANAGEMENT IMPACT: This project is needed to meet future
growth potable water demands as recommended in the 1996 Water Master Plan
Update adopted by the Board on October 22, 1996, Agenda Item 8(B)(1). The
SCRWTP expansion is projected to meet the additional water demand needs through
the year 2015.
RECOMMENDATIONS: Staff recommends that the Board of County
Commissioners, as the Ex-Officio governing board of the Collier County Water-
Sewer District, approve the Professional Services Agreement with Metcalf & Eddy,
Inc., related to the design and construction of the SCRWTP Reverse Osmosis
Expansion RFP 98-2891, Project 70054, and approve the necessary budget
amendment.
,__ " ~ ~"-'~-"'Tr-- DATE:
Mohan V. Thampi, P.E., Project Manager
Public Works Engineering Department
AUG 0 3 1999
Executive Summary
Approve Professional Services Agreement for SCRWTP Reverse Osmosis Expansion
Page 3
REVIEV~'ED BY Jef(Bibby, P.E., Direct"or DATE:
Public Works Engineering Department
REVIEV~'ED BY: ".'-"'%/,~ :c,h;'r',~-,-~,' L------- DATE:
Paul Manausch, Water Director
Public Works Division
APPROVED BI~/'~~~----- DATE:
Ed Ilschner, Administrator
Public Works Division
Attachments: Professional Services Agreement approved by County Attorney (8
originals for Board Chairman's signature).
MVT:mvt
AUG 0 3 1999
"SOUTH COUNTY REGIONAL WATER TREATMENT PLANT
REVERSE OSMOSIS EXPANSION"
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this __day of ,
1999, by and between the Board of County Commissioners for Collier County, Florida, a
political subdivision of the State of Florida and ex-officio the governing board of the Collier
County Water-Sewer District (hereina~er referred to as the "County" or "OWNER") and Metcalf
& Eddy, Inc., a Delaware corporation, authorized to do business in the State of Florida, whose
business address is 3740 Executive Way, Miramar, FL 33025. (hereinafter referred to as the
"CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional engineering services of the
CONSULTANT concerning certain design services for "South County Regional Water
Treatment Plant Reverse Osmosis Expansion" (hereinafter referred to as the "Project"), said
services being more fully described in Schedule A, "Scope of ServiCes", which is attached
hereto and incorporated herein; and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
M&EPSA-1 AUG 0 3 1999
.G.
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases
of the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the pedod of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services to OWNER.
1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days
after receiving its Notice to Proceed, a qualified licensed professional to serve as the
CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The
Project Manager shall be authorized and responsible to act on-behalf of the CONSULTANT
with respect to directing, coordinating and administering all aspects of the services to be
provided and performed under this Agreement. Within five (5) calendar days from the Notice to
I. "°'
M&EPSA-2 AUG O 3 1999
ps.
Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the
----- OWNER a written statement, executed by the proper officers of the CONSULTANT,
acknowledging that the Project Manager shall have full authority to bind and obligate the
CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT
agrees that the Project Manager shall devote whatever time is required to satisfactorily manage
the services to be provided and performed by the CONSULTANT hereunder. The person
selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior
approval and acceptance of the OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to
do such from the OWNER, to promptly remove and replace the Project Manager, or any other
personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors
or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT
to provide and perform services or work pursuant to the requirements of this Agreement, whom
the OWNER shall request in writing to be removed, which request may be made by the
OWNER with or without stating its cause to Consultant.
1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of
professional services that will be performed and pursuant to this Agreement. The
CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this
Agreement shall be subject to the OWNER's review and approval and shall be in accordance
with the generally accepted standards of professional practice in the State of Florida, as well as
in accordance with all published laws, statutes, ordinances, codes, rules, regulations and
requirements of any governmental agencies which regulate or have jurisdiction over the Project
or the services to be provided and performed by CONSULTANT hereunder. In the event of any
conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and
utilize its best professional judgment to advise OWNER regarding resolution of each such
conflict.
M&EPSA-3 AUG 0 3 1999
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or
organization, without OWNER's prior written consent, or unless incident to the proper
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph.
1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion
dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the
OWNER.
1.10. Consultant asserts to Owner that all evaluations of the OWNER'S Project budget,
preliminary estimates of construction cost and detailed estimates of construction cost prepared
by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional
familiar with the construction industry. The CONSULTANT cannot and does not guarantee that
bids or negotiated prices will not vary from any estimate of construction cost or evaluation
prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary,
CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of
the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the
estimates of construction costs prepared by CONSULTANT.
1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or
procedures of construction selected by contractors nor for the safety precautions and programs
incident to the work of contractors.
M&EPSA--4 AUG O 3'19~9
Ps. 7
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT
If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional
Services of the types listed in Article Two herein. These services will be paid for by OWNER as
indicated in Article Five and Schedule B. The following services, if not otherwise specified in
Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER's
schedule or character of construction; and revising previously accepted by OWNER studies,
reports, design documents or Contract Documents when such revisions are required by
changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not
reasonably anticipated prior to the preparation of such studies, reports or documents, or are
due to any other causes beyond CONSULTANT's control.
2.3 Preparation and submission of information to and necessary consultations with the Collier
County Transportation Department, Florida Department of Environmental Protection, Florida
Department of Transportation, South Florida Water Management District, U.S. Army Corps of
Engineers, or other appropriate regulatory agencies, in order to obtain necessary permits or
approvals for construction of the Project, unless the specific obligations regarding the specific
permit are expressly included in Basic Services to be performed by CONSULTANT hereunder
as set forth in the Schedule A-Scope of Services.
2.4 Providing renderings or models for OWNER's use.
M&EPSA-5 AUG 0 3 1999
2.5. Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assisting
OWNER in obtaining process licensing.
2.6. Furnishing services of independent professional associates and consultants for other than
the contract services to be provided by CONSULTANT hereunder.
2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER,
other than visits to the Project site or OWNER's office.
2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services, except as otherwise expressly provided for
herein.
2.9. Providing any type of property surveys, aerial photography or related engineering services
needed for the transfer of interests in real property and field surveys for design purposes and
engineering surveys and staking to enable contractors to proceed with their work and providing
other special field surveys.
2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.12. Additional services rendered by CONSULTANTS in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in lol~0e.r~
M&EPSA-6
AUG O 3 1999
accordance with generally accepted professional engineering practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
3.1. The Owner shall designate in writing a project coordinator to act as OWNER's
representative with respect to the services to be rendered under this Agreement (hereinafter
referred to as the "Project Coordinator"). The Project Coordinator shall have authority to
transmit instructions, receive information, interpret and define OWNER's policies and decisions
with respect to CONSULTANT's services for the Project. However, the Project Coordinator is
not authorized to issue any verbal or written orders or instructions to the CONSULTANT that
would have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatever unless approved, in advance by the County Administrator or his designee:
(a) The scope of services to be provided and performed by the CONSULTANT
hereunder;
(b) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT provided that the change (or the sum of changes) amounts to
10% or less, of the current Board approved amount' and does not exceed
$50,000.
3.2. The Project Coordinator shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to
OWNER's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
M&EPSA-? AUG 0 3 1999
PG.
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the OWNER'S possessior
pertinent to the Project, including existing drawings, specifications, shop
drawings, product literature, previous reports and any other data relative to
design or construction of the Project.
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
Project site to perform the services to be provided by CONSULTANT under
this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER
for CONSULTANT, may be provided during times that are not the normal business hours of the
CONSULTANT.
3.4. OWNER shall be responsible for the acquisition of all easements, property sites,
rights-of-way, or other property rights required for the Project and for the costs thereof, including
the costs of any required land surveys in connection with such acquisition.
ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the
essence with respect to the performance of this Agreement.
M~,F-PSA-8 AUG 0 3 1999
ps._ /I
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
---- services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of
government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the specific cause or causes thereof, or be deemed to
have waived any right which CONSULTANT may have had to request a time extension for that
specific delay.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or
progress of CONSULTANT's services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to
its schedule. This paragraph shall expressly apply to claims for early completion, as well as
claims based on late completion. Provided, however, if through no fault or neglect of the
CONSULTANT, the services to be provided hereunder by Consultant have not been completed
within twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be
equitably adjusted, with respect to those services that have not yet been performed, to reflect
the incremental increase in costs experienced by CONSULTANT after expiration of said
twenty-four (24) month period plus all time extensions granted by Owner to Consultant.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the
services to be provided hereunder in a timely manner, in addition to any other rights or
remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may
withhold any and all payments due and owing to the CONSULTANT until such time as the
CONSULTANT resumes performance of its obligations hereunder in such a manner so as to
M&EPSA-9 AUG 0 3 1999
Ps._ !,--:L_
reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or
will shortly be back on schedule.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS
6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans,
specifications, maps, evaluations, reports, computer assisted design or drafting disks and other
technical data, prepared or developed by CONSULTANT under this Agreement shall be
delivered to and become the property of OWNER. CONSULTANT, at its own expense, may
retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless
CONSULTANT with respect to any claim, brought by any third party against Consultant,
including loss or damage from the claims, including attorneys fees incurred by CONSULTANT,
which claim arises out of OWNER's use of said records, documents, tracings, plans,
specifications, maps, evaluations, reports, computer disks and other technical data on some
other project unless such use is authorized by CONSULTANT.
6.2. With respect to and in consideration for the indemnification provided by OWNER in
paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt
of which is acknowledged by Owner through the signing of this Agreement.
M~EVSA-~O AUG 0 3 1999
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from (a) the date of termination of this
Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly
authorized agents or representatives of OWNER, shall, free of charge, have the right to audit,
inspect and copy all such records and documentation as often as they deem necessary during
the period of this Agreement and during the five (5) year period noted above; provided,
however, such activity shall be conducted only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. The CONSULTANT in consideration of $10.00, paid by Owner, the sufficiency and receipt
of which is acknowledged through the signing of this Agreement, shall protect, defend,
indemnify and hold OWNER and its officers, employees and agents harmless from and against
any and all losses, penalties, damages, professional fees, including attorney fees and all costs
of litigation and judgments arising out of any willful misconduct or negligent act, error or
omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees,
arising out of or incidental to the performance of this Agreement or work performed thereunder.
The consideration exchanged and the provisions of this paragraph shall also pertain to any
claims brought against the OWNER its officers, employees or agents by any employee of the
named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly
employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be
limited in any way by the agreed upon contract price as shown in this Agreement or the
CONSULTANT'S limit of, or lack of, insurance protection.
M,~EPs,~-~ AUG 0 3 1999
PG._J q"'
8.2. CONSULTANT acknowledges that the general conditions of any construction contract
shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees t<
hold harmless and to defend OWNER, its agents and employees from all suits and actions,
including attorney's fees, and all costs of litigation and judgments of any name and description
arising out of or incidental to the performance of the construction contract or work performed
thereunder.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this
Agreement.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's own
staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with,
or use of the services of any other person or firm by CONSULTANT, as independent consultant
or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything in this agreement be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may then otherwise exist without regard to this Agreement.
M&EPSA-]2 AUG 0 3 1999
PG,
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise related to the Project, except those previously made in writing and
identified by CONSULTANT as unsettled at the time of the final payment. Neither the
acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a
waiver of any of OWNER's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
,..__will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) failure to begin work under the
Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly
and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws,
ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms
or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
notice of the material default.
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
---- excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
0~, .o ~c !l
M&EPSA-13 AUG 0 3 1999
Ps. //.o ...
shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and
CONSU[T~,NT's remedies against OWNER shall be the same as and be limited to those
afforded CONSULTANT under paragraph 12.3 below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed. Consultant must mitigate all such costs to the greatest extent reasonably possible.
12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers,
records, documents, drawings, models, and other material set forth and described in this
Agreement, including Paragraph 6.1.
12.5. The OWNER shall have the power to suspend all or any portions of the services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in Article Four
herein.
ARTICLE THIRTEEN
TRUTH IN NEGOTIATION REPRESENTATIONS
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, tO solicit or
O 3 1999 .
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Cedificate, attached hereto
and incorporated herein as Schedule E, stating that wage rates and other factual unit costs
supporting the compensation are accurate, complete and current at the time of the Agreement.
The CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such
interest shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon either party
unless in writing and executed by the party or parties intended to be bound by it.
M&EPSAol5 ~
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United
States Postal Service Department, first class mail service, postage prepaid, return receipt
requested, addressed to the following OWNER's address of record:
Board of County Commissioners,
Collier County Florida
c/o Public Works Engineering Department
3301 Tamiami Trail East, Bldg. D
Naples, FI. 34112
Attention: Mohan Thampi, P.E.
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand or by the United States
Postal Service Department, first class mail service, postage prepaid, return receipt requested,
addressed to the following CONSULTANT's address of record:
Metcalf & Eddy, Inc.
3740 Executive Way
Miramar, FL 33025
16.3. Either party may change its address of record by written notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
M&EPSA-16 AUG O 3 1999
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
thereof shaii impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by
CONSULTANT without the prior written consent of OWNER.
17.4. Waivers by either party of a breach of any provision of this Agreement shall not be
deemed to be a waiver of any other breach and shall not be construed to be a modification of
the terms of this Agreement.
17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.6 This Agreement, initially consisting of 60 continuously numbered pages including the
referenced Schedules and Attachments hereto, constitutes the entire agreement between the
parties hereto and shall supersede, replace and nullify any and all prior agreements or
understandings, written or oral, relating to the matter set forth herein, and any such prior
agreements or understanding shall have no force or effect whatever on this Agreement.
17.7 The OWNER's Project Coordinator shall conduct a formal evaluation of the
CONSULTANT's performance at least once per year for the length of the Agreement. The
evaluation shall be based upon the terms and conditions of the contract, quality of work,
adherence to schedule, cost control and business practices. At minimum, two performance
evaluations shall be conducted, one at the mid-point (50 percent project completion) and the
final one at 100 percent completion of the Project. The evaluations will be forwarded to the
OWNER's Purchasing Department who will enter the evaluations into a Vendor Performance
Evaluation System database and used for future reference.
M&EPSA-17 AUG O 3 1999
ARTICLE EIGHTEEN
APPLICABLE LAW
18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida, and by the laws, rules and regulations of the United States as made applicable to
providing services funded by the United States government. Any suit or action brought by
either party to this Agreement against the other party relating to or arising out of this Agreement
must be brought in the appropriate Florida state court in Collier County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for "South County Regional Water Treatment Plant Reverse Osmosis
Expansion" the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A POLITICAL
Dwight E. Brock, Clerk SUBDIVISION OF THE STATE OF FLORIDA
AND AS EX-OFFICIO THE GOVERNING
By:. BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT
Date: By:
Pamela S. Mac'Kie, Chairwoman
Approved as to form and
legal sufficiency:
Assistant County Attorn~'/
METCALF & EDDY, INC.
Chief Operating Officer
Witness (_J (CORPORATE SEAL)
IN0o,2,~~L)
M&EPSA- e AUG 0 3 1999
SOUTH COUNTY REGIONAL WATER TREATMENT EXPANSION
SCHEDULE A - Scope of Engineering Services
PROJECT DESCRIPTION
Due to the rapidly increasing water demand in the South Collier County service area, the County
desires to provide reverse osmosis treatment and wellfield capacity for the South County
Regional Water Treatment Plant, beyond that of the 1996 Master Plan recommendations.
The existing treatment plant will be evaluated in a master planning effort during the preliminary
design study. Existing hydraulics, chemical feeds, odor control, pumping and storage facilities
will be evaluated for upgrhde and expansion to accommodate all future production in excess of 8-
MGD reverse osmosis expansion. Construction features required to prepare the facility for future
expansion in excess of 8 MGD will be incorporated into the design if the County determines
these features to be cost effective.
The well field evaluation will include an area extending 3 miles north of the WTP site for
available well field capacity. A test well exploratory program will be implemented during the
preliminary design, to determine safe yield per well and the aquifer as a whole for the Southern
well field of the Hawthorn aquifer.
The study will also include a route analysis for transmission mains, and property evaluation for
easement requirements and property acquisition for well vault sites. The wellfield study will
include optimum spacing and yield for each of the wells proposed for the expansion. The study
will also provision of electrical facilities and instrumentation to accommodate the future
well field.
This project ~vill include investigations and design of facilities with a capacity to be determined
by the well field investigation. The initial 8-mgd capacity reverse osmosis plant will be studied
for increase to as much as 16 mgd. Features required to prepare the well field for future
expansion will be incorporated into the design. The wellfield will be investigated for maximum
capacity, up to 24 mgd. The new concentrate disposal wells will be designed to accommodate all
concentrate flows from the ultimate reverse osmosis capacity, as determined in the facility
expansion master plan.
The following sections provide an overview of the professional services to be provided for the
South County Regional Water Treatment Plant Reverse Osmosis Expansion, Concentrate
Disposal Deep Injection Wells, and Southern Wellfield.
There are three basic components to the project:
A. Reverse Osmosis Facility
B. Concentrate Disposal System
C. Southern Well field System
M&EPSA-19 AUG 0 3 1999
The scope of work for each of the three project elements is divided into the following tasks:
A. I Description of Project
A.2 Preliminary Design and Design Report
A.3 Final Design
A.4 Construction Bid Services
A.5 Construction Administration Services
A.6 Startup Services
A.7 Detailed Observation of Construction
A.8 Design Survey
A.9 Permitting Services
A. 10 Additional Services
Each task designator has a suffix identifier for the project element. For example, A.2A is
preliminary design for the Reverse Osmosis Facility; A.2B is preliminary design for the
concentrate disposal system.
PROJECT ELEMENT A - REVERSE OSMOSIS FACILITY
A.1A DESCRIPTION OF PROJECT
A new reverse osmosis (RO) treatment facility will be constructed to operate as a separate and
independent parallel treatment process to the existing 12-MGD lime so~ening process. The
capacity of the ultimate facility will be determined from the recommendations of a facility
expansion master plan, which will be conducted as part of this project. The initial phase
construction project to be implemented in this expansion will have 8-mgd capacity. The initial
8- MGD capacity reverse osmosis plant will be studied for increase to as much as 16 MGD.
Features of the treatment facility and auxiliary systems required for future flows that are cost-
effective to construct in the initial phase of construction will be designed.
The following process components and appurtenances will be designed, procured, installed, and
commissioned:
A.1A.1 RO pretreatment system. The RO pretreatment system will include a static mixer,
dilution water pumps, antiscalant metering pumps, acid metering pumps, cartridge
filters, piping, and instrumentation. Cartridge filtered water will serve as a carrier for
antiscalant and acid and will be fed upstream of the static mixer.
A.1A.2 Reverse osmosis system. Four 2-MGD RO skids will be installed. Membranes will
be selected from among the currently marketed options for reverse osmosis. Standard
and ultra low pressure RO membranes will be evaluated. Use of interstage
hydroturbine pumping, with and without concentrate energy recovery, will be
M&EPSA-20 AUG 0 3 1999
PG. ~3 '
evaluated. Flux, recovery, and staging will be the same as at the North WTP. Skids
will include valves and instrumentation.
A.1A.3 High pressure feed pumps. Vertical turbine can-type pumps with variable speed
drives will feed pretreated water to the RO skids. Pumps will be selected to provide
feed pressures over the full range of conditions expected. VFDs will be located in a
separate, air-conditioned room.
A.1A.4 Process and chemical feed piping. Process piping in the reverse osmosis building will
be stainless steel or PVC, as appropriate to the specified service. Buried piping will
be ductile iron or PVC. Chemical feed piping will be PVC.
A.1A.5 Chemical feed pumps and storage system. Antiscalant, acid, and other chemicals
will be stored in above-grade tanks, configured to provide flooded suction of the
chemical feed pumps (pretreatment and post-treatment).
A.1A.6 Degasifier system. Multiple degasifier towers, including fans, packing media, piping,
and instrumentation, will be installed. The degasifier towers will drain to a clearwell
for transfer pumping.
A.1A.7 Degasifier offgas will be routed for treatment to an existing odor control system.
"' Offgas will be routed through FRP or other piping above grade to the offgas scrubber
units. Pipe supports will be provided for above ground piping.
A.1A.8 Gravity flow or transfer pumping from the clearwell. Alternatives will be evaluated
for transferring permeate from the clearwell to the existing blend well. If required,
transfer pumps will be designed. The transfer pumps will be vertical turbine constant
speed pumps.
A.1A.9 Expansion of ammonia and chlorination facilities, as required. The existing facilities
will be evaluated to determine whether capacity is adequate for the expansion.
A.1A.10 Additional 6 MG ground storage tank for finished water. The configuration of the
ground storage tank will be similar to that of the North WTP.
A. 1A.11 New single-story building for reverse osmosis facility, including process control
room, ventilation, and air conditioning. The process room, chemical storage and feed,
generator room and MCC room will be sized to accommodate expansion of the
facility to 16 mgd.
A.1A.12 Process control room design and layout. The control room will be designed for full-
automated operation interface. It will have a viewing window to the process room.
A. 1A.13 Expansion of electrical power system. New emergency generators will be designed to
supply power for the reverse osmosis process ....
M&EPSA-21 AUG O 3 1999
A.1A.14 Expansion of the instrumentation and control system. The RO control system will
have a control system independent of the lime-softening system. The existing
SCADA system will be modified to access information from the RO control system.
A.1A.15 Evaluation of the wastewater disposal pumping system to accommodate the additional
odor control wastewater flows from the expanded facility.
A.2A PRELIMINARY DESIGN AND DESIGN REPORT
Preliminary design of the reverse osmosis treatment plant will consist of the following major
elements:
Facility expansion master plan
· Site development and layout
Process design
· Piping, mechanical, structural, and building layout
· Instrumentation and controls conceptual plan
A.2A.1 Project Workshops and Staff Interviews - A series of workshops will be held
bem'een County staff and the Consultant's team. These workshops will be held to discuss key
project issues. Four workshops will be held during the Preliminary Design Phase of the project.
Consultant, with assistance from the County., will prepare and distribute draft workshop agenda
for review by the County. After each workshop, Consultant will prepare and submit a technical
memorandum documenting the discussions and decisions made during the workshop. A final
technical memorandum will be issued after incorporating comments on the draft document.
In addition to the workshops, the Consultant will conduct a series of interviews with County
staff. These interviews will address specific issues to be resolved during the project. The
County's Project Manager will assist in identifying the appropriate County staff to be
interviewed for the specific issue of concem. The subject, findings, and recommendations
resulting from the interview will be documented in meeting minutes.
A.2A.2 Preliminary Design Investigations - A facility expansion master planning
study will be conducted to determine the optimum expansion plan for the South Collier Regional
Water Treatment Plant through buildout. The master plan will investigate site usage, hydraulics,
power supply, chemical systems, emergency power, odor control, high-service pumping,
blending facilities and finished water storage. Site requirements for future plant expansions will
be determined in the study, and recommendations for additional land acquisition will be
provided.
M&EPSA-22 AUG 0 3 1999
During the master planning study, an evaluation of blending of Tamiami well water, lime
"" sofiened water and RO permeate will be conducted. An investigation of bypassing of Tamiami
water to blend directly with RO permeate will be studied to evaluate corrosivity and buffering
capacity. The study will determine the maximum RO permeate flow that can be accommodated
at the plant using the bypass option.
Based on the recommendations of the master planning study, the preliminary design will develop
design criteria for major project components:
· pre-treatment
reverse osmosis feed
· degasifi cation and transfer pumping
· chemical feed systems
· concentrate handling
· electrical and emergency power
· instrumentation and controls
Preliminary design task memoranda will be prepared for each of the major elements of the plant
design as described above.
A.2A.3 Building Concepts and Layouts Preliminary building layout and conceptual
elevation views will be presented to the County. The building layout and architectural elevation
viexvs will be finalized after addressing County comments. Exhibits of the final building layout
and elevation views will be provided to the County.
A.2A.4 Site Layout - This task will involve the development of the plant layout to
accommodate the treatment system. The preliminary site layout will be presented to the County
for review and comment. A final site layout will be developed that addresses the County
comments. A final site layout exhibit will be provided to the County. Drawings will be
provided for building floor plans, site layout, architectural elevations, and major yard piping.
A.2A.5 Plant Instrumentation and Control Configuration - The treatment process
control concepts will consist of the primary treatment processes and the chemical feed systems.
A meeting will be held with County staff to discuss process control, monitoring and alarm
feature requirements and the specifics of the control system hardware. The process flow diagram
will serve as the basis for the development of preliminary process and instrumentation diagrams
(P&IDs). The P&IDs will show the type of process and chemical feed system monitoring, and
control alarm features to be provided, and where they are located in the treatment system.
A.2A.6 SCADA Interface The plant treatment process control system concepts and
supervisory control and data acquisition (SCADA) system interface requirements will be
developed in this task. The treatment plant control interface requirements with the County's
existing SCADA system will be discussed with the County's operations staff. The functionality
M&EPSA-23 ~lJ~ O 3 1999
of both the existing and new facility control systems will be evaluated.
The plant control system concept description will describe the type of computerized control
system that will be required to interface with the County's existing system; the hardware
equipment that will comprise the system; plant operational data and alarm condition archiving
requirements; and remote monitoring and process control requirements. A meeting will be
conducted with County staff to present the proposed plant control system features and SCADA
system interface capabilities. The P&IDs and plant control system description will be revised to
reflect changes discussed at the meeting and to present the material in a technical memorandum.
A.2A.7 Plant Electric Utility Requirements The electric utility service requirements
for the treatment system and plant facilities will be developed based on the selected treatment
process configuration and requirements, design criteria and concepts established for the project.
Energy conservation features to be considered will be high efficiency motors for mechanical
equipment; variable speed drives for pumps and mechanical equipment, high luminescence low
voltage lighting, and soft start motor starters.
This subtask effort will also evaluate emergency power expansion at the plant. Emergency power
must be available to critical units in operation when power outages occur. Florida Power &
Light will be contacted to develop a historic record of recent power outages in the area of the
plant site and obtain information on recent and planned improvements to their power delivery
system that would change the historic power outage frequency and duration. The standby
emergency power recommendations will provide a description of the equipment comprising the
system.
A.2A.8 Preliminary Design Report - A Preliminary Design Report documenting the
results of the project's preliminary design effort will be prepared. The recommendations and
preliminary design for the concentrate disposal facilities (Task A.2B) and well field (Task A.2C)
will be included in this report. The individual task technical memoranda that were prepared
throughout the preliminary design effort will be compiled into a comprehensive document. An
outline of the report content will be prepared and reviewed with the County.
Six copies of the draft preliminary design report will be submitted to the County for review. The
Consultant will meet with the County to discuss report review comments. Ten copies of the final
report, incorporating agreed upon changes, will be submitted to the County.
A.3A FINAL DESIGN
In this phase, the Consultant will prepare the contract drawings and specifications for the
construction of the new and modified facilities.
A.3A.1 Design Drawings - Detailed design will consist of preparation of general, civil,
mechanical, architectural, electrical, HVAC, plumbing and structural drawings, instrumentation
M&EPSA-24 A{JG O 3
Pc.
and control drawings, and process layout drawings. Standard details will also be prepared.
Construction drawings will be prepared using AutoCAD format.
A.3A.2 Contract and Technical Specifications - The technical specifications will be
prepared in conformance with the Construction Specifications Institute (CSI) format.
Consultant's standard master construction specifications will be used as the basis for the
technical specifications for the project. Suitable manufacturers and suppliers will be identified
for each specified item.
The County will be provided with both hard and electronic copies of the completed
specifications. The County's latest standard specifications will be incorporated into the General
and Special Conditions sections. Requirements for special provisions will be carefully evaluated
with the County. The electronic copy will be provided in Microsoft Word.
A.3A.3 Design Progress Submittals - Six sets of construction drawings and
specifications will be produced and submitted for County review at the 30-percent, 60-percent
and 90-percent design levels. The drawings will be provided on bound 11-by 17-inch sheets.
After addressing review comments for the 30- and 60-percent submittals, a 90-percent submittal
of the dra~vings and specifications will be produced for final review. The 90-percent submittal
will be defined as a set of drawings and specifications that is complete and biddable, but subject
to final comment from FDEP and the County. After incorporation of review comments, final bid
documents will be prepared by the Consultant and submitted to the County.
A.3A.4 Response to County. Comments - Following receipt of County comments of
each submittal, a meeting will be held with County staff to discuss the requirements and impacts
of the review comments. A memorandum will be prepared that responds to each County
comment to provide a clear understanding of the resulting changes in the design.
A.3A.5 Constructability Review The Consultant will perform a.final internal
constructability review on the final design. Items noted to improve the design will be
incorporated during the internal review process. The anticipated construction schedule will be
revised as needed.
A.3A.6 Construction Cost Estimates The Consultant will prepare opinions of
probable project construction costs. The first cost estimate will be provided at the end of
preliminary design, and will be made a part of the final preliminary design report. This estimate
will be updated for each design submittal (30 and 60 percent). A revised estimate will be
provided with the final bid document submittal. The revised estimate will be provided as a
bound report and will consist of a summary of the overall construction costs as well as a detailed
breakdown of the estimated material, equipment, and labor costs for construction of each project
facility.
Consultant will prepare a final opinion of construction costs based on the 95-percent complete
documents. This cost estimate will provide an opinion of anticipated costs and indicate to
potential bidders the magnitude of the project.
N0
M&EPSA-25
A.3A.7 Final Plan Preparation The final design, 100-percent complete documents,
wilt incorporate comments from the County and FDEP. The final design documents will consist
of bidding and contract documents, technical specifications, and engineering drawings. The final
design documents will incorporate designs of the concentrate disposal system wells and wellfield
facilities developed in Tasks A.3B and A.3C below. Final documents will be prepared for
bidding as a single construction contract.
A bid schedule will be prepared, describing the work to be performed. A meeting will be held
within two weeks of submittal of the final design to discuss comments and recommendations.
The County will provide verbal and written comments and each comment will be addressed by
the Consultant. Six full-size and six half-size copies of completed design drawings and six sets
of specification documents will be submitted to the County.
A.4A CONSTRUCTION BID SERVICES
The Consultant will provide bid period services to the County consisting of production of bid
documents, response to bidder inquiries, preparation of addenda, and review of bids. These
services are described below.
A.4A.1 Reproduction and Distribution of Bid Documents - The final contract
documents will be produced in full and half-size bid sets to provide to the County, bidders,
building exchanges, trade groups, and project team members. The Consultant will coordinate
the distribution and sale of the bid documents, maintenance of the planholders list, and other
aspects of bid documentation distribution.
A.4A.2 Pre-Bid Conference/Response to Bidders Questions - A pre-bid conference
and a project site tour will be conducted. The conference will be held at a convenient location
and the Consultant will maintain a set of notes. Questions will be logged and appropriate
responses will be either given at the conference and/or in addenda prepared by the Consultant.
A.4A.3 Bid Evaluation and Recommendation for Award - The bid packages will be
received and opened at a public location. Bid packages will be reviewed for completeness and
appropriateness for award, and a reconunendation will be made for award of the construction
contract to the lowest responsive, responsible bidder.
A.5A CONSTRUCTION ADMINISTRATION SERVICES
Construction services will consist of construction administration and construction engineering.
The Resident Project Representative (RPR) will perform the daily construction administration
duties. The RPR will also coordinate observation of construction, assembly of warranties and
manufacturers' installation certifications, final inspection, monitoring that required pei, li~2.~
M&EPSA-26 ~U~ B 3 1999
licenses are acquired, and maintaining one set of marked construction drawings reflecting field
changes based on information provided by the contractor. The Resident Project Representative
will provide the general administration of the construction contract, and monitor work that is
done and materials furnished in accordance with plans and specifications.
The construction engineering team will also:
· Review and approve shop drawings, samples and mill tests
· Review and approve contractor applications for payment
· Prepare and negotiate change orders
· Prepare and issue clarifications and interpretations requested by the contractor
· Conduct formal inspections of the project
· Provide recommendations on contractor claims ( limited to 40 hours)
At the completion of the project, and upon receipt of marked up drawings from the Contractor,
the Consultant will prepare and provide the County with one set of reproducible record drawings,
one set on diskette in AutoCAD format and four sets of blue-line record drawings.
A.6A OPERATIONAL AND STARTUP SERVICES
During this phase, the Consultant will provide services to the County under the following tasks:
Operation and Maintenance Manual; Operation and Maintenance Training; and Start-Up
Services. A description of these tasks follows.
A.6A.1 Operation and Maintenance Manual - The Consultant will prepare an
operations and maintenance (O&M) manual for the new facility. It will provide information on
unit process operations; equipment operation and maintenance; instrumentation and electrical
controls; detailed start-up procedures; plant shutdown and emergency procedures; chemical
handling; unit process performance monitoring and laboratory testing procedures; and routine
maintenance procedures. The O&M manual will also contain a compilation of equipment
maintenance data sheets and information provided as part of the contractor's submittal during
construction; schematic diagrams; and equipment maintenance identification numbers.
The O&M manual will cover the unit processes of the new facility, and how those processes
integrate with the existing facilities. The manual will contain the following sections: (1)
introduction; (2) process description; (3) start-up; (4) normal operations; (5) emergency
operations; (6) monitoring and analytical requirements; (7) trouble-shooting guidelines; and (8)
preventative maintenance. The manual will provide instructions for the operation of each unit
process. The manual will specify valve, equipment and instrument numbers in the operations
descriptions.
Ten (10) copies of each draft manual will be submitted to the County for review. Corrections,
,
changes and/or additions required by the County will be performed, and ten (10) copies of each
final manual will be provided in hard cover, three-ring binders.
A.6A.2 Operation and Maintenance Training - The Consultant will provide training
for the operations and maintenance staff of the expanded facility. The Consultant will assist
Collier County in an assessment of the training requirements of the personnel and coordinate the
training requirements with the regulatory requirements for the facility. The Consultant will
prepare lesson plans and training aids for use in training classes and provide water treatment
plant operations specialists to lead operator training classes. The training will complement and
be coordinated with training to be provided by equipment vendors.
A.6A.3 Start-Up Services - The Consultant will conduct a systems checkout, including
troubleshooting of equipment and instrumentation throughout the treatment system. Consultant
will provide on-site advice and troubleshooting throughout the start-up. In addition, Consultant
will provide management training and assistance to plant supervisors.
Once the plant is fully operational, the Consultant will assist facility staff with process
fine-tuning and revise the facility's operations and maintenance manual. The revised O&M
manual xvill reflect changes and incorporate training materials and standard procedures
developed during start-up. All contract documents and computer disks will be catalogued and
delivered to the County. Startup services will be limited to 220 hours of engineering time.
M&EPSA-28 AUG 0 3 1999
3/ .
PROJECT ELEMENT B- CONCENTRATE DISPOSAL SYSTEM
A. 1B DESCRIPTION OF PROJECT
The Concentrate Disposal System portion of the project consists of the following tasks:
A. 1B.1 Provide configuration of two deep injection wells for disposal of RO concentrate and
one monitoring well. Each injection well will have capacity to accommodate the full
reverse osmosis concentrate flow rate at ultimate RO capacity. The monitoring well
will be located between the injection wells, and the wells will be located at the South
County Regional WTP property.
A.1B.2 Develop data necessary to permit the txvo deep injection wells.
A.1B.3 Provide well design, specifications of materials, casing depths, diameters, multiple
concentric casings and other parameters necessary for the satisfactory performance of
the deep injection wells at ultimate RO capacity.
A.1B.4 Provide construction observation, testing, and operational permitting services (after
completion of construction) for the deep injection and monitoring wells.
A.2B PRELI~IINARY DESIGN AND DESIGN REPORT
A.2B.1 Preliminary Design Investigations - The area within and adjacent to the water
treatment plant will be studied to determine suitability of the hydrogeolog'y for concentrate
disposal. The hydrology must be such that it will not allow migration of the injected fluid from
the injection zone into the overlying drinking water aquifers.
A review will be conducted of the available information regarding the design, permitting,
construction and testing of existing area injection wells and other deep wells. Pertinent
hydrologic data on the deep aquifer system will be reviewed. Based on this research and on the
requirements of FDEP, preliminary location and sizing of the two injection wells will be
developed. The preliminary design will be summarized in a technical memorandum, with
preliminary design details and specifications.
A.3B FINAL DESIGN
A.3B.1 Injection Well Design - Two injection wells will be designed for disposal of
concentrate from the reverse osmosis plant. The design assumes that an injection well system
will be the primary method of disposal with emergency back up provided by discharge tO the
M&EPSA-29 AUG O 3 1999
sanitary sewer system. The injection well will be designed as a tubing and packer well as
required by FDEP for concentrate disposal. In addition, one observation well will be designed.
Contract documents and specifications will be prepared for submittal at the 50 percent and 90-
percent completion level. A meeting will be held within two weeks of each submittal to discuss
comments and recommendations. The Consultant will provide written responses to each of the
County's verbal and written comments provided at the review meetings. Meeting minutes will be
prepared and submitted upon completion of the meeting to document the final decisions made
during the final design meeting. Bidding documents will be prepared for incorporation into the
project manual prepared in Task A.3A above.
A.4B CONSTRUCTION BID SERVICES
A.4B.1 Construction Bid Services Consultant will assist the County in bidding and
evaluation of contractors for the injection well system. Consultant will prepare addendum items
to be incorporated in addenda prepared in Task A.4A above. Consultant will review bids and
prepare bid evaluation with recommendation. Due to the specialty nature of this work, the
County may elect to negotiate directly with a contractor. If this option is chosen, the Consultant
will assist the County in negotiating the unit prices and terms.
A.SB CONSTRUCTION ADMINISTRATION SERVICES
Construction administration services to be provided under this task for the construction of the
concentrate disposal system will consist of the following.
A.SB.1 Preconstruction Conference - Consultant will attend a pre-construction
conference with representatives from County and Contractor, as described in Task A.5A above.
A.SB.2 Review of Shop Drawings Consultant will review and process shop
drawings, samples, schedules, certifications and other data which the construction contractor is
required to submit. The review will be for conformance with the design concept and compliance
with the information provided in the construction contract documents. Consultant will submit
reviewed shop drawing submittals to County for its records.
A.SB.3 Issue Interpretations Issue necessary interpretations and clarifications of the
construction contract documents, in writing, prepare change orders as required. Consultant will
interpret the requirements of the construction contract documents, evaluate the acceptabilit. y of
the work performed thereunder, and make recommendations on claims by the Contractor. A total
of 40 hours has been assumed for claims recommendations.
M&EPSA-30 AUG O 3 1999
,,G. ,.38
A.5B.4 Engineering Report and O&M Manual Consultant will prepare an
engineering report as required by FDEP and an operations and maintenance manual. Both of
these documents will be submitted with an operational testing approval request prepared by
Consultant to commence operation of the injection well system.
PROJECT ELEMENT C - SOUTHERN WELLFIELD DEVELOPMENT
A.1C DESCRIPTION OF PROJECT
The 1996 Water Master Plan identified an area along CR 951 near the South County Regional
Water Treatment Plant (SCRWTP) for the proposed wellfield intended to provide raw water for
the 8 MGD SCRWTP Reverse Osmosis (RO) Expansion. The Water Master Plan indicates that
the Hawthorn Zone 1 Aquifer is a potential water source for the reverse osmosis facility.
The hydrogeological design team will investigate the potential raw water source for maximum
capacity, up to 24 MGD, and provide design criteria for construction of the new wells. A
wellfield will be designed based on the design parameters developed from the hydrogeological
investigation.
The Southern Wellfield System portion of the project consists of the following tasks:
A.1C.1 Perform analysis of pumping capacity, estimated drawdown and raw water wellfield
capacity, up to 24 MGD.
A.1 C.2 Provide configuration of raw water wellfield and transmission main for 12- MGD
capacity. Configuration of raw water well field and transmission main will be
investigated up to 24-MGD capacity. Each water supply well will contain a
submersible multistage turbine pump. The pumps will operate remotely from the
South County Regional WTP. Each well head will be contained in a vault or house,
similar to those at the North County Regional WTP. Each well head will connect to
the raw water transmission main, designed to convey 12 MGD from the wellfield to
the SCRWTP. Transmission mains will be HDPE and will include pigging stations.
A.1C.3 Provide and develop data necessary to permit the 12 MGD wellfield.
A.1C.4 Perform analysis of expansion capability ofwellfield, up to 24 MGD wellfield
capacity, and develop parameters for expansion.
A.1 C.5 Provide water quality parameters of the source raw water for use in designing reverse
osmosis treatment skids and specifying RO membranes, consisting of primary and
secondary drinking water parameters.
A. 1C.6 Provide well design, specifications of materials, pumping requirements, casing
depths, diameters, multiple concentric casings or other parameters necessary for the
satisfactory performance of the 12 MGD raw water wellfield. Design will include
required provisions for wellfield expansion, up to 24 MGD, if the County determines
provisions to be cost effective.
A.1 C.7 Provide Construction administration services for the raw water wells.
M&EPSA-32
A.2C PRELIMINARY DESIGN
A.2C.1 Test/ExploratoD· Program - Consultant will design and coordinate a
test/exploratory program designed to con finn local hydrogeological characteristics as reported in
previous County studies. The test program will consist of coordination and construction and
testing of up to eight (8) test/exploratory wells. Performance specifications will be prepared for
well construction and hydrogeologic testing. Tests will target Hawthorn Zone 1 and Lower
Hawthorn production zones. Aquifer performance testing (constant rate pumping tests, step
dra~vdown tests, and packer testing) will be provided in the testing program. Desktop
groundwater modeling will also be performed to assist in the layout of the wellfield.
The area of study for the aquifer performance tests will extend up to three (3) miles north of the
water treatment plant. The test wells will be permitted through the appropriate well permitting
agencies for construction at three sites in the area of investigation. The test well cjusters will
consist of a 12-inch diameter test pumping well and 4-inch diameter monitoring ~vell in the
HawThorn Zone 1 aquifer. In addition, at two of the sites, a 12-inch diameter well and 4-inch
diameter well will be constructed to the Lower Hawthorn aquifer.
On-site monitoring of test well construction will be provided. A professional geologist will
compile data on lithology, stratigraphy, aquifer and confining bed delineations and water quality.
A.2C.2 Analysis of Data - Consultant will perform analysis of data and prepare
summaries of testing results. A licensed analytical laboratory will be subcontracted to perform
water quality analyses.
A.2C.3 Aquifer Performance Tests - Two aquifer performance tests will be conducted
at the test site north of the water treatment plant. One will evaluate the Hawthorn Zone 1 aquifer,
the other the Lower Hawthorn aquifer. Additional aquifer performance tests will be conducted at
the remaining test well sites. Step-drawdown tests will be performed to determine well
efficiency and aquifer transmissivity.
A.2C.4 Modeling - Upon completion of testing, hydraulic and solute models will be
developed for design evaluation for up to 24 MGD well field capacity. Hydrogeologic models
will be calibrated through multiple iterations to simulate the known aquifer system trends and
fluctuations.
A.2C.5 Hydrogeological Report A preliminary design report will be prepared
documenting hydrogeologic data acquisition, analysis methods and results, model construction
and calibration and wellfield design recommendations. Based on hydraulic and solute modeling,
final well field configuration will be proposed. Six copies of the draft preliminary design report
will be submitted to the County for review. Ten copies of the final report will be prepared,
incorporating comments from the County.
AUG 13 3 1999
M&EPSA-33
3/4,
A.2C.6 Proper~ Acquisition Analysis - Consultant will investigate easement locations
and property acquisition associated with wellfield construction up to 24 MGD capacity. A
technical memorandum will be prepared with a summary of initial phase and long-term property
acquisition requirements.
A.3C FINAL DESIGN
A.3C.1 Wellfield and Transmission System Design If the results of the
test/exploratory program support the current assumptions, the Consultant will design a nominal
12-MGD southern wellfield for the South Collier WTP based on a maximum of twelve (12)
production wells and raw water transmission piping to connect the new production wells to the
existing system. The design will assume that the SFWMD will permit development of the
wellfield. The wellfield will be designed entirely for a single aquifer, either Hawthorn Zone 1 or
Lower Hawthorn production zone.
The Consultant will design up to 16,000 feet of transmission mains for the proposed 12-mgd
well field. The transmission main pipe will be HDPE, and will be provided with isolation valves
and pigging facilities. The transmission main will have fittings and provisions for future
expansion to accommodate the ultimate well field capacity, as determined in the test/exploratory
well program. Operating protocol for raw water main pigging operations, pigging effluent
disposal, and well maintenance will be provided with the design.
Well vaults and xvell houses will be designed in similar configuration and architectural style to
those of the North Regional WTP Hawthorn wellfield. Well houses will be sited to serve up to 4
wells each, and will be provided with emergency generators for full backup power.
Contract documents and specifications will be prepared for submittal at the 30 percent, 60-
percent and 90-percent completion levels. A meeting will be held within two weeks of each
submittal to discuss comments and recommendations. The Consultant will provide written
responses to each of the County's verbal and written comments provided at the review meetings.
Meeting minutes will be prepared and submitted upon completion of the meeting to document
the final decisions made during the final design meeting. Bidding documents will be prepared for
incorporation into the project manual prepared in Task A.3A above.
A.4C CONSTRUCTION BID SERVICES
A.4C.1 Bidding Services - Consultant will assist the County in bidding and award of the
wellfield construction. Consultant will prepare addendum items to be incorporated in addenda
prepared in Task A.4A above. Consultant will also review bids and well drilling contractor
qualifications, and assist in award recommendation.
M&EPSA-34 AUG O 3 1999
PG. d7
A.5C CONSTRUCTION ADMINISTRATION SERVICES
Construction administration services to be provided for the construction of the southem wellfield
consist of the following:
A.5C.1 Pre-Construction Conference - Consultant will attend a pre-construction
conference with representatives from County and Contractor, as described in Task A.5A above.
A.5C.2 Shop Drawings - Consultant will review and process shop drawings, samples,
schedules, certifications and other data which the construction contractor is required to submit.
The review will be for conformance with the design concept and compliance with the
information provided in the construction contract documents. Consultant will submit reviewed
shop drawing submittals to County for its records.
A.5C.3 Issue Interpretations - Consultant will issue necessary interpretations and
clarifications of the construction contract documents, in writing, and prepare change orders as
required. Consultant will interpret the requirements of the construction contract documents,
evaluate the work performed thereunder, and make recommendations on any claims by the
Contractor. A total of 40 hours has been assumed for claims recommendations.
A.5C.4 Letter Report - Consultant will prepare a letter report documenting
construction activities, well construction details, water quality, and well performance.
A.5C.5 Certificate of Completion Consultant will prepare a certificate of completion
for the well field and transmission facilities.
A.6C START-UP SERVICES FOR PRODUCTION WELLS
A.6C.1 Start-up SerVices - Consultant will assist the County with the start-up of the
new production wells. These services will consist of development of protocols for operation,
monitoring, data collection, and system maintenance, and well rehabilitation. Start-up services
will be limited to 120 hours under this task.
A.7 DETAILED OBSERVATION OF CONSTRUCTION
A.7.1 Provide full-time, on-site observation of construction'activities by one or more
representatives as authorized and approved by the County. Consultant shall designate one
representative as the senior on-site representative if the County authorizes more than one on-site
representative.
M&EPSA-35 AU6 O 3 1999
A.7.2 The Consultant's on-site representative shall prepare and submit weekly progress
reports to the County during construction. The weekly progress reports shall include project
status, contractor manpower, materials and equipment received, work performed, problems
encountered and rectification, and weather conditions.
A.7.3 The Consultant's on-site representative shall act to protect the County's interests
during detailed observation of construction by performing the following tasks:
a) Take progress photographs of important aspects of project construction for future reference.
Aspects to be photographed include major equipment installation, utilities and structures that'
will be buried or otherwise hidden from view upon completion of construction, any
equipment or materials which appear to be damaged when received on-site, any installed
components where the quality of materials or workmanship is questioned, and any installed
components that demonstrate attainment of significant project milestones. Process and
submit 3 "x 5" color progress photographs in an organized photo album with index together
with negatives to the County on a weekly basis. Provide notes with pictures identifying date,
time, location, direction, and photographer.
b) Maintain an annotated current set of Contract drawings on-site from which record drawings
can be generated.
c) Prepare an inspection report for all material and equipment received on-site indicating type
and quantity, verifying accuracy of packing list and noting any visible damage.
d) Maintain a daily log of construction activities observed including number of personnel and
equipment on-site for each contractor, materials and equipment received, materials and
equipment installed, weather conditions, testing performed, and other significant events.
Maintain field records to document actual and potential disputes, claims, claims and change
orders with respect to construction of the project to be turned over to owner at project
completion.
e) Observe on-site inspection and tests required by the Contract Documents and give written
report of findings to the County.
A.7.4 Deep Well Construction Observation - Consultant will provide full time (24-
hour) construction observation, as drilling operations are a continuous process. Services will be
provided to review construction and testing activities as mandated by FDEP in the construction
permit. These services consist of daily inspection, collection and analysis of drill cuttings, cores,
and water samples, geophysical logging, testing of any nature, and certification of construction.
It is anticipated that the construction period will be 120 days for substantial completion and 150
days for total completion.
A.7.5 Production Well Construction Observation o Consultant will provide
construction observation services during the construction of the production wells and
transmission facilities. These services consist of daily observation of construction activitie. s,
collection and analysis of drill cuttings, cores, and water samples, geophysical logging, testing of
any nature, and certification of construction.
A.8 DESIGN SURVEY
A.8.1 Plant Survey - Consultant will conduct field surveys for the plant design.
Field surveys will consist of topographic surveys and existing property line identification. Field
survey notes will be reduced to a CADD file for design purposes.
A.8.2 Wellfield Survey - Consultant will conduct field surveys for the well vault
sites and the transmission mains. Field surveys will consist of topographic surveys and existing
property line identification. Field survey notes will be reduced to a CADD file for design
purposes.
A.9 PERI~IITTING SERVICES
A.9A Plant Permitting and Agency Coordination - This task will establish the
permitting requirements for the plant, and where appropriate, initiate the permit application
process. Pre-application meetings will be held with the appropriate agencies to confirm
regulatory requirements. This information will be incorporated and used in the preparation of the
permit applications.
Construction permit applications will be prepared and submitted to the following agencies on
behalf of the County:
Collier County Building Deparunent
. Florida Department of Environmental Protection
SFVc~ID
A permitting summary memorandum will be prepared which lists the permit or approval
required, the applicable permitting/approval agency/authority, and contact person. The
permit/approval requirements and estimated time necessary to obtain the permit/approval by each
agency will be determined.
Consultant will develop a stormwater management plan, as required by the Florida Department
of Environmental Protection (FDEP) on a conceptual basis based on the proposed system layout.
This permit application (i.e., Environmental Resource Permit) will evaluate modifications to the
existing site for retention, water quality, and changes to pervious areas. This plan will address
the general design criteria regarding stormwater management needed to support the stormwater
permit application. Consultant will attend a pre-application meeting with the FDEP for the
purpose of reviewing the specific details required for submittal of the permit application. It is
assumed that a maximum of 80 hours will be required for this task.
It is assumed that the County will obtain local permits, and that the County will pay all permit
application fees. Up to two responses for additional requests for information will be provided
M&EPSA-37 ~lJ6 O 3 1999
during the permitting process. In addition, it is assumed that a total of six meetings will be
required to resolve permitting issues.
A.9B Underground Injection Control Permitting - Consultant will hold a pre-
application meeting with FDEP to discuss primary and secondary disposal options and the
requirements for each. A permit application to construct an injection well system will be
prepared in accordance with F.A.C. Chapter 62-528 as defined by the FDEP Underground
Injection Control (UIC) section. The permit application will consist of technical specifications
and engineering drawings for an industrial well system. The County will pay permit application
fees. Up to three responses for requests for additional information are provided in this scope of
services. In addition, two meetings with FDEP staff are anticipated. Consultant will prepare
meeting minutes for each meeting to document requests and summarize decisions made during
the meetings.
A.9C.1 Test Well Permitting - Assist in preparing permit applications for appropriate
test wells to the Hawthorn Aquifers in accordance with test parameters utilized in the 1991 Deep
Aquifer Hydrogeological Study for Collier County and the 1995 Collier County Brackish Water
Wellfield Study.
A.9C.2 Consumptive Use Permitting Consultant will prepare a modification to the
existing Water Use Permit (WUP) from the SFWMD to develop a 12-MGD southern wellfield.
It is assumed that each production well will be designed to produce 1,000 gpm. Consultant will
perform desktop groundwater modeling to simulate the implementation of the southern well field.
The County will pay permit application fees. Up to three responses for requests for additional
information are assumed in this scope &services. In addition, four meetings with regulatory
staff from the SFWMD are anticipated. Consultant will prepare meeting minutes for each
meeting to document requests and summarize decisions made during the meetings.
A.10 ADDITIONAL SERVICES
The Consultant will provide additional services, as authorized by the County, which may arise
during the course of or following the design, construction and startup of the SCRWTP
improvements.
A.10.1 The Consultant will obtain the services of a geotechnical sub-consultant to make
subsurface investigations as required to design the transmission main and on-site improvements
at the SCRWTP.
A. 10.2 The Consultant will obtain the services of a well drilling contractor for installation
of aquifer performance testing/exploratory wells. Well drilling contractors will be prequali~ed
for the installation of the test wells for this study.
AUG 0 3 1999
M&EPSA-38
A.10.3 Perform laboratory services during aquifer performance testing for analysis of
water chemistry.
A. 10.4 The Consultant will obtain the services of a peer consultant to review and perform
value engineering of the project.
A.10.5 The Consultant will prepare an electronic operations and maintenance (O&M)
manual for the new facility. It will provide links to each section of the manual, graphics, and
photographs of the completed facilities. The electronic O&M manual will be provided in CD-
ROM format. Six copies of the CD-ROM will be provided. Operations training will include
training on the electronic O&M manual.
A.10.6 The Consultant will prepare and submit easement plats for required land
acquisitions associated with the new wellfield, for up to 20 parcels.
A. 10.7 The Consultant will obtain an operational permit for the deep injection wells after
one year of plant operation. After the injection well system has been in operation for twelve
months, the Consultant will apply for an operational permit for the injection wells. The submittal
will be prepared in accordance with FAC Chapter 62-528.
A.10.8 The Consultant will perform other additional services, which are not part of the
above scope and which cannot be defined at a time of original a~eement, as authorized in
v~q-iting by the County, during preliminary desi~ma, detailed design, bidding, construction, startup,
or after completion of construction.
M&EPS ,-39 AUG 0 3 1999
PG..
SCHEDULE A - GENERAL ASSUMPTIONS
Work described in the scope of services for the three project elements is based upon the
assumptions listed below:
1. County will provide Consultant available record drawings of all facilities, which will serve as
the preliminary basis for design in this project. Record drawing mark-ups will be prepared by
the Contractor and submitted to the Consultant for review.
2. Construction project will be bid as a single contract, similar to the North Water Treatment
Plant Expansion project.
3. The County will perform acquisition of necessary easements (including temporary
construction easements).
4. County will provide Bid/Contract Documents (including front-end documents) for
incorporating with Consultant-supplied contract general conditions.
5. Consultant will pay for the injection well permit application fees. The County will pay all
other permit fees.
0-- 6. County will provide comments on all draft deliverables within two weeks, unless another
deadline is agreed upon.
7. The site for plant expansion is assumed to be flee of environmental contamination.
END OF SCHEDULE A
M&EPSA-40 AUG 0 3 1999
SCHEDULE B
BASIS OF COMPENSATION
B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.2, A.3, A.4,
A.5, and A.6 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the
lump sum fees as shown on Attachment A entitled "Schedule of Fees for Basic Services".
B. 1.2. Payment For Basic Services under Parts A.2, A.3, A.4, A.5, and A.6 of Schedule A shall
be paid on a lump sum basis in accordance with set milestones as follows:
(a) the A.2 milestone shall be the submittal to OWNER of the Design Report
and CONSULTANT'S initial professional opinions of probable total Project
and construction costs.
(b) the A.3 milestone shall be the submittal to the OWNER of the final Contract
Documents after OWNER'S approval of detailed opinions of probable total
Project and construction costs.
(c) the A.4 milestone shall be the award of bids by OWNER.
(d) the A.5 and A.6 milestones shall be the close-out of construction contract,
final inspection and submittal of record drawings and final report of
variations from the construction Contract Documents.
B. 1.3. Payment for Basic Services under Parts A.2, A.3, A.4., A.5, and A.6 of Schedule A shall
be paid on a lump sum fee basis in equal monthly installments as follows:
(a) payment for Basic Services under Part A.2 shall be paid monthly based
upon the preliminary design time plus one month, the last payment to be
twice the others (i.e., a 6-month design time will yield 6 monthly payments;
the first 5 of which will be equal to one-seven{h (1/7) the fee shown on
Attachment A for Part A.2. Preliminary Design). However, payments shall
commence no sooner than thirty (30) days after submittal of the Design
Report and shall occur no more often than monthly, except last payment
M&EPSA-.41 AUG 0 3 1999 '
pGo__/-..~/"-/"'
due for the services provided under Part A.2 (i.e. twice the previous
----- monthly payments) shall not be made until submittal to OWNER of the
preliminary Contract Documents under Part A.2.
(b) payment for Basic Services under Part A.3 shall be paid monthly based
upon the final design time plus one month, the last payment to be twice
the others (i.e., a 6-month design time will yield 6 monthly payments; the
first 5 of which will be equal to one-seventh (1/7) the fee shown on
Attachment A for Part A.3. Final Design). However, payments shall
commence no sooner than thirty (30) days after approval and acceptance
by OWNER of the Preliminary Contract Documents and shall occur no
more often than monthly, except last payment due for the services provided
under Part A.3. (i.e., twice the previous monthly payments) shall not be
made until approval and acceptance by OWNER of the preliminary Contract
Documents under Part A.3.
(c) payment for Basic Services under Part A.5 shall be paid on a monthly basis
based upon the construction time plus three months, the last payment to be
twice the others (i.e. a 7-month construction schedule will yield 10 monthly
payments; the first 9 of which will be equal to one-eleventh (1/11 ) the fee
shown on Attachment A for Part A.5 Construction Administration Services).
However, payment shall commence no sooner than thirty (30) days after the
Notice to Proceed to the contractor and shall occur no more often than
monthly, except the last payment due for the services provided under Part
A.5 (i.e. twice the previous monthly payments) shall not be made until the
close-out of construction contract, final inspection and submittal of record
drawings and final report of variations from the construction Contract
Documents under Part A.5. Services in excess of the fee shown.on
_.._. Attachment A for Part. A.5.Construction Administration Services not due to
delay caused by CONSULTANT shall be considered Additional Services.
M&EPSA-42 I ~0.~
AUG 0 3 1999
due for the services provided under Part A.2 (i.e. twice the previous
----- monthly payments) shall not be made until submittal to OWNER of the
preliminary Contract Documents under Part A.2.
(b) payment for Basic Services under Part A.3 shall be paid monthly based
upon the final design time plus one month, the last payment to be twice
the others (i.e., a 6-month design time will yield 6 monthly payments; the
first 5 of which will be equal to one-seventh (1/7) the fee shown on
Attachment A for Part A.3. Final Design). However, payments shall
commence no sooner than thirty (30) days after approval and acceptance
by OWNER of the Preliminary Contract Documents and shall occur no
more often than monthly, except last payment due for the services provided
under Part A.3. (i.e., twice the previous monthly payments) shall not be
made until approval and acceptance by OWNER of the preliminary Contract
Documents under Part A.3.
(c) payment for Basic Services under Part A.5 shall be paid on a monthly basis
based upon the construction time plus three months, the last payment to be
twice the others (i.e. a 7-month construction schedule will yield 10 monthly
payments; the first 9 of which will be equal to one-eleventh (1/11 ) the fee
shown on Attachment A for Part A.5 Construction Administration Services).
However, payment shall commence no sooner than thirty (30) days after the
Notice to Proceed to the contractor and shall occur no more often than
monthly, except the last payment due for the services provided under Part
A.5 (i.e. twice the previous monthly payments) shall not be made until the
close-out of construction contract, final inspection and submittal of record
drawings and final report of variations from the construction Contract
Documents under Part A.5. Services in excess of the fee shown.on
_.._. Attachment A for Part. A.5.Construction Administration Services not due to
delay caused by CONSULTANT shall be considered Additional Services.
M&EPSA-42 I ~0.~
AUG 0 3 1999
B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include
expenditures, except as otherwise described in paragraph B.2.2, such as:
(a) expenses for transportation and subsistence;
(b) overhead, including field office facilities;
(c) overtime not authorized by OWNER; or
(d) expenses for copies, reproductions, postage, handling, express delivery,
and long distance communications.
B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in
the scope of the project being approved by the Board of County Commissioners for Collier
County Florida and ex-officio as the governing board of the Collier County Water-Sewer District.
B.3.2. Detailed Construction Observation work performed under Part A.7 and Additional
Services, under Parts A.8, A.9, and A.10 shall be paid as substantiated to the limits shown in
Attachment C, but not to exceed the sum of those figures without execution of an appropriate
Agreement amendment.
B.3.3. Payments will be made for services rendered, no more than on a monthly basis, within
thirty (30) days of submittal of an approvable invoice. The number of the purchase order by
which authority the services have been made, shall appear on all invoices. All invoices shall be
reasonably substantiated, identify the services rendered and must be submitted in triplicate in a
form and manner required by OWNER.
B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services,
Attachment B - Consultant's Employee Hourly Rate Schedule, and Attachment C - Consultant's
Estimate of Additional Services, each attached to this Schedule B are incorporated herein and,
.-- will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this
Agreement.
.0.
M&E~,SA-44 AUG 0 3 1999
B.3.5. As compensation for coordinating subconsultant activities for OWNER, CONSULTANT
shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost
services rendered under Part A.7 and Additional Services, under Part A.8. A.9, and A.10. For
the purposes of this provision the actual cost of services rendered shall not include any mark-up
between the vendor who actually performed the services and any sub-consultant. No
administrative fee or mark-up shall be paid in conjunction with the provision of Basic Services as
set forth in Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A.
B.3.6. The time and reimbursable cost sum figures in Schedule B - Attachment C shall not be
exceeded without a change in the scope of the PROJECT being approved by the County
Administrator or his designee.
END OF SCHEDULE B
M&EPSA-45 AUG 0 3 1999
SOUTH COUNTY REGIONAL
~VATER TREATMENT PLANT EXPANSION
SCHEDULE B -ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
GRADE HOURLY RATE
ENG VI (PRINCIPAL) $170
ENGR V 145
ENGR IV 104
ENGR III 90
ENG II 82
ENGR I 70
SR. HYDROLOGIST 104
PROJECT HYDROLOGIST 82
HYDROLOGIST 70
ENGINEER TECH III 65
ENGINEER TECH II 60
ENGINEER TECH I 55
TECItNICIAN IV 60
TECHNICIAN III 45
TECHNICIAN lI 40
TECIINICIAN I 35
SURVEYOR IV 70
SURVEYOR III 60
SURVEY TECH II 55
SURVEY TECH I 45
INSPECTOR III 70
INSPECTOR II 60
INSPECTOR I 50
DRAFTER IV 70
DRAFTER Ill 60
CONTRACT ASSISTANT 50
CONTRACT ADMINISTRATOR (P.E.) 125
CONTRACT ADMINISTRATOR 76
CLERICAL III 55
CLERICAL II 45
CADD DR_AFTER IV 70
CADD DP, AFTER III 60
CADD DRAFTER II 55
4 MAN SURVEY CREW 120
3 MAN SURVEY CREW 100
2 MAN SURVEY CREW 80
EXPERT TESTIMONY (TRIALS, HEARINGS) 275
M&EPSA-47 AU6 0 3 1999
PG.
SOUTH COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS EXPANSION
SCHEDULE B - ATTACHMENT C
SCHEDULE OF FEES FOR ADDITIONAL SERVICES
PROJECT ELEMENT A PROJECT ELEMENT B PROJECT ELEMENT C
REVERSE OSMOSIS CONCENTRATE SOUTHERN
TASK TREATMENT FACILITY DISPOSAL WELLFIELD
A.7 OBSERVATION OF CONSTRUCTION $329,200 $295,700 $72,900
A.8 PERMITTING -- $62,200 $27,600
A.9 SURVEY $20,000 -- $25,000
A.10.1 GEOTECHNICAL SERVICES $15,000 ....
A.10.2 TEST/EXPLORATORY WELL DRILLING .... $340,000
A, 10.3 LABORATORY SERVICES .... $25,000
A.10.4 VALUE ENGINEERING REVIEW $30,000 ....
A.10.5 ELECTRONIC O&M MANUAL $32,000 ....
A.10.6 EASEMENT PLATS .... $20,000
A.10.7 OPERATIONAL PERMIT -- $50,000 --
A.10.8 OTHER SERVICES $50,000 ....
SUBTOTAL OF FEES FOR ADDITIONAL SERVICES $476,2001. $407,900~ $510,500
SOUTH COUNTY REGIONAL WATER TREATMENT PLANT EXPANSION
SCHEDULE C - PROJECT SCHEDULE MILESTONES
TASK DURATION CUMULATWE
A.2 Preliminary Design 6 months 6 months
A.3 Final Design 9 months 15 months
A.4 Construction Bid Services 3 months 18 months
A.5 Construction Services 18 months* 36 months
A.6 Startup Services 3 months** 36 months
* Based on construction of 8-mgd of RO membranes in a 16-mgd capacity RO plant and 12 mgd
of wells. Will be increased by 8 months if construction scope is increased to 16-mgd RO
membranes in a 16-mgd capacity RO plant and up to 24 mgd of wells.
** Occurs within Construction Services timeline and is not cumulative.
The project schedule bar chart on the following page graphically displays the timeline for each of
the three main project elements in each of the basic services tasks described above. The timeline
is based on the agreement being approved by the County in August 1999 which would then be
the project start date. The three main project elements are: A - Reverse Osmosis Facility;
B - Concentrate Disposal System; and C - Southern Wellfield Development.
M&EPSA-49 AUG O 3 1999
.
SOUTH COUNTY REGIONAL WATER TREATMENT PLANT EXPANSION
SCHEDULE C - PROJECT SCHEDULE BAR CHART
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 52 53
1999 2000 2001 2002 2003
TASK ASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASONDJFMAMJJASOND
ZPRELIMINARYDESIGN
~'2BCONCENTRATEDISPOSAL'::~
A.2C SOUTHERN WELLFIELD
3FINALDESIGN
~ REVERSE OSMOSIS FACILI~
'A.3CSOUTHERNWELLFIELD
ICONSTRUCTIONBIDDING
A.4AREVERSEOSMOSISFACILI~
TASK i CONSTRUCTION PERIOD
...........
~,5BCONCENT~TEDISPOSAL
A5CSOUTHERNWELLFIELDI~ii~
~ ~ M&EPSA-50
SCHEDULE D
INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents.
(2) The insurance required by this Agreement shall be written for not less than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the work until the date of completion and acceptance of the Project by the Owner or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the
Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/
Professional. Such certificates shall contain a provision that coverages afforded under the
policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice
has been given to the Owner.
(5) With respect to the Consultant's indemnification obligations here under, all insurance
coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self
insurance program carried by the Owner applicable to this Project.
(6) The acceptance by Owner of any Certificate of Insurance does not constitute
approval or agreement by the Owner that the insurance requirement-s have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
VSA-5 AUG O 3 1999
ps.
(7) Contractor/Consultant/Professional shall require each of its subcontractors to procure
------and maintain, until the completion of the subcontractor's work, insurance of the types and to the
limits specified in this Section unless such insurance requirements for the subcontractor are
expressly waived in writing by the Owner.
(8) Should at any time the Contractor/Consultant/Professional not maintain the insurance
coverages required herein, the Owner may terminate the Agreement or at its sole discretion
shall be authorized to purchase such coverages and charge the Contractor for such coverages
purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverages purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverages shall in no way be construed to be
a waiver of any of its rights under the Contract Documents.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the Work or termination of the Agreement, the Contractor / Consultant /
Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of
the Contractor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate the Agreement.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? (check one) X Yes No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the ContractOr/Consultant/Professional during the term of this Agreement for all employees
engaged in the work under this Agreement in accordance with the laws of the State of Florida.
M&EPSA-52 AUG 0 3 1999
The amounts of such insurance shall not be less than:
a. Worker's Compensation - Florida Statutory Requirements
b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
X $1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive its Rights of Subrogation against the Owner and
the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work. (check one)
Applicable X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work. (check one)
Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? (check one) X Yes __ No
M&EPSA-53 AUG 0 3 1999
(1) Commercial General Liability Insurance shall be maintained by the
Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall be
maintained for a period of not less than five (5) years following the completion and acceptance
by the Owner of the work under this Agreement. Limits of Liability shall not be less than the
following: (check one)
General Aggregate $300,000
Products/Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
-" Products/Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
X General Aggregate $1,000,000
Products/Completed Operations Aggregate $1,000,000
Person. al and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately-to this Project .and the policy
shall be endorsed using the following endorsement wording. "This endorsement modifies
insurance provided under the following: Commercial General Liability Coverage Part. The
General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your
projects away from premises owned by or rented to you."
lVI&EPSA-54 AUG O 3 1999
(3) If the General Liability insurance required herein is issued or renewed on a "claims
made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be nc
later than the commencement date of the Project and shall provide that in the event of
cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall
be no less than three (3) years.
(4) The Owner shall be named as an Additional Insured and the policy shall be endorsed
that such coverage shall, with respect to the Consultant's indemnification obligations here
under, be primary to any similar coverage carried by the Owner.
(5) Coverage shall be included for explosion, collapse or underground property damage
claims.
(6) Watercraft Liability coverage shall be carried at the limits shown above if applicable
to the completion of the work under this Agreement. (check one)
Applicable X Not Applicable
(7) Aircraft Liability coverage shall be carried at limits of $2,000;000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
Applicable X Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) Property Insurance - Builders Risk coverage shall be carried by the Owner if
applicable. (check one)
Applicable X Not Applicable ~o.~
M EPSA-55 AUG B 3 1999
(2) The Owner shall purchase and maintain in a company or companies lawfully
------authorized to do business in the State of Florida and in Collier County, property insurance in the
amount of the initial Contract Sum as well as subsequent modifications thereto for the entire
Work at the site on a replacement cost basis without voluntary deductibles. Such property
insurance shall be maintained, unless otherwise provided in the Contract Documents or
otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance,
until final payment has been made or until no person or entity other than the Owner has an
insurable interest in the property required to be covered, whichever is eadier. This insurance
shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and
Material Suppliers in the Work.
(3) Property insurance shall be on an all-risk policy form and shall insure against the
perils of fire and extended coverage and physical loss or damage including, without duplication
of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary
buildings and debris removal including demolition occasioned by enforcement of any applicable
legal requirements, and, at the Owner's option, shall cover reasonable compensation for
Professional's services and expenses required as a result of such insured loss. At the Owner's
option, flood insurance will also be purchased.
(4) The property insurance provided by the Owner requires minimum deductibles and the
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor
for any deductible associated with the all-risk policy described above shall be limited to a
maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of
the Contract Documents. The responsibility of the Contractor for any deductible associated with
the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum
of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the
Contract Documents.
(5) This property insurance shall cover portions of the Work stored off the site after
written approval of the Owner at the value established in the approval, and also portions of thr
Work in transit.
(6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and
maintaining boiler and machinery insurance required by the Contract Documents or by law,
which shall specifically cover such insured objects during installation and until final acceptance
by the Owner. If purchased this insurance shall include interests of the Owner, Contractor,
Subcontractors and Sub-subcontrators in the Work.
(7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each
other and any of their subcontractors, sub-subcontractors, agents and employees, each of the
other, and (2) the Professional, Professional's consultants, for damages caused by fire or other
perils to the extent covered by property insurance obtained pursuant to this or other property
insurance applicable to the Work, except such rights as they have to proceeds of such
insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by
endorsement or otherwise.
(8) A loss insured under Owner's property insurance shall be adjusted by the Owner as
fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may
appear.
(9) If Builders Risk coverage is applicable the Contractor shall be responsible for the
following maximum deductibles per occurrence per paragraph (3) above. (check one)
~ All Risk Policy - $1,000 maximum deductible
__ All Risk Policy - Maximum deductible of $
Flood Policy - $1,000 maximum deductible
Flood Policy - Maximum deductible of $
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? (check one) X Yes __ No
(1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant /
Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle
with limits of not less than: (check one)
__ Bodily Injury & Property Damage - $ 500,000
X Bodily Injury & Property Damage - $1,000,000
(2) The Owner shall be named as an Additional Insured under the policy.
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers'
Liability, Commercial General Liability and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
(3) The General Aggregate limit, if applicable, shall apply separately to this .project and
the policy shall be so endorsed.
N0o~
M&F-PSA-SS AUG 0 3 1999
PG./C.,eI ..-
PROFESSIONAL LIABILITY INSURANCE
Required by this Agreement? (check one) X~ Yes __ No
(1) Professional Liability Insurance shall be maintained by the Consultant/Professional to
insure its legal liability for claims arising out of the performance of professional services under
this Agreement. Such insurance shall have limits of not less than: (CHECK ONE)
500,000 each claim and in the aggregate
~ $1,000,000 each claim and in the aggregate
$2,000,000 each claim and in the aggregate
X $5,000,000 each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
Consultant/Professional and shall not be greater than $250,000 each claim.
(3) The Consultant/Professional shall continue this coverage for this Project for a period
of not less than five (5) years following completion and acceptance of the Project by the Owner.
END OF SCHEDULE D.
M&EPSA-59 AUG O 3 1999
SCHEDULE E
,---- TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Metcalf & Eddy, Inc. hereby certifies that wages, rates and other factual unit
costs supporting the compensation for the professional engineering services of the
CONSULTANT, to be provided under the Professional Services Agreement, concerning
"South County Regional Water Treatment Plant Reverse Osmosis Expansion" are
accurate, complete and current as of the time of contracting.
METCALF & EDDY, INC.
_-- ,
Michael A. Szom~/s~~'/;'
Executive Vice Pr~'ident and
Chief Operating Officer
DATE: 7/J~/) ?
Revised: June 3, 1997 AC
Revised March 1998
M&EPSA-60 I' .0.~
AUG 0 3 1999
CERTIFICATE NUMBE!
J&H MARSH & McLENNAN, INC. CERTIFICATE OF INSURANCE i:
PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
J&H Mjrs'-, s '," .:,-'-~,';% NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN
" THE POLICY. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE
I166 Avenue c;: :n~ ~er;saj
New York. ,A/y ]6936-27,74 I COVERAGE AFFORDED BY THE POLICIES LISTED HEREIN.
. COMPANIES AFFORDING COVERAGE
~ COMPANY
{212} 345-E~Z: i A EMPLOYERS INSURANCE OF WAUSAU
INSURED i COMPANY
METCALF & [D,SY. I,'i"C. i B ZURICH A~ERICAN OF ILL.
A P,4,,?T O'F AC(,'z ~lLZA*"CE t,VZ, !COMPANY
30 HARVARD MILL SOU~RE "C
~KEFIELD. MA O:~,Ej
' COMPANY
D
COVERAGES i! !i ~ iiiiiss!~iiii!iiiii~!iii~:ii!~iiiii:i!!i~ss~ Ei
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED HERE~N HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES LISTED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSION5
OF SUCH POLICIES LIMITS SHOV'v'N MAY HAVE BEEN REDUCED BY PAID CLAIMS.
r ,
CO POLICY EFFECTIVE ~ POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YYI r DATE {MM/DD/YYI i LIMITS
A GENERAL LIABILITY S52953300559 lj,/31 ,/598 ]0/31/~9 GENERAL AGGREGATE $ i _?,.,q'~'.
X ! COMMERC:AL GENERAL LIABILITY I PRODUCTS - COMP/OP AGO $
: J CLAIMS MACE X OCCUR , PERSONAL & ADV INJURY $
[ ! O'",YNER'S & CONTRADTOR'S PROT I EACH OCCURRENCE $
i i ! FIRE DAMAGE (Any one hrelS
MED EXP {Anyoneperson) $
A AUTOMOBILE LIABILITY ~29J255.5559 13/3t/98 t0/31/99
COMBINED SINGLE LIMIT
A X ANY AUTO 4~29C353a7559 (iA) 13131/598 10131/5959 i ~""~ '
A ~ALL OWNED AUTOS 48290~¢0005559 (TX) i9/31/98 10/31/599
, BODILY INJURY S
A ' SCHEDULED AUTOS 4~2590~006,,"~59 ,FH',Z ) ]C/'3]/98 ,ZO,/3]/59~ (Per person)
HI~ED AU'OS
BODILY INJURY
NON-O~,VNED AUTOS IPeF acadent)
PROPERTY DAMAGE s
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN AUTO ONLY:
! EACH ACCIDENT s
AGGREGATE $
EXCESS LIABIMTY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA PORM $
WC STATU- ,DTH-
A WORKER'S COMPENSATION AND 432900C'~556~ ,'5/31/~8 i:9,,"3!,,"959 )( TORY LAMITS ER
A EMPLOYERS' LIABILITY 461922:22,055,q (WE) ;3,"ZZ/598 19/31/99 EL EACH ACCIDENT s
THE PROPRIETOR' INCL s EL DISEASE - POLICY LIMIT$ ] 0~r] ,~r~
PARTNERS,EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE - EA EMPLOYEE $
OTHER
B MISC CASL,~,'. TY ECC3(196~OjrO Z 2/31/598 10/31/599 $5. 000. DO0 CLAiMS-MADE BASIS
PROFESS :' C..%.'AL
CLAtMS -,~SE BASIS
DESCRIPTION OF OPERATIONS ,' LOCATIONS / VEHICLES / SPECIAL ITEMS
CERTIFICATE HOLDER IS iNCLUDED AS AN ADDITIONAL ]NSU'RE5 U?IDER T.~E GENEgAL/ AUTOMOBILE LIABILITY INSURANCE POLICIES ONLY 8,5'7 SOLELY
WiTH RESPECT TO CLAIMS ARISING OUT CF THE NEGLIGENCE OF THE NA'.~'D INSURED. WAIVER OF SUBROGATION GP~ANTED IN FAVOR OF CERTIFICATE
HOLDER UNDER ~ORKERS' CS.,"(PENSAZ;,SN INSURANCE POLICY BO'T SSLEL Y WITH RESPECT TO CLAIMS ARISING OUT OF THE NEGLIGENCE OF TH, E
INSURED.
CERTIFICATE HOLDER i!: : Z i: CANCELLATION :i !:: i ii~jii::!ii!~:Z!~!ii! i~:
SHOULD ANY OF THE POLICIES LISTED HEREIN BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL
COLLIER COUNTY WATER - 20 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN
SE~'ER DISTRICT
ATTN: NOHA,V THA,~PI. P.E. FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
_ oF ANY ,ND UPO,,, T,-,E ,.SURE,', AFFORD,NGC vE, 'T , rTs27 --
NAisLES. FL 34112 REPRESENTATIVES, OR THE ISSUER O
· :" -/'~""'~,C_" .5" -- ' -
;~ MARS,., & MCLENNA.. ,NCORPORATEOb-.~.' . _ .~"/~,
z ,m~,, io,'9Sl VAuO AS OF: : 'i~ ~08, _
[Pc-'/,_ J
BUDGET AMENDMENT REQUEST For Budget/Finance Use Only
BA# '2 ~' '
BAR~
APH Date
To BCC Yes No
Water System Developmere Fees 41.1.
FUND TITLE (FUND NO.)
Date Prepared: 7/14/99 Attach Executive Summars'
ff previousIx' approved. BCC Agenda Date: ~ ] ,~ ] t] ~ Item # } ~ [ B '~ (#1)
EXPENSE BUDGET DETAIL
SCRWTP Reverse Osmosis
Water Capital Pro{ecLy 2 73511 Expansion Pro/ect 70054
Cost Center Title Cost Center No. Project Title Project No.
Expenditure Increase Current Revised
..._ Obiect Code Expenditure Title (Decrease) Budget Budget
631400 Engineering Fees 391,946 2, 000, 000 2, 391,946
TOTAL 391,946 2, 000, 000 2, 391,946
Resen, es 919010
Cost Center Title Cost Center No. Project Title Project No.
Expenditure Increase Current Revised
Object Code Expenditure Title (Decrease) Budget Budget
993020 Reserve for Capital Outlay (391,946) 4, 093, 510 3, 701,564
TOTAL (391,946) 4,093,510 3, 701,564
Cost Center Title Cost Center No. Project Title Project No.
Expenditure Increase Current Revised
Object Code Ex~penditure Title (Decrease) Budget Budget
TOTAL '
WHY ARE FUNDS NEEDED?
Funds are needed for a professional services agreement with Metcalf & Eddy, Inc.
for the South CounW Regional Water Treatment Plant Reverse Osmosis Expangion.
WHERE ARE FUNDS AVAILABLE?
Funds are available in Fund 411. Reserves for Capital Outlay.
REVIEW PROCESS
DATE
COST CENTER DIRECTOR: "K'
DIVISION ADMINISTRA .
,/Q ./,,
BUDGET DEPARTMENT_:
AGENCY MANAGER:
FINANCE DEPARTMENT:
CLERK OF BOARD ADMIN:
B.A. NO:
EXECUTIVE SUMMARY
REQUEST FOR SPEED LIMIT REDUCTIONS FROM FIFTY-FIVE MILES PER HOUR
(55 MPH) TO FORTY-FIVE MILES PER HOUR (45 MPH) ON IMMOKALEE ROAD (CR
846) FROM WILSON BOULEVARD TO 39TM AVENUE NE, AND ON OIL WELL ROAD
(CR 858) FROM IMMOKALEE ROAD EASTERLY FOR A DISTANCE OF 0.75 MILES.
OBJECTIVE: To gain Board approval of a Resolution for speed limit reduction on a portion of
Immokalee Road and Oil Well Road, respectively.
CONSIDERATIONS: New traffic signals are scheduled to be installed on Immokalee Road at Oil
Well Road and on Immokalee Road at Wilson Boulevard. A new traffic signal is also to be installed
on Oil Well Road at the entrance to the new Corkscrew Elementary School.
The Transportation Services Department has determined that a lower speed limit of 45 MPH is
necessary on Immokalee Road and Oil Well Road at the aforementioned locations prior to the
completion of the proposed traffic signals. The speed reduction will assist in keeping traffic flowing
smoothly while lessening the potential for crashes.
A total of ten (10) new signs will be required to provide adequate notice of reduced speed to
motorists. The other changes can be accommodated by existing posts during routine work within the
area.
FISCAL IMPACT: The estimated cost of installing the necessary speed limit and reduced speed
ahead signs is approximately $1,000.00. Funds are available in the Road and Bridge O15erating
Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve the Resolution reducing the speed limit,
authorize the Chairwoman to execute the Resolution, and authorize staff to erect the appropriate
traffic control signs.
~?~Bal~ p7~ raffic erations M~ager
EVIEWED BY: · · '
y~ ~4 -. ' ' s Director
~PROVED B _ _ -* DATE: 9'
Ed Ilsc~e~ Public Works Administrator
ArtacCent - Speed Reduction Area Map
~0.~~
AUG 0 3 1999
~-""'7'
~'~ ..............
I _
e 'i:".:'; ....:":":';]"jv';'7°'T':i"'~ 3~'x', AV~...Z:';: ,:,o.,..,.,..,, oo,.,,,-,,
~ ~ FAIR GROUNDS
'i"i=i"?;';'' ~i~;':i~i'i'Ti ...... =:%~: .... ;':7"'.~; "'.
U37ii~fl H LIHITS OF SPEED
, ~,.!,,~::~2..h.:...!.,I..!.-:',.!,,L:!,,:LJ.-5 fi...IJ..,i..t..f..!j.!. 'J"~5OXL WELL ROAD
~~,~E
I}IMOKALEE ROAD ,: .
~-, ,~..-.-., . .....~.] !il I I~;. !il l i ~
....
--
~' l"i:'i':i 'i;',-:',:'~;~:.:'i::;'Ti':'~ ~= :Fi"i:"i"i"',':'-',":7=~:'i'l"l .... i"i""'H"'l''d': :--.;.;;' .;i:a.i'j':iljjli'.'i':
~ ~:. ~~,: ..!. c., , . . , , .:-:.~----,.:i~ ..i..,...,~r,:,,'~,:
, , , , , · : , , 7 ~ il ,. I j , .~ i i , , ~ ], ,, i : i , ~ , i I ; : ,. t ,. i "'~'
1 RES'OLUTION NO. 99-
2
3 A RESOLUTION AUTHORIZING SPEED LIMIT REDUCTIONS FROM FIFTY-
4 FIVE MILES PER HOUR (55 MPH) TO FORTY-FIVE MILES PER HOUR (45
5 MPH) ON IMMOKALEE ROAD (CR 846) FROM WILSON BOULEVARD TO
6 39TH AVENUE NE, AND ON OIL WELL ROAD (CR 858) FROM CR 846
7 EASTERLY FOR A DISTANCE OF 0.75 MILES.
8
9 WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC)
10 to alter established speed limits on roads under its jurisdiction; and
11 WHEREAS, Immokalee Road (CR 846) and Oil Well Road (CR 858) fall under the jurisdiction
12 of the BCC; and
13 WHEREAS, in accordance with Section 316, Florida Statutes, the BCC may alter such existing
14 speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and
15 WHEREAS, tl%e results of such engineering and traffic investigations determine that the
16 reduced speed limit is reasonable and safer under the conditions found to exist and it conforms to
17 criteria promulgated by the County.
18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
19 OF COLLIER COUNT:Y, FLORIDA, that:
20 1. The BCC does hereby establish a forty-five miles per hour (45 MPH) speed limit on
21 Immokalee Road (CR 846) from Wilson Boulevard to 39'h Avenue NE, and on Oil Well
22 Road (CR 858) from CR 846 easterly for a distance of 0.75 miles. and does hereby direct
23 the County Transportation Services Department to erect appropriate advance warning
24 "REDUCE SPEED AHEAD" signs and speed limit signs giving notice thereof.
25 2. A copy of this Resolution be forwarded to the Collier County Sheriffs Office for proper
26 enforcement of the established speed limit for Immokalee Road (CR 846) and Oil Well
27 Road (CR 858), respectively, within the designated segments.
28 3. The effective date of the speed limit reduction shall be after written notification to the
29 Sheriffs Office and Upon posting of appropriate signage.
30 This Resolution adopted after motion, second, and majority vote favoring same this
31 day of , 1999.
32
33 ATTEST: BOARD OF COUNTY COMMISSIONERS
34 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
35
36 BY: BY:
37 Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
38
39
40 Approved as to form and legal
41 " : ~ /,
"
44 Heidi F. Ashton-
45 Assistant Co,,ier County Attorney AUG 0 3 1999
46
PG,
EXECUTIVE SUMMARY
.... APPROVE WORK ORDER #TS-CC-9901 FOR CABANA CONSTRUCTION
COMPANY, INC. FOR BAYSHOE BEAUTIFICATION MSTU JACK AND
BORE OPERATION FOR UTILITIES
D. IIJ. F.,.CXI_Y~: To obtain authorization to assign Work Order #TS-CC-9901 to Cabana Construction
Company, Inc. in the amount of $62,980.
CONSIDERATIONS: In January 1999, the Bayshore MSTU Beautification Advisory Committee
selected Botner Land Design, Inc., to design landscape improvements on Bayshore Drive between
US 41 and Thomasson Drive. Botner Land Design has completed the construction documents for an
early work phase of this project to install the utility casings needed for the future irrigation system.
The MSTU Advisory Committee has recommended that Transportation Services use Bid #97-2689
to construct the work per Botner Land Design's documents. Total fees for this Work Order are
$62,980 (Attachment #1). In accordance with Collier County Purchasing Policy, the Board of
County Commissioners must give authorization for a work order exceeding $25,000.
FISCAL IMPACT: All tasks included in Work Order #TS-CC-9901 will be funded by the
Bayshore Beauti~cation MSTU, as outlined in the attached proposal provided by Cabana
Construction Company, Inc., and per annual contract "Jack and Bore Operations for Utilities"
(Contract #97-2689) dated October 14, 1997. Total fees for this work are $62,980. There is
currently $36,000 budgeted in Other Operating, the balance of funds are available in Reserves for
Future Construction.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board authorize the Transportation Services Director to execute
Work Order #TS-CC-9901, and authorize all necessary budget amendments required to complete
this phase of design.
Daniel A. DeCesare, Engineer II
REVIEWED BY: ,_~'~ ,'c .,_.'/~LGt~/L} '/-4X4 J ~ DATE: ~ ~/; /
,/,./;' Y ,,
~VIE~D DATE: '7 -- , ' ~
es' ' ~ ' ~ ~' ' ~ ' ' Director
~VIE~D B Ed' 'd~J ~ E~c DATE: ~'~/- ~f
Ed Ilsc~er, Public Works Administrator
AUG 0 3 999
pG.
WORK ORDER # TS-CC-9901
Annual Contract-"Jack and Bore Operations for Utilities"
Dated October 14, 1997 (Contract #97-2689)
This Work Order is for construction services for work known as
Jack and Bore Operations for Utilities for the Bayshore Drive MSTU Streetscape
Project.
The work is specified in the proposal dated July 14. 1999, which is attached hereto
and made a part of this Work Order. In accordance with the Terms and Conditions
of the Agreement referenced above, Work Order #TS-CC-9901 is assigned to
Cabana Constrnction Company. Inc.
Scope of Work:
Install 4" & 8" diameter casing (by boring method) across Bayshore Drive at
locations shown on Botner Land Design's Construction Plans and Specification
for the Bayshore MSTU Streetscape project, and as outlined in the attached
proposal.
Schedule of' Work: Complete work within 60 Days from receipt of the Notice to
Proceed authorizing start of work.
Compensation: In accordance with Article Three of the Agreement, the County
will compensate the Contractor for the performance of this Agreement the
aggregate of the units actually furnished at the unit price, together with the cost
of any other charges/fees submitted in the proposal.
Task Rate Quantity Amount
Jack & Bore 4" casing $50.00 50 I.F. $2,500.00 Unit Price
Jack & Bore 8" casing $56.00 1080 LF. $60,480.00 Unit Price
Wor~ Order Total $62,980.00 --not to exceed without
written authorization--
Any change within monetary authority of this Work Order made subsequent to
final department approval will be considered an additional service and charged
according to the Agreement.
. -/'Daniel A. DeCesare, En ,' eer I Date
AUTHORIZED BY: ~~Z
EdwarB- ~, P.E. Date
Transponati~ices Director
Approved as to Fo~
Assistant County Attorney Date
A~CEPTED BY: /L ~a~n~°Pstrugti°n Co., Inc,
Signature / Date
~ 7 -- Signature Date
>-'l~r~c i'tc~ ~;~ '~ "
~rint or Type Name Witness ~0.
AUG O 3 1999
CABANA CONS:rRUCTIOI,J CO., INC
P.O. BOX 60639
FORT MYERS, FL. 33906
COLLIER COUNTY GOVERNMENT
3301 E TAMIAMI TRAIL Date 7/14~99
NAPLES FL. 34112
PROPOSAL
Re; Contract # 97-2689 BAYSHORE DRIVE IRRIGATION
Jack & Bore Operations
Provide Casings at Locations indicated on Drawings dated June 1, 1999 by BOTNER LAND DESIGN
Appox LF Unit Total
Bore Casing 8" 1080 $56.00 $60,480.00
Bore Casing 4" 50 $50.00 $2,500.00
Note; Traffic Control, Excavation and Rough Back fill Included
Plan Quart Prop, Quan.
# 1 42 50
2 29 37
3 29 3~'
4a 28 36
4b 28 36
5a 28 36
6b 38 46
ta 28 36
7b 28 36
8a 28 36
8b 28 36
9a 28 36
9b 28 36
lOa 29 37
lob 28 36
11 28 36
12a 28 36
12b 28 36
13 28 36
14a 28 36
14b 28 36
15a 28 36
15b 28 36
16a 28 36
16b 28 36
17a 28 36
17b 28 36
18 81 81
19 50 1080
------ EXECUTIVE SUMMARY
AWARD BID #99-2955 - "IMMOKALEE ROAD GROUNDS MAINTENANCE SERVICE."
QBJECTIVE: To award Bid #99-2955 - "Immokalee Road Grounds Maintenance Service" for FY
1999-00 to Commercial Land Maintenance, Inc.
CONSIDERATIONS: Bid #99-2955, "Immokalee Road Grounds Maintenance Service," is an
annual bid which provides for two (2), one (1) year renewals to continue the maintenance of
landscaping in medians and road right-of-way within the MSTD. The Purchasing Department sent
notices of the bid package to forty-seven (47) vendors on June 20, 1999. Bids were opened on
June 29, 1999 and five (5) bids were received. One (1) bid was declared non-responsive because a
Proposal page with pricing was missing.
Staff reviewed all bids and is recommending award of Bid #99-2955 to Commercial Land
Maintenance, Inc. as the lowest, qualified and responsive bidder. Mathematical errors were made in
some of the bidders' proposals. A copy of the corrected Bid Tabulation is attached.
FISCAL IMPACT: Funds are budgeted in Road District 2 Fund 103, in the base amount of
$59,387.12. Contract incidentals in the amount of $10,000.00 have also been established, for a total
award in the amount of $69,387.12.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board award Bid #99-2955 "Immokalee Road Grounds
Maintenance Service" to Commercial Land Maintenance, Inc. in the amount of $69,387.12 and
authorize the Chairwoman to execute the Contract after review by the County Attomey's Office.
Eawara 3. Kant, P.~sp0nation Se~ices Director
~PROVEDBY: . ,~ ~t~t]"LU &~ 5VC, Date:
~PROVED · Date: Ed Ilsc~er,~blic ~ork~d~i~s~ator
A~achment: Bid Tabulation
AUG O 3 19S~
PG..
Bid #99-2955 Immokalee Road Grounds Maintenance Service \*.<
.
Project Title: hnnlokalee Road Greunds Maintenance lh'o~cct ~r: Inquiries Sent: 47
Service
Tabulation for Bid: 99-2955 Val !'rince Packages Rcc: 5
Opening Date: 29-Jun-99
ITEM DESCRIFI'ION E.viromnenlal Commercial Central FL. Adva.ccd Evergreen
Care Land LandSCaping Lawn Landscape
I BASIC MAINTENANCE FUNCTIQN~
~Work Area No 1
~Mowin~ & Ed~in~ Unit Price $288,(~ _. $195.t~0 $165.00~ $300,~
Price for 52 Units $ 1.24~.00 $845,00. $715.00~ $ 1,300.00 / ~06.66
Irrigation Svstem Ullit Frj~ $12~.00 $120.00 $90.00~ ~ $30.00 $40.~
h~ce for 52 unit~ $554,67 $520,00/ $390.00~~ $130.00 - $173.33`/
Weeding Unit eri~= ,4~,~ $97.50 $150.00 $25.00 $40,(~
Price for 52 units $208,~) $422.50~ $050,00 ~ $108.3~ ~ $173.3~
Trimmine & PruninB Unit Price $84,~ $57.50 $150,00 ~ $25.00 64q,~ $50.00
:Price for52 Uni{~ ' $364,00 $249.17-~ $650,~ / $108.33, a $2~6,00
Trash Removal Unit Price $~4.()() $20.(~0 $~0 00 ~ $25.00 $60.0(~
Price for 52 Uqi~ $11)4.(~0 $86.07.~ $86.67. $108.33,( $260.00
Street Cleanin~ Unit ['l'i~ $72 ~Q(,) $20.00 ~5~.00 ~ $50.00
Pri~ for 52 Uni~ $312.00 $86.67- $216.67 ~ $216.67, /
'Work Area N~ 2
Mowthe & EdeinE Unit Pri~ $384.00 $220.00 $0QQ,()0 $400.00 $175.~
Price for 52 Units $1 .~64.~ $953.33./ $2.6~.00 / $~ $758.33
Iweeain~ Unit Pri~ $60,O0 $20.00 $25.90 / $25.00 $60.00
IPrice for 52 unit~ $260.00 $86.67.~ to~,~ $~ $108.33~ $260.~
~ ~Trash ~mgval Unit Price $48.00 $30.00 $20.00 / $2~,00 $60.00
~ 'Price for 52 Units $2~)8.()0, $t tt)_tlt): $86.67. / $108.3y/ $260.00
' PAgE ~ 'OF
Bid #99-2955 Immokalee Road Grounds Maintenance Service
x,,.
ITEM DESCRIPTION Environmental Commercial Central FL. Advanccd Evergreen,..
Care I .and I .amlscaping Lawn Land~cap~
Street Cleaninu Unit Price $~;~().9() 930.0(~ 9120.00"' $50.00 ':; ~1'$150.00/
Price fQr,52 Units $520.00 9130.0(1/ 9520.0f,~/ .1;1;216.67 / 9650.00 /
.' TOTAL COST/I~IONT!i (SUIV!'OTAI, ,,A,,) .1;5.442.67 .1;3,510.01,~ $6.02~3..3,'5 $4,138.32./ $4,007.65
l| SEPARATE MAINTENANCF~ FUNCTIONS
A FERTILIZATION '%
Work Area No 1
Turf. GrOUndcover~h $hrub~ & Tree~; Price per Bag $4.25 93.00~ $5.00-~ ~~ $2-80 -'
Price for 360 Bags $127.,5Q $1~080.007 $1,800.00'~z~Zb,'
Seoueslrene IrOn DrenCh Application I'ri~;~ Ea~:ll .1;224,00 9227.00 .1;300.00`7 .1;242.00 - $2.80
Pri~¢ for4 $74.67 $908.00> $1,20f).Oc~? ct ~,8°' ~ -$93.32,-
20-20-20 with Ferromec AC 13-0-0 pig,'/6% Iroll
Pri~;¢ F~qCh $2 I0.00 $132.{1~ / $30o.0o'~ $257.00 '
Price [or 6 9105.00 9792.00"' 91,800.00-~/,$ar~-"'-$.'~ $175.00~--
SUBTOTAL ,,11,, , $307.17 $2,780.00-' $4.800.00~.~,t,~;c,'~g4197t~ qt-~z?r~.$352.33
· .
B ORNAMENTAL &TURF hSPRAYING
Turf Area: lnsecti~;ide~S & FUngiCide:$ Price per Appl $330.00 $300.0(~' .1;300.00. ~ $750.00' " $100.00
Price for 12/s, ppl $3.990.00 $3.600.00.~ $360.00-" $9,000.00~' $1.200.00
Herbicides Price per Appl $320.00 $300.00/ $300.00 / $900.00 $60.00
Price for ;5 Appl $ 1.600.00 $ 1.500.00. '/ $ 1,5oo.99 / .1;4,5oo.oe / $3o0.00
Groundcover. Shrul~$ & Trees: InsectiCide~ ,nd
Fun~icides Price per/~ppl $230.00 $140.00 "' $200.00 -" $250.00, / $120.0~
Price for 12/~ppl $2,760.00 '1; 1,680.00'/ .I;2,400.00'~ ,I;3,000.00 / $1,440.00
ilerbicides Price per Appl $238.00 '1; 140.0(Y" $100.00 ~' 9300.00" $90.00
~ ~ · PricefQr~i b. PPJ $1,190.00 $700.01T' $500.00 ~ $1,500.00~, $4,50.00
·
G': ~] SUBTOTAL ,,C,, $9,,,i40,()0 .'117_480 {}()!7 $8,000.00 /
Cal c:) ~ }g ... $18.000.0(L / $3.390,00
~ ~,~," AIIACHMENI N0.
co Page 2 c
co · PAGE ~ OF
Bid #99-2955 Immokalee Rohd Grounds Maintenance Service ,
ITEM DESCIHI'TION Environmental Commercial Central FL. Advaaccd Evergreen'.
Care I mad Landscaping Lawn Landscape '
C HULCIt!MG QF PliANT I}I~I)S ,' 't~
ApplicatiOn Pri¢~per B~R $O.pO $0.88~ ~ $1.00 $0.70 /
' price for 3500 Bag~ ~3.150.00 $3,0S0.00~ ~ $3.500.0~ / $2,450.00 /
D CANQpY TREE AND PALM PRUN1NO
Cangpy Tree~-April and September ' :
Oak~ Price ~r Cut $38.00 $13.0c~/ ~10.0~/ $75.00~/
Price for 20 Cuts $760.00 $260.00. , ~200.0~ / ~ 1,500.00' / $3~.~
Slash Pin¢s Price per Cut $ I I.~ ~ i 3 .~/ ~5 .~ / $30.~,-
Price for 39 Cuts $390.~ $507.~/ $195.~ / $1.170'.~" $585.~
~ilVer ButtQnwOQd Pri~¢ p~r Cut $ i 6.~ ~ ~ ~.~ ~ $10.00'- $30.0~ - ~ 15.~"
Price for47 Cuts $752,(~) $61 i,~) -- $470.~)'~ $1.410.0~/ $705.0~-
Wax Mvrtlcs Price ~r CU~ $ I Q.~) $13.0(~ ~ $ I 0.00 ~ $30,0(~ /
Price fQr 11 quts ~!76.0Q ~143.0~ - $110.00 / ~330.00~' $16~0~
SUBTOTAL "D" ' $2,07~.00 ~ 1,521.0~ / $975.00'~ I~ "~ $1.755.0~
Palm~-June
Sabal Palm~ Price per Cut ~ 13.50 $15.0(~ / $20.~ / $ ! 6.0~ -
Price for 59 Cut~ ~796.5Q $885 .~,- $ l 18.00. / $944,00, / ~88~
~UBTQT~ "E" ~2,87430 $885.0~ /t:i~°~~ ~944.00 - $885~
Ill SUMMARY OF ANNUA~ CQ~T~
Work Area N9 I & NQ 2 BaSic MaintenanCe FunctiOns ...
(~ubtotal "A" ~ 12 Months) $65~312.04 $42,120. I~/ $~g~ .I;49,659.84 / $4S,091
~ Separate Maintenance Functions for:
.
--[ Fertilization (Subtotal "B"} $3.6~(~.{)4 $2,780.0{~ " $4,800.00 '~O~o~ $4.227.96:
~i QrilaiHental &Turf Slnaying {Stthttflal "C") ~U,54().1)(1 $7~40_(}~} $8OO.O(~ / $18,00(1.0{1 /
5 ATTACHMENT NO.
~Page 3 of 11
PA E g OF
Bid #99-2955 Immokalee Road Grounds Maintenance Service ; ..
\,.
Care Land Landscaping Lawn
MulchinK Qf Phmt Beds $3,1~0 00~ $3,~18{1.(}~ $3,500.0~7 $2,450.0~/ 2'$t
Canopy Tree & Pahn Pruning
' ~{~ubtotal "D" X 2'~ SubtQtal "E") $4.952.50 $3,927.0{} / $3.130.00~ $9.704.0~/
IV TOTAl, B~I~ IHI) $~Q,64().~8 $~9r747-;1~ ~)'I,7'tQ~O ~3~ $60.~9.~
V To~l Men ('Crew Size) To Perform Services ~" '
P~r Week ~ ~ ~ t.~,~ ~ ~,- . . .
E~¢j~atcd Total Man-Hours to Perfgrm Required
Services Houra per Week ,51 26 60 ~0-4~ ,
Vi ADDITIONAL LANDSCAPE MAINTENANCE
SERVIC~
A GENERAL SERVICES . .
~g~r (per man-houfi $24,00 $23.00 - $21.00 / $20.00 - $
l~ieation Lair (per man-hour} $~2.0Q .I;27.00 $2 J ,OQ ' $2~.00 ~
Su~rvision f~r man-houfi , $~ ! .~ $35.0(~ $29.00 / $25.00 - $28.~
Irrigation Suoervision (Ber man-hour} ,I;35.00 ,35.00" ,I;35.00 / .I;30-00 /
,Rental Cost per day of 4000 ealhm hmker with oDeri~lor ....... $9~Q,Q¢) n/i~ hR ] $85.0~/ $500.00 / $480,00
B P~ANTINO SERVICES
IMulCh
Shredded Cypress Bark. Grade "~", 2" Depth per ~q ft $0,51 $1.25 / ,0.~0'~ ,0.4~' /
Eucalyptus. Grade "A".2" DCptll persq ft $0.~1 $1.50 $0.35`/ $0.35 ~ , .. $0-50
Pine Str~w, y' fluffed depllt per sq ft $0.20 .I;0.75~ $0.2~/ $0.4~ ~ .1;0.2
~ g ! Washed shell. 3" denth per so f¢ "' $0.62 $0.7~ ~ $0.5S./ $0.65~ ',6.40
~: ~' ,I
~ L~;~HME N0.
~ Page 4 o OF [
~ ,
Bid #99-2955 Immokalee Road Grounds Maintenance Service , ..
Environmenial Commercial Central FL. Advanccd Evergreen!
ITEM !)ESCRI lvFION
Care I.and I.andscaping Lawn Landscape ,
a 4" CQnlainer, Annt~al~/l>erennials
Beeonias. lmDadet~s. Lantana. Pcnlas. Pt~rnlC
, Du.~ ~mg~wcr l'rj~ I~itcl} $ ~ ,7~ $2.0(~ / $1.5() / $ I .~0, / $1.50
b I Gallon Container
African Iris Price Each $4.7~ $4.7~ $4.00 ~ $3.0(~ $4.~
Coontie Price Each ,1;4.75 $10.00 / .I;8.00 / $3.00,; $4.00
Day-Lily. evergreen variety Price Each ,1;4.75 ,I;6.00 ' $4.Q~ /
Florida Gama erass Price E,ch .1;4.75 $9.~ ~' $5,00 ' $3~00. ~ .$4,00
Juniper 'ParsoniV PriCe Each $4.7~ .1;5.00 ' .1;4.00 ' ~.0~
LidoDe 'EverEr~n GianC Pri~e Eit~ll $4.7~ $~ .00 r $4.0Q ,
Purple Oueen Price Each $4.7~ $5.00 ~ $4.00 / $3.00 / $4~r
Spider Lily Price Each ' $4.73 ,1;5.00 / .1;4.00 / $3.0G
c ~ Gallon ~onlaincr
~optum 'l torjzonlal' Price Each $12.(~ $ I ! .50'/ $ I 1.00 / $8.50' / $12.0(~
C~ntie Price Each $12.~ $35.00 I, $20.00 / $8.50 / $11.5~
Dwarf Bou~ainvillea Price Each $12.09 $13.00 $ I I .~
FakahatChee ~ra~s Price Each $ ! 2.00 $13.00 - $ I 1.00 /
Florida Privet Price Eacl~ $12.00 $13.~ ;' $11'.00 , $9.00 / $10.OG
I flex 'Schellines Dwarf Price Each $12.09 $13.00 - $ I ~ ,99 / ~8.5~ /
c ' _l Indian llawthor~l '~lb~i', whi(c lh'ic~ I~ach $~.()() $13.00 / $J I.()() / $9.50/
~ c ~ ixora 'Nora Grant' Price !~act~ $12.00 ~l 3.0~) / $12.0~ / ~9.~O/ $12.0~
m Page 5 of ~ ~ ATTACHMENT N0. '
~ % PA~F
#99-2955. Immokalee Road Grounds Maintenance Service ~ .
Environmental Comntcrcial Cenlral FL, Advanced Evergreen!
ITEM DESCRIPTION Care Land Landscaping Lawn Landscap~
Juniper 'ParsoniF Price Each $12.QQ~ $13.00 / $1J.0~/ $.8.25~/ ~. ,t. $10.00~
, , ,
~pider i.iJy Price Each SLY.()0 $13.O(~ ' $1 I.Q~/ $~.~0,' $12,QQ
-,
Tl~rvalli~ Pric~ Each $12.f)O $13 .O() $ '1 I.OO/ $10.O0. ~ ' ' $10.O(l
T.rnera 'Yellow Alder' Price Each $15.O0 $13.00
Wa~ Mv~le Price ~ch SlY.Q0 $13.00
$.w Palmetto Price Each $20.0Q $35.00/ $20.00
Sea Oats Price Each
Silver B~ttOnwood Price Each
Simpson ~tQpper Price Eacll . . $12.OQ $17.00 $12.0Q
Variegated Piuosnorum Price Each $12.OO $13.00 / $11,00 / $8.50 / $12,0Q
W~lt~r'~ Vj~urnum Pd~e Ea~l~ $12.00 $13.00 ~ $12.~ / $8.~Q/ ~1~.0~/
d 10 OallgB CQntainer
Bottlebrush 'Red Cjuster' Price Ea~l~ $100.00
~0rdbOard P~I m Pric~ Ea~ll
C~ttley ~uav~ Price Each ....
¢ri.um Lilv Price Eacll .... $ I00.00. $85.00 ~ $80.0~ / $60.00 / ' $'7~,00
.
Crane Mvrtle Price Each $ ! 00.00 $85.00 $80.00./ $60.00 / $~O.OO'
Hibiscus Standard Price Each $ I OQ.QO $85.00 / $7~ .0~ / $6~ .00 / $$O.QQ
i King ~g9 Price EaCh $100.00 $120.00,/ $90.00,/ $100.00 / $80.00.
~'.
~ Ligu~tru.l PriceEach $100.O0 ~8-S-(~O
~ Patio 6 o~
~ P~GE ~ 0F
~ ~ ' ,,
Bid #99-2955 Immokalee Road Grounds Maintenance Service ~ ·
\..
ITEM DESCRilri, iON Environmental Commercial Central FL. Advanccd Evergreeq~
Care Land Landscaping Lawn Landscape
Myr~ine Price Each $ [ 00.90 $120.00 - $85.0~ , $50.0~ - ,',
Silver ButtOnwoo~ Price Ei~ch $100.00 $85.00 - $85.00 / $65.$, / $90.0Q
Sirenson Stoooer Price EaCh $100.00 $85.00 - $85,0G / $~0.0~ - $90.~
W0~ MVflle Price Each $100.00 ,'[;85.00' ..~$80.00 ' $~0.0~/ $87.~
Varietated Pittgsporu~ Price Each ..... $10Q.~ $ I I 0.00 $95 .~ ' $ ! 00,0~ ' $110.~
Walter'$ Yiburmnn Priq~ Eoch $ ! ~ 00 $85.00 $85.00 ' .'1;50.00 ' $ I I
e 30 Gallon Contablet
Bottlebrush 'Red Cjuster' Price Eacll $200.00 $200.0~1 / $190.00 ' $160.~ ' $2~0-~'
CaSsia PriCe Each $2~.~ $300,005' $195.00 ' $160.00 ' $180.~
Craoe Myrtle Price Each $200.00 $220.~1~ $190,00 / $160.00 ~ $220.~,
Dahoon H911y Price Each ~ $200.~ $220.00~' $21 ~ .00 / $160.00 /
Hollv 'East Palatka' Price Ea~l~ $200.~ $220.00] / $21 ~ .00 / $160.00' /
i Foxlail Pahn Price EaCli $3~)0.00 $30O.00- $275.00 / $175.0(} -
Key Thatch Palm Price Each $3~.0Q $300.0~- $275.~ ' $175.0~/a
bigu~tru~ Price Each $400.00 $220.00~ $215.0C ' $175 .Off / $250.00n
Live Oak Price EaCh $~00,00 $220.~1~} ' $215.00 / $175,00 / $225'.~
Mahotanv Price Each $200~0Q $220.00. / $200.~ ' $125.00 / $2~.~,
Red Maple Price Each $200.00 ,'1;220.00 $200.00 / $150.00j $190.00
~ [ iOran~e Gei~er Price Each $200.~ $220.00 d ' '$200.00 ' $175.0g/ $170.00,
i ~1 S lash Pine Price Each $200.00 $22().( )(I ~200.00 / $ 175.0f~ / $ ! ~0,00]
~ PaOo 7 ol 1 ~ P~GE ~ OF
~ ~ . _
Bid #99-2955 Immokalee Road Grounds Maintenance Service
Environmental Comtnercial Central FL. Advanced Evergreen'
DESCRllvFION
Care I ,and !~andscal}ing Lawn Landscap~ ,
Tabcbui~'lpe' PriccEach $~()O.O() $225.00- $21~.0(~~ $185.00,/
W~ Myrtle Pric~Eacll $~9Q.Qo .1;200.00 / $190.0() / $75.00 / $140.0Q
.Wlfite Geiger Price Eacll $200.00 ,$225.00 - $215.00/ $169.0~/ '$160.(~
65 Gallon Container "~.. :
BOttlebru~tl 'Red Clu~ter' Price Each $350.00 / $300.00 / $250.00 ? $250.00
Cra~¢ MYrtle Price Eoch $350.00 - $3~0.00. / $27~.00 ~ $250.00
Dnhoon l.]ollv Price Ench $350.00 / $350.O~ $27~.00/ $225.O0
Holly 'East P, latkiC Pri~ ~,~h $4~0.00" $350.00 ~ $275.06~ $4~.~
Foxtail P.Im Price Each $450.00 / $475.00 ~ $350.00 / $425.~
Key Thatch Palm Price Each $450.00'~ $450.00 ~ $275.00 h/a
Li9u~strum Price Each $420.0ff~ $450.00 ~' $375.00 - ~25'.~
~ive Oak Price Each $420.00' / $450.00 ~ $350.00 , $4~.00
.Mahoeanv Pri~e EaCh ..... ,1;420.00 ~ $350.0~/ $325.0b /
R~d M,Ole Price Each $420.00 $3~0.0~/ $275.90 ~
Oranae Geiaer Price Each .1;400.00/ $325.0~~ $325.00 r $2~0.00,/
Slash Pine Price Each $325.00 / $350.O~/ $325.0~' $250.~
T~bebuia 'lOe' price Each $375.00 / $350.00 / $375.0ff ~ .... $325.00
Wa~ MyrHe Price Each $37~ .00 $300.Q0, / $22~ .0~ / :$250.00
White Gei~er Price Each ,I;400.00/ . $325.00/ $325.0~' :1;250.00
Palms
AHACHMEN~ N0.
pago 8 of .
PAGE 8 ..... 0F
...
Bid #99-2955 Immokalee Road Grounds Maintenance Service ~ .,:
~,.
Enviromncntal Commercial Central FL. Adwmccd EvergreenS.
ITEM DESCRli~iON
Care Land !~andscaping Lawn Landscape .
Sabal Palm (10' tO 20' ~.T.) Price Each .......... n/a $225.0~/ $175.0~/ .' .;$1~Q.~
Sab~l Pahn (lO' t~20' Booted) Price Each n/a " $22~.00~ $175.00 / $150.0Q
Key Thatch Palm (6' to 7' ht ~eld m'ow:a~ Price Each ,;v/it $325.00,~ $475.00 ) "$180,C~
Rgyal Palm (16' to 18' ~.*1'.) Price Each n/a .... ~700.0~/ $37~.0G/ $5~.00
4 Canonv Tree~
~Live Qak( l~ gal COntainer, 4"-~" cal, 16' hi) Price Each n/a $~.0Q.~ ,$550.00 ~a
iLiv¢ Oak (2~ ~al container, 6"-8" cal. 20' ht) Price Each n/a ~ $1,800.0Q / $650.0~ ~/a
C LIOUID ~RTILIZATIQN APpLiCATION
Turf Price net sq f~ 0.015 ~ Q.0Q !' / 0.040' /
Plantin~ Beds Price her sa f[ 0,01 ~ ..; 0,~ 1 ~ ~ 0.040 / 0.015
D SOD SERVICES
per sq fi ,$0.40 $0.~ / $0.4~ / $0.50
E SODffURF ~RASSES
St Au~ustin~
I Fi0ratam MuCk GrowD Price per 500 sq ft pallet ,$175.00 ' $175.~/ $150.0~~ $150.~
Floratam Sand GrOwn Priceper4~qftpallet $140.00/ ~$40.0Q/ $125.0a~ $12Q.~
, 2 Palmetto Mock ~rown Price net 5~ saft hailer $17~.00 6/a ~'~ $1~0-0(~/ $175.00
Palmetto Sand ~rown Price net 4~ so ft nallet $140.00 n/a ./ $125.0~/'
3 Bitter Blue M~k GrOwn Price per ~00 Sq ft p~tlet ,, , `$200.00 ~ $190.0~ ~ $ ! 50.00' / $15Q.Q0
c: Bitter Blue Sa~d GrOwn Price per 400 sq ft pallet $155_00 $125.0~ $120.00
G- ~ $~32.00'7
~ ,~ ATTACHMENT NO.
~ ~ Page 9 of 11 PAGE ~ OF I
Bid #99-2955 Immokalee Road Grounds Maintenance Service
\,.
:
ITEM DESCRi!r!.!ON Environn~cntal Comn~erciai Central FL. Advanccd Evcrgreen!.
Care Land Landscaping Lawn LandScap~ ,
Bahia ..
I Argentine S~nd Grown Price ~er 400 ~tl I'l pldlct $ [ I().{}(}~ $100.0(~' $125.00, ~ '
' Yll ~I)!)iTIONAIJI~MI~IIGIgNCY I~ANI)SCAI'I~
MAINTENANCE SERVICI~S
MQWin~ & ~inR Price per sq ft 0.020 J~ "~ 0-005'/ 0.200./ 0,025
Weeding {hand removal & hand sprayed herbicicle)
Price Bet ~q f~ $0.05, / ~. ~ ~ $0.10, / .... $~.02
Prunin~ (Per Section D) {Removal & Delivery of debri~
t° landfill site1 Price per hr $27.00 $i5.6 - $2~.00 - $23.~
Fertilization (L~bor fgr broadcastin~ 50 Ib ba.I per bar $7.00 ~"' $5.00 / $5.00 - $5.5~
Mulch AooliCa~ion (Labor ~r al~plving 2 cuft bags)
Price uer Ba~ $1,2~.~ $1,50 / $1 ,~ / $'1.50,
Trasll Pickup & Removal (Batting & disposal Io a
landfill of trash from landscape area~ & ?n-sile
containerS} Price per hr .I;27.00' $2~.Q0 ' ,I;20.00 / $22.~
Irritation System Reyiew Pri~e p~r hr $40.00 / $~.00 ~ $35.0Q/ $4Q.~
Travel Time Price her hr $27.00' ;' $20.00 / $20.0~ / ~20~00
Labor vet herson Price vet hr $27.00 ' $25.00/ $20.0~/ ~22.~
Truck O~ratgr (Cla~ B 0r higher cufent State of
Florida Driver License~ Price per hr n/a .... $3~,0G / $25.0~ /
ALTERNATE
Street SweepinE Unit Price $325.00 ~/a ~ $200.0~' $3~.00.
Price for 12 VnitS $3,900.O0'nla ~ $2,400.00
'
~ Page 10, ATTACHMENT NO.
PACE [~ OF
Bid #99-2955 Immokalee Road Grounds Maintenance Service i ,,,
Environmental Commercial Central i;L. Adwmced Evergree~
ITEM DESCRliq'iON
Care IAmd I Amdscaping I.awn Landscape
L~st of Subconlraclqrs? iRm~ Yes / 1~gDe -~ yes ~ q<)ne ..
Copy of Cunent LandScape Conlraclor'~ LicenSe? ye~ yes / yes yes '- yes
Verification of c~renl .roiccts? ye~ yes ~ yes yes ~ yc~ '
, Li~ of Owned~eased Equipment? ye~ yes d Yes ~ no ~, 7 yes .
D~cmn~ntatioq of Experience? yes yes / none -' m~ y~ ~ ~
c yes
Photo or brochure w~th s~ccifications Of ~lreet y~ ye~ ," nQn~ ~ yes ,~,, ~, t~One
SwecoinB equipment? .,i .~..
Ruver:~ l.vn W~d ~ ~ ~Z .....
Wilne~:iRIIhen Pllenle v / ~/ ~
i ATT'ACHMENT NO.
Page 11 of 11 PAGE ! I . _ OF __ _,! |
EXECUTIV'E SUMMARY
RECOMMENDATION FOR A SPEED LIMIT REDUCTION FROM FORTY-FIVE
MILES PER HOUR (45 MPH) TO THIRTY-FIVE MILES PER HOUR (35 MPH) ON
BAYSHORE DRIVE, FROM US 41 TO THOMASSON DRIVE FOR A DISTANCE
OF ABOUT ONE AND ONE-HALF (1 '/1) MILES.
OBJECTIVE: Approve a Resolution to reduce the speed limit on a portion of Bayshore Drive.
CONSIDERATIONS: The Bayshore Avalon Beauti~cation Municipal Service Taxing Unit
(MSTU) will begin landscape improvements along Bayshore Drive from US 41 to Thomasson Drive in
FY 2000. The design of these improvements calls for considerable landscaping in the medians and the
rights of way. These improvements will change the character of the road, inviting more people and
businesses to the area. The design also calls for in-road bicycle lanes that will cause the existing travel
lanes to be narrower. Due to the above considerations, the MSTU Advisory Committee recommends a
reduction of the speed limit from forty-five miles per hour (45 MPH) to thirty-five miles per hour (35
MPtt).
The Transportation Services Department has determined that as a result of these landscaping
improvements, the reduced traffic lane widths, and the addition of a in-road bicycle lane, a lower speed
limit (35 MPH) is warranted after the improvements have been made.
FISCAL IMPACT: The estimated cost of changing the speed limit signs is approximately $200.00.
Funds are available in the Road & Bridge Operating Fund.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve the Resolution reducing the speed limit,
authorize the Chairwoman to execute the Resolution, and authorize staff to erect the appropriate traffic
control signage after the landscape improvements are completed.
D~y~Ces~e,: ineer
~VIE~D BY: .:(~Z~'~ "]' '/ DATE:~'
Edward J. K~ "Z asponation Se~ices Director
~PROVED B~~ , DATE:
Ed I~c~er7'Pdblid Works XdGin~r
A~ac~ent: Speed Reduction ~ea Map'
Resolution
C conu~
Antarcti(
Arctic C,
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Winter Park BIv,
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Shadowlawn
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Pinelancj
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:.,,.~;~' H~,,~ A~ ~"" ~:~ 3 1S99
,,: ,,.:,:,..~. -~ , ....
1 RESOLUTION NO. 99-
2
3 A RESOLUTION AUTHORIZING SPEED LIMIT REDUCTIONS FROM
4 FORTY-FIVE MILES PER HOUR (45 MPH) TO THIRTY-FIVE MILES PER
5 HOUR (35 MPH) ON BAYSHORE DRIVE FROM US 41 TO THOMASSON
6 DRIVE FOR A DISTANCE OF 1.5 MILES.
7
8 WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners
9 (E~CC) to alter established speed limits on roads under its jurisdiction; and
10 WHEREAS, Bayshore Drive falls under the jurisdiction of the BCC; and
11 WHEREAS, in accordance with Section 316, Florida Statutes, the BCC may alter such
12 existing speed limits as may be appropriate upon the basis of an engineering and traffic
13 investigation; and
14 WHEREAS, the results of such engineering and traffic investigations for Bayshore Drive
15 determine that a reduced speed limit is reasonable and safer under the conditions found to exist
16 and it conforms to criteria promulgated by the County.
17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
18 OF COLLIER COUNTY, FLORIDA, that:
19 t. The BCC does hereby establish a thirty-five miles per hour (35 MPH) speed limit on
20 Bayshore Drive from US 41 to Thomasson Drive for a distance of 1.5 miles, and does
21 hereby direct the County Transportation Services Department to erect appropriate
22 advance warning "REDUCE SPEED AHEAD" signs and speed limit signs giving notice
23 thereof.
24 2. A copy of this Resolution shall be forwarded to the Collier County Sheriffs Office for
25 proper enforcement of the established speed limit for Bayshore Drive, respectively,
26 within the designated segments.
27 3. The effective date of the speed reduction shall be after written notification of the speed
28 limit reduction is delivered to the Collier County Shedffs Office and upon posting of
29 signage.
30 This Resolution adopted after motion, second, and majority vote favoring same this ~ day of
31 ,1999
32
33 ATTEST: BOARD OF COUNTY COMMISSIONERS
34 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
35
36 BY: BY:
37 Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
38
39
40 Approved as to form and legal
42
43 , / ~
44 H'eiai 'F'7~s~hton
45 Assistant Collier County Attorney
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
APPROVE AN INCREASE TO THE CONTRACT WITH TURRELL AND
ASSOCIATES FOR ENVIRONMENTAL CONSTULTANT SERVICES FOR THE
CLAM BAY RESTORATION PROJECT
OBJECTIVE: That the Board of Collier County Commissioners approve an increase
to the Contract with Turrell and Associates for Environmental Consultant Services for the
Clam Bay Restoration Project.
CONSIDERATIONS:
1. On September 15, 1998 the Board of County Commissioners approved a proposal from
Turrell and Associates for Consultant Services for the Clam Bay Restoration Project in
the amount of $219,070.00 which was executed by Collier County Purchase Orders.
Additional services not included in the scope of work of the original proposal have been
required during the course of this project. These additional services have been mainly
due to additional permitting, modifications to existing permits and construction
alterations because of environmental concerns raised by Collier County, State and
Federal regulatory agencies. Attached are the invoices from Turrell and Associates, and
their sub-consultant Humiston and Moore, which reflect ~the fees for the additional
..._, services being requested. Staff and the Pelican Bay MSTBU Advisory Committee have
reviewed the requested increases and recommend the increases be approved.
2. The recommended increase is higher than the budgeted amount for Environmental
Consultant Services in the Tidal Creek Cuts I, II and III and Clam Pass Main Channel
Cut IV Cost Centers. However, funds are available in the Clam Pass Main Channel Cut
IV Cost Center in General Improvements. Therefore, it is requested that a Budget
Amendment for $40,200.00 be approved transferring these funds from Clam Pass Main
Channel Cut IV, General Improvements to Tidal Creek Cuts I, II, III and Clam Bay Main
Channel Cut IV, Engineering Fees.
FISCAL IMPACT: The fiscal impact for the recommended increase is $40,200.00.
Pelican Bay Services will fund 50% with Funds available in the Clam Bay Restoration
Budget and the remaining 50% will be funded by WCI Communities per the agreement
approved by the Board of County Commissioners.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve an increase
to the Contract with Turrell and Associates for Environmental Consultant Services for the
Clam Bay Restoration Project and approve the necessary Budget Amendment.
PREPARED ? "-~ -~, "' '/' .":' DATE:
james P. Ward
~.
Steve Carnell
APPROVE _-
Ed Ilschner, Administrator
Public Works Division
AUG - 3 1999
HUMISTON
& MOORE
ENGINEERS
COASTAL I06~1 ~NRPOI~/' ~ N., SUITE 14
I~LAR..E5. FLORIDA 34109
ENGINEERING DESIGN FAX: 941 594 2025
AND PERMITTING .ff~,'~ PHONE: 941 5f4 2021
June 1, 1999
Mr. Kyle Lukasz
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
SENT VIA FAX 597-5400, 7 pages
Original mailed
In Reference To: Clam Bay Restoration Project, Request for Change Order _.
Collier County P.O. 805229, HM File No. 8042 _
In pursuit of completion of the referenced project, we have been providing requested Additional
Services which were not contemplated in our original scope of work. As provided for in our
Standard General Conditions of Professional Services Contracts, we have been billing those
services under the Additional Services portion of our contract.
Services provided as Additional Services which were not contemplated in our original budget
generally include:
· Attendance at meetings of the PBSD board and subcommittees as requested.
· Attendance at BCC meetings and meetings with individual commissioners as
requested.
· Attendance at Collier County Beach Committee and TDC meetings as
requested to assist with funding and answer questions regarding environmental
issues.
· Obtaining regulatory approvals for activities not covered by the original permits,
such as disposal area siting and gopher tortoise issues, and plan modifications
as necessary to reflect resolution of those issues.
· Obtaining County vehicle on the beach permit and CCSL variance.
· Addressing concerns expressed by the public, County Staff, and DEP regarding
the level of turbidity generated by the permitted disposal of material on the
beach.
· Tidal data collection for the purpose of measuring changes in the tidal flow in
Clam Bay as a result of the dredging as a means of evaluating the
effectiveness of the project.
Through the month of April, these Additional Services have .totaled $16,079.55. Attached is an
itemized list of specific charges which have been billed under Additional Services for the
referenced project and which were not contemplated in our additional services scope of work.
These services were billed under Additional Services on Invoices #5249, #5437, #6340A.
AUG - 3 B99
Collier County Board of County Commissioners Page 1 ot' 7 pg ~_~
We have so far been able to cover these services under the original budget due to under-runs in
other task items, however, our billing for services during April has exceeded the original budget by
$896.61. Furthermore, although the dredging has been successfully completed, we are still trying
to resolve permitting issues related to the re-grading of the beach south of the inlet, the
restoration of disposal areas #2 and #3 has not been completed, and the analysis of the tidal data
and the first post construction monitoring report required by the DEP permit is due within 90 days
of completion of construction. We therefore find it necessary at this time to request a modification
to our original contract, to increase the estimated budget for the Additional Services elements to
complete all necessary activities. We recommend budgeting an additional $15,000 to cover these
services. Please confirm that this is acceptable to the County.
Please call if you have any questions.
Sincerely yours,
HUMISTON & MOORE ENGINEERS
Kenneth K. Humiston, P.E.
Copy to: Todd Turrell
Attachment
AUG - 3 1999
Collier County Board of County Commissioners Page 2 or' 7 ~C/Z'
Pg
HUMISTON & MOOr?E ENGINEERS - NAPLES, FLORIDA
Clam Bay Restoration
Summary of Additional Services not listed in original s'cope of work
Project #1
Additional Services, Tasks 8-9 (T/M)
Hrs/Rate Amount
1/7/99 -Attend Collier County Beach Committee meeting regarding TDC 3.50 350.00
grant request. 100.00/hr
1/18/99- Prepare for meeting at Pelican Bay, memo to Kyle Lukasz. 1.50 150.00
100.00/h r
Attend meeting at Pelican Bay. 2.00 200.00
100.00/hr
1/22/99-Work on narrative for long range budget submittal to DEP for 0.50 50.00
county, review correspondence. 100.00/hr
Funding Application. 4.00 400.00
100.00/hr
Prepare project description for county TDC budget. 1.25 100.00
80.00/hr
1/25/99- TDC Meeting. 3.00 300.00
4~00.00/hr
2/5/99- Prepare County CCSL variance petition package for meeting with 4.00 320.00
County. Meet with County. 80.00/hr
- Memo to file regarding conference, 0.50 40.00
80.00/hr
2/12/99- Discussion with Cloe regarding Gopher tortoise permit. 0.25 25.00
100.00/hr
2/15/99-Review memo from Todd Turrell regarding gopher tortoises. 0.25 25.00
100.00/h r
Team meeting with Todd Turrell. 1.50 150.00
100.00/h r
- Discussions with Bob Brantly and Turrell regarding FG & FWFC 0.75 75.00
and gopher tortoise issue. 100.00/hr
- Discussions with Jim Ward regarding Agencies and 0.25 25.00
Commissioners. 100.00/hr
2/16/99- Prepare for Commissioners meetings. Coordinate with Todd 4.00 400.00
Turrell and conference with Jim Ward. Hold meetings with 100.00/hr
Commissioner Norris and Commissioner Carter. Conference with
DEP. Local travel.
Prepare aerial for gopher tortoise locations. 1.50 97.50
65.00/hr
2.50 250.00
2./18/99- Dredging subcommittee meeting.
100.00/hr
2.00 200.00
2/18/99- Meeting with Commissioner Berry.
100.00/hr
2/19/99- Conference with Commission Offices, Tom Olliffs office and Jim 1.25 125.00
Ward. Follow-up to Registry meeting. 100.00/hr
1.50 150.00
Pelican Bay Board meeting.
100.00/hr
Meeting at Registry Resort. 1.00 100.00
100.00/hr
Prepare plans for Jerry Thirion. 1.00 100.00
100.00/hr
Meeting at Registry Resort, and beach site visit with Jerry and 2.00 200.00
staff. 100.00/h r
2/25/99- Co~ference regarding FG & FWFC gopher tortoise issues, 0.25 25.00
AUG - 3 B99
Collier County Board of County Commissioners Page _~ of' 7
Pg.
HUMLST~',I ~ MCOi~E ENGINEERS · NAPLES
Discussions with Brett and Todd regarding gopher tortoise permit 0.25 25.00
from Jim Beaver. 100.00/hr
2/26199- Conference with Turrell regarding status of Corps and tortoise 0.25 25.00
permits. 100.O0/hr
1/7/99- Mileage to City/County Beach Committee meeting. 7.44
1/14/99- Mileage to Pelican Bay Committee Meeting. 3.72
1/25/99- Mileage to Turrell/County meeting. 6.20
Mileage to County TDC. 6.20
2/16/99- Meeting with Commissioners 6.20
2/18/99- Commissioners meeting and Subcommittee meeting 9.92
2/23199- Mileage to Collier County Commission Meeting 6.20
3/1/99- Review correspondence from Turrell regarding Corps and USF & 0.50 50.00
WL approvals. 100.00/hr
3/2/99- Discussion with Ed Gdffith, update on status of Corps approvals. 0.25 25.00
3/4/99 Specifications for silt fence and water barrier. 0.50 50.00
100.00/hr
3/9199- Discussions with Kyle and Turrell regarding silt fence and liner in 0.50 50.00
disposal areas 2 & 3. 100.00/hr
3/10/99- Discussion with contractors and County for Vehicles On Beach, 0.75 60.00
24-hour operation authorization and progress and schedule of 80.00/hr
work.
3/15/99-Discussions with Energy Resources, Kyle Lukasz and Turrell 2.00 200.00
regarding Gopher tortoise fencing. 100.00/hr
Total Additional Services Project #1 Tasks 8-9 (TIM) $ 4,388.38
Project #2
Additional Services, Tasks 9&10 (T/M)
Hrs/Rate Amount
1/26199-Attend County Commissioners meeting, local travel, calls. 2.00 200.00
100.00/hr
2/12/99-Called Collier County Commissioners to schedule meetings. 0.50 22.50
Faxed meeting schedule to Todd Turrell. 45.00/hr
1/26/99-Mileage: CCBC meeting. 6.20
1/5/99- Conference with Kyle Lukasz regarding CCCL approval from 0.75 75.00
County. Conference with Todd Turrell, coordinate submittal. 100.00/hr
Correspondence.
Conference regarding County variance. Discussion with Turrell 1.00 100.00
and Kyle. 100.00/hr
Add CCCL line to site plans. Print copies of plans for County 3.50 227.50
CSL Variance 65:00/hr
2/8199- Discussion with County regarding revisions to plans for CCSL 0.75 60.00
variance. Review changes requested. Prepare copy of technical 80.00/hr
"' specifications for County as requested.
- Review permits for transmittal to County for CCSL variance. 1.00 80.00
Prepare reduced. plans with 1974 CCCL. 80.00/hr
- County CCCL vadance response and calls to Kyle Lukasz. 0.25 25.00
100.00/hr
- Discussion with Todd Turrell and Kyle Lukasz regarding County 1.50 150.00
permitting requirements. 100.00/hr
- Review memo from Todd Turrell regarding County permitting 1.50 150.00
problems. Call and discuss with Turrell, review next draft, 100.00/hr
conference with CIoe.
--'-- - Prepare 8xl I copies for CSL vadance. Refine exhibits for '74 2.50 · 162.50
CCCL location and monumentation. 65.00/hr
2/9/99- Review Corps permit. Prepare reduced construction plans for 0.50
County CCSL Vadance Petition. 80.O0/hr N.~,
AUG - 3 1999
Collier County Board of County Commissioners Page 4 or' 7 pg
HUM]STON & MOORE ENGINEERS · NAPLES FLORIDA
- CCCL variance, update on altematives for response to Barbara 1.50 150.00
and Public Works Department, discuss Corps permit conditions. 100.00/hr
- Discussion with Kyle Lukasz regarding County permitting issues. 0.50 50.00
Schedule meeting with Jim Ward. 100.00/hr
- Deliver CSL package to Turrell office and City of Naples 0.50 32.50
65.00/hr
- Print more copies of CSL figures. Re-format and pdnt aerial 2.00 130.00
photo for cut #2 & 3 disposal areas for field location. 65.00/hr
2/10~99- Prepare CCSL Variance Petition package for County. 1.00 80.00
80.00/hr
Discussion with County to determine distances from CCSL to 1.00 80.00
disposal site. Follow-up memo to furnish County with location 80.00/hr
information.
Conference with Barbara Burgeson at the County regarding 1.00 100.00
variance, fiscal impacts and meeting. Conference with Kyle 100.00/hr
Lukasz for data to provide to County. Conference regarding
Corps of Engineers.
Review and edit letter to Barbara Burgeson. 0.50 50.00
100.00/hr
Conference regarding meeting with County staff. Review file 0.50 50.00
materials, quantities. 100.00/hr
- Conference regarding meeting with Barbara Burgeson. 0.50 50.00
100.00/hr
- Meeting with PBSD and County staff. 2.50 250.00
": 100.00/hr ';
2/11/99-Discussion with Brad Hartman, FG & FWFC. 0.50 50.00
100.00/hr
Discussion with Barbara Burgeson regarding debris storage areas. 0.50 50.00
100.00/hr
2/12/99- Call to Barbara Burgeson regarding CCCL variance. Call DEP 0.50 50.00
regarding FGFWFC and disposal sites. Conference regarding 100.00/hr
schedule.
Letter to Barbara Burgeson regarding debris disposal. 1.00 100.00
100.00/hr
Discussions with Brad Hartman, FG & FWFC, and Barbara 0.50 50.00
Burgeson regarding DRI. 100.00/hr
Finalize CSL exhibits. 1.00 65.00
65.00/hr
2/15~99- Coordinate meeting with Todd Turrell prior to Commissioners 0.50 50.00
meeting. Conference with Bob Brantly at DEP. 100.00/hr
2/16/99- Conference regarding agenda for meetings with Commissioners. 0.50 50.00
100.00/hr
Discussions with Jim Ward regarding Commission meetings. 0.25 25.00.
100.00/hr
2/18/99-Attend subcommittee meeting. 2.00 200.00
100.00/h r
- Meeting with Commissioner Berry. Coordinate meeting with Todd 2.00 200.00
-- Turrell in advance. Conference with Jim Ward. 100.00/hr
2122/99-Conference with Commissioner Berry and Commissioner Norris. 1.50 150.00
Call Tom Olliffs office. Call Ed Ilschner, Turrell and Jim Ward. 100.00/hr
2/22/99- Memo to Jerry Thirion. Follow-up call, prepare 2nd memo. 3.50 350.00
Meeting with Jerry to review memo and site plan. 100.00/hr
Discussions with Turrell regarding progress of Corps and USF & 0.50 50.00
WL approvals. 100.00/hr
Revise site plans to eliminate possible additional impacts to sea 5.50 357.50 "
grass beds in cut #4. Revise cross-sections to match site plan. 65.00/hr
Prepare color site plan for cut ~.4 for Registry Resort.
2/23/99- Prepare Vehicles On Beach permit for submittal to County. 3.75 .300.00
Prepare V.O.B. submittal package. Discussion with contractor 80.00/hr
AUG - 3 1999
,
Collier County Board of County Commissioners Page 5 of ? p
HUM[STON & MOORE ENGINEERS · NAPLES FLORIDA
Attend County Commissioners meeting. Follow-up with DEP and 6.50 650.00
Todd Turrell. Letter to Barbara Burgeson. Letter to Keith Mille. 100.00/hr
Conference with Barbara for Vehicles On Beach permit. Notify
DEP of start.
2/24/99- Meeting with Kyle Lukasz and Todd Turrell regarding progress of 2.00 200.00
work, deficiencies in original permit and what has been done to 100.00/hr
correct those deficiencies.
2/25/99- Meeting with Bob Brantly to discuss gopher tortoise review 1.25 125.00
delay. Follow-up meeting. Relay procedure to office. 100.001hr
Total Additional Services Project #2, Tasks 9&10 (T/M) $5,387.50
Additional Services, Project #2, Task 11 (T/M)
Hrs/Rate Amount
1/9/99-- Prepare for tide gauge study. 0,75 60.00
80.00/hr
Initialize tide gauges, test and setup software. Place telephone 2.00 130.00
call to technical support for gauge setup information. Perform 65.00/hr
Intemet search for availability of background atmospheric pressure
data for tide study.
1/11/99- Research &purchase background pressure sensor. Prepare 2.50 ~2.50
overall location map for Kyle, re: newsletter 65.00/hr
Review memo from Jim Ward and discuss project modification with 0.75 75.00
,.__, Kyle. 100.O0/hr
1/12/99- Conference regarding tide gage calibration and tidal study. 0.75 75.00
100.O0/hr
Calibrate packages for tide monitoring study. 3.75 300.00
80.O0/hr
Reprogram tide gauges for calibration. 2.50 162.50
65.00/hr
Conduct gauge calibration. 3.00 195.00
65.00/hr
1/13/99- Download calibration data from gauges &plot calibration curves. 1.50 97.50
65.00/hr
1/18/99-Tide gauge - background pressure sensor and software. 301.65
71.13
1/20/99-Equipment check for tide gauge installation.
0.50 50.00
2/1/99- Prepare for tide study.
100.00/hr
Place call to Coastal Leasing regarding tide gauge 1.00 65.00
vertical control and vertical elevation reduction. 65.00/hr
2/2/99- Prepare for field installation of tide gauge packages. 0.25 20.00
80.00/hr
0.25 20.00
Prepare for field installation of tide gauge packages.
80.00/hr
Go to equipment suppliers to purchase tide gauge 2.50 '162.50
installation equipment. Place call to Bob Crawford for boat use 65.00/hr
arrangements to install off-shore tide gauge. Check boat and
purchase gas for trip.
2/3/99- Prepare equipment for site visit to install tide gauges. 0.50 40.00
80.00/hr
7.50 600.00
Site visit to install tide gauges. 80.00/hr
Purchase supplies for tide gauge installation. Install bay side 8.00 520.00
--- tide gauges. 65.00/hr
2/4/99- Conference on tide study, location and installation. 0.25 25.00
AUG - 3 1999
Collier County Board of County Commissioners Page 6 oF 7 ~
Pg
HUMISTON & MOORE ENGINEERS - NAPLES, ;LORIDA
2/5/99 Place call to Guy Adams (ABB) regarding vertical 2.00 130.00
control for tide gauges. Check benchmark information for off 65.00/hr
shore tide gauge.
2/17/99- Purchase equipment for offshore tide gauge installation. 1.00 65.00
65.00/hr
2/18/99 Schedule installation of shore tide gauge. 1.50 97.50
65.00/hr
2./19/99o Field visit to install ocean tide gauge. 5.50 440.00
80.00/hr
Install off shore tide gauge. 5.00 325.00
65.00/hr
2J25/99- Set benchmark locations at tide gauges for ABB. 1.50 97.50
65.00/hr
2/3/99- Tide gauge equipment. 64.77
2/17/99- Tide gauge equipment. 45.45
3/22/99- Tide gauge equipment. 10.67
2/23/99-Application fee / Collier County vehicle on the beach permit 275.00
3/22/99- Service tide gauges #1 & 2 in field. 6.00 390.00
65.00/hr
3/24/99- Conference regarding site visit and tidal data reduction. 1.00 100.00
100.00/hr
Read tide gauge data. 3.00 165.00
55.00/hr
Service background pressure sensor, Begin data reduction of tide 2,00 130.00
gauge information. 65.00/hr
3/25/99-Enter pressure table on Excel. Enter data from tide gauge. 0.50 27.50
55.00/hr
3/22/99- Site visit to service tide gauges. 4.75 380.00
80.00/hr
3/23/99- Service tide gauge #3 in field. 3.50 227.50
65.00/hr
3/23/99- Site visit to service tide gauge instruments. 2.50 200.00
80.00/hr
Total Additional Services. Proiect #2, Task 11 (T/M) $ 6,303.67
Total Additional Services, Proiects #1 and #2, throu.qh April, 1999 $16,079.55
AUG - 3 1999
Collier County Board of County Commissioners Page 7 of 7
-'- HUM~STON & MOOr~E ENGINEERS · NAPLES. FLOR'Z,,A
TURRELL &ASSOCIATES, INC.
--- MARINE & ENVIRONMENTAL CONSUL TING
3584 Exchange Avenue, Suite B, Naples, Florida 34104, Phone: (941) 643-0166, Fax: (941) 643-6632
TO: Kyle t uka,,. FAX COVER LETTER
PBSD
FROM: Todd Turre!l, P.E. ~C -
FAX: 597-4502
DATE: June 17, 1999
RE: Clam Bay: Additional Services Bill
TTT ~9845
Kyle,
Attached is a package of information for presentation to the sub-committee this afternoon clearly outlining the
additional work undertaken during this project, why it was needed, what was done and the charges incurred
~x-'-'hich total $15,127.50).
,,, our letter to you of April 21 we anticipated using monies left in the budgets of Projects 1, 2 & 3 to cover
approximately half of these additional costs. Since that date a considerable amount of time has been billed,
particularly to Project 1 in regard to sea turtle issues and re-grading efforts just south of Clam Pass. Presented
below is an outline of what money is now left over in the different project categories (as per our original
proposal)-
Project 1: (Cuts 1, 2 & 3) $2,601.25 remaining
Project 2: (Cut 4) $1,145.00 remaining TOTAL $6 141.25
Project 3: (interior channels) $2,395.00 remaining
Some additional funds are left in the categories general services and project management services however this
money will almost certainly be required for tasks over the coming year(s). On going work particularly with
regard to Projects 2 and 3 disallows emptying these categories however we are happy to have a portion of this
money used to cover our extra costs.
Our current shortfall stands at $15,127.50, which reflects the costs entailed in revising and updating the original
permit to enable the project to proceed with all required agency authorizations. We respectfully leave this request
to the cotisideration of the Clam Bay sub-committee and advisory Board.
Sincerely,
TURRELL & ASOCIATES, INC.
/
AG; I ! ]
Todd T. Tun'ell, P.E. ,o .~Y2~, ~,)
AU6 - 3 1999
We are transmitting 2 page(s), including this cover sheet.
If you do not receive all of the pages. or have difficulty. reading them. please call (941) 643-0166. pg
TURRELL &ASSOCIATES, INC.
MARINE & ENVIRONMENTAL CONSULTING
3584 Exchange Avenue, Suite B · Naples, Florida 34104 · (941) 643-0166 ° Fax (941) 643-6632
April 15, 1999
Invoice Submitted to:
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108 ,
RE: Clam Bay Restoration Project- Additional Services
TTT# 9845
Gopher Tortoise Relocation
Rate/hr Amount
11/30/98 Principal/Professional 125.00/hr
-Met with Humiston &Moore on disposal site. 2.00 $250.00
11/30/98 Marine Biologist 55.00/hr
-Gopher Tortoise field work, meetings and phone
calls. 11.00 $605.00
12/31/98 princ ipal/Profe~ional 125.00/hr
-Met with Humiston & Moore on Specifications
for dune plantings and Tortoise issues. 4.00 $500.00
-Site visit with Joe Bozzo and Maura Kraus about
beach impacts. 5.00 $625.00
-Met at County with Humiston &Moore. 2.00 $250.00
12/31/98 Marine BiOlogiSt; 55.00/hr
-Site visit with Joe Bozzo and Maura Kraus. 5.00 $275.00
-Calls to FGFWFC and Collier County regarding
Tortoises. 4.5 $247.50
1/3 i/99 Marine Biologist 55.00/hr
-Prep. relocation permit application. 8.00 $440.00
-Phone FGFWFC. 0.50 $27.50
-Phone Humiston &Moore. 0.50 $27.50
~/28/99 Principal/Professional 125.00/hr
-Tortoise and disposal area issues. 2.00 $250.00
-Additional approval for Tortoises. 2.00 $250.00
-Calls to Tallahassec in pursuit of Rclocation
Permit. 3.00 $375'.00
-Go to Tallahassee to meet FGFWFC and pick up
.... permit. 10.00 $ 1,250.00
AUG - 3 1999
,,oZ/-
2/28/99 Staff Biologist (Mari~ll¢ Nagcon de Lestan~ 55.00/hr
Site visit to count Tortoise burrows at recipient
sites. 4.00 $220.00
-Site visit with landscapers for revegetation plans. 1.00 $55.00
2/28/99 h:~RiBLl~.i.O.J.~ 55.00/hr
-Calls to Joe Bozzo 0.50
-Preparing requested packages for Barbara Burgeson. 2.00
-Field work prior to and including County staff 6.00
-Prep. map of Tortoise burrows. 1.50
-Meeting with Joe Bozzo re: new application. 1.50
-Field work to map recipient areas. 4.00
-New permit application for FGFWFC in
Tallahassee, prep. and deliver. 6.00
-Calls to Joe Bozzo and Jim Beever (FGFWFC)
re: application. 1.00
-Memos regarding latest issues. 1.50
-Calls to Humiston &Moore. 1.00
-Met with Humiston & Moore re: Vegetation
debris areas map prep. 2.00
-,: -Photocopying and prep. for Tortoise package (maps) 1.50 ,~
-Update package for Todd. 0.50
-Calls to Jim Beever, Joe Bozzo and Angela
.~ Williams (FGFWFC) 1.00
-Work on Tortoise management plan. 1.00
-Calls to Angela Willjams (FGFWFC) 0.50
-Email to Angeta Williams and call. 0.50
-Gopher Tortoise chronology, editing and package
prep. 3.00
-Met with Todd and Ian (T&A) 0.50
-Requested Joe Boz. zo call Angela Williams. 0.50
-Status updates with Humiston &Moore. 0.50
-Calls with Angela W. and Brian Milsap 1.00
-Prepare add. acreage and aerials for Todd's trip
to Tallahassee. 2.00
-Talk with Angela W. re: application and acreage
issues. 0.50 - $2,200.00
3/31/99 Staff Biologist (Marielie/ 55.00/hr
' -Scope burrows and move tortoises 22.00 $1,210.00
3/31/99 Mi~m_l~.[.O.J.~g~ 55.00/hr
-Calls to Joe Bozzo and Jim Beever re: fence. 1.00 $55.00
-Calls with Kyle, Ken, and Paul Reinhart re: specs
and requirements for fencing. 1.50 $82.50
-Relocation of Tortoises. 16.00 $880.00
-Memos and status reports. 1.00 $55.00
A TOTAL $10,130
AUG - 3 1999
,
USACE Permit Modification
Rate/Hr Amount
2/28/99 Principal/Professional 125.00/hr
-Call to Chip C!ough (USACE) re: permit rood. 1.00 $125.00
-Site visit with Chip Clough, Andy Eller and Cloe. 3.00 $375.00
-Discuss permit rood. with Cloe and Ian. 1.00 $125.00
-Meeting with Engineers re: addition in
requirements. 2.00 $250.00
2/28/99 Mgf.~ 55.00/hr
-Calls to Chip Clough, memo to file. 0.75
-Site visit with Chip Clough, Andy Eiler and Todd. 3.00
-Prep. memo and Tortoise map for USFWS, deliver
and met with them. 3.00
-Met with Todd and Ian, faxes to Chip Clough. 1.50
-Status updates with Humiston & Moore. 0.50
-Calls with Andy Eller (USFWS) and Chip Clough
re: USFWS opinion. 1.50
-Spoke with Chip Clough re: issuance ofmod. for
Cuts l&4. 0.50
-~: -Spoke with Kalani Cairns at USFWS .~
re: coordination with USACE. 0.50
-Picked up permit mod.s (Cuts l&4) in Fort Myers 6.00 $948.75
03/31/99 Marine Biologist 55.00/hr
-Fax to Andy Eller USFWS. 1.00 $55.00
-Calls to Andy Eller. 2.50 $137.50
-Fax Kalani Karns USFWS 1.00 $55.00
-Emails to Chip C!ough USACE, and talks. 2.50 $137.50
-Prep Indigo Snake education plan for excavators. 6.50 $357.50
-Make copies and deliver to USFWS for approval. 2.50 $137.50
TOTAL $2,703.75
CCSL Variance
Ftate/Hr Amount
2/28/99 Marine Biologist 55.00/hr
-Met with Barbara Burgeson. 1.50
-Editing memo to Jim Ward re: CCSL Variance. 1.00
-Memo to file re: Variance issues. 1.00
-Meeting at County with Barbara Burgeson, Jim
Ward... 1.50
-Update package for Todd. 0.50
-Calls to Barbara Burgeson, landscapers and
contractors re: revegetation plan. 1.00
-Calls and trip to County to pick up Vegetation
Clearing Permit app. 1.00
-Compiling Vegetation Removal Permit. 2.50
-Meeting with Todd & Ian. 0.50
for Humiston &Moore. 1.00
At j6 - 3 B99
'
-Calls and meeting with landscapers re: revegetation
"" plan. 0.75
-Calls and fax to Barbara Burgeson re: vegetation
clearing permit 1.00
-Status update for Humiston &Moore. 0.50
-Prepared "Keep Out" signs requested by Barbara
Burgeson 1.00
-Site visit with Ian to flag debris areas. 2.00
-Site visit with Barbara to inspect debris area. 2.00
-Fax sign to Kyle. 0.50 $1,058.75
2/28/99 P_~ 95.00/hr
-Site visit and flag debris area. 4.00 $380.00
-Site visit with Barbara Burgeson for debris sites. 2.00 $190.00
-Meeting at County with Barbara Burgeson, Jim
Ward... 1.50 $142.50
03/31/99 Marine Biologist 55.00/hr
-Gopher relocation and management plan. 1.00 $55.00
-Revegetation plan. 1.00 $55.00
-Prep and deliver relocation and revegetation plans to
Barbara Burgeson. 1.00 $55.00
-Prep and deliver vegetation removal permit to
~A Barbara Burgeson. 2.50 $137.50
-Prep requested changes to revegetation plan and
coordinate with !andscapers. 2.00 $110.00
-Calls to Barbara, Ken, and Kyle re: vegetation
removal permit, gopher tortoise fence and silt
screen requirements. ;~00 ~; 110.00
TOTAL $2,293.75
TOTAL AMOUNT DUE $15,127.50
AUG "' 3 B99
SUMMARY: LIST OF ADDITIONAL APPROVALS AND PERMITS OBTAINED
PRIOR TO THE START OF WORK.
1 ) Mangrove Trimming permit modification (DEP).
2) Beach Disposal Area permit modification (DEP).
3) Beach Disposal Areas 1 & 4 USACE permit modification.
4) Beach Disposal Areas 2 & 3 USACE permit modification.
5) Letter of opinion from the FWS regarding the USACE modification for areas 2 & 3.
6) Gopher Tortoise Relocation permit for up to 5 tortoises, (FGFWFC).
7) Gopher Tortoise Relocation permit for up to 15 tortoises, (FGFWFC).
8) Collier County Coastal Construction Setback Variance. ..
9) Vegetation Removal permit (Collier County).
10) Vehicle on the beach permit (Collier County).
AUG - 3 1999
CLAM BAY RESTORATION ~-
TURRELL & ASSOCIATESt INC,
ADDITIONAL WORK COMPLETED
The following outlines the additional work required and approvals obtained by the firm
of Turrell & Associates, Inc., project managers for the Clam Bay Restoration project now
underway. It is an attempt to clearly explain the dilemmas faced and iljustrate why and
how they were solved and in no way represents criticism of any parties involved with the
project, both in it's inception and realization.
MANGROVE TRIMMING
Background and Agency Concerns
Permit specifications allowed for trimming of mangroves in order to let the dredge
machinery be positioned in the required work locations. However, it was not possible to
trim the necessary trees within the parameters outlined by the permit. As such only a
fraction of the overhanging limbs could be removed, the rest of the work would constitute
a permit violation.
Solution
A permit modification was obtained following field survey and tagging of the specific
trees, to determine precisely which trees needed to be trimmed. Site inspections were
carried out with agency staff and the new conditions allowed for greater mangrove
pruning leeway by the contractors to reduce delays and agency visits.
BEACH DISPOSAL SITES
Background and Agency Concerns
The U.S Army Corps of Engineers (COE) permits specified that no native vegetation was
to be disturbed by the placement of fill relating to the beach disposal areas. The
permitting agencies were under the impression that areas impacted by exotic vegetation
were to be utilized however on field survey it became immediately apparent that no such
areas existed. The sites contained protected and stabilizing native dune vegetation and
were habitat for listed species such as the Gopher Tortoise.
Solution
Department of Environmental Protection (DEP) and U.S Army Corps of Engineers
(COE) permits required modification to enable work in these areas. In addition the COE
are required to coordinate with the U.S. Fish and Wildlife Service (FWS) because of the
potential presence of Eastem Indigo Snakes, a federally listed species, thus sign-off from
AUG ' 3 1999
from the Florida Game and Freshwater Fish Commission (FGFWFC) and vegetation
removal and vehicle on the beach permits from Collier County.
CCSL Variance: Background
The originally permitted disposal sites did not entail work past the Collier County Coastal
Construction Setback line, and a letter of coordination for those sites had been obtained
from the County. No such approval for the new sites had been negotiated, and the
situation was further complicated as the work required a special variance to allow
construction in this area, deeded to the County in a conservation easement. The normal
CCSL variance procedures had not been executed for the new design although County
staff were aware of the changes.
Solution
1 ) Much discussion and analysis was entered into to endeavor to f'md altematives to
the beach disposal sites and thus avoid the potential expense and complicated
approval process, plus the environmental impact that would be entailed.
Negotiations with WCI Communities enabled the relocation of_Disposal Area 1 to
an empty lot with Pelican Bay.
2) The required DEP permit modification was obtained.
3) A site visit was carried out by the COE and FWS and the required modification
was obtained, including coordination with FWS regarding the Eastem indigo
snake. Preparation of an Indigo snake protection and education plan was required
as an additional permit condition.
4) A Gopher Tortoise relocation permit was obtained from the FGFWFC.
5) Site visits were carried out with County staff who then required an additional
Gopher Tortoise relocation permit, in the event that more than five tortoises
needed to be relocated. The additional permit was obtained from the FGFWFC in
Talahassee. This work entailed further fieldwork to map dune areas that would
receive relocated animals. Todd flew to Tallahassee to personally collect the
permit.
6) Conditions of the CCSL variance required the preparation of a Gopher Tortoise
Relocation and Management Plan including the additional specification of Gopher
Tortoise fencing.
7) A vegetation removal permit was applied for and obtained from Collier County.
Requirements included a. replanting inventory prepared in association with a
landscaper, and specifications for silt fencing to protect adjacent wetlands. Field
_: _yisits were carried out as per County staff requests to identify and flag areas
suitable to accept the vegetative debris.
AUG = 3 1999
I:>cJ
8) Staff met with County Commissioners to facilitate Commission approval of the
variance within a timeframe that would not threaten the realization of the project.
9) Required 'vehicle on the beach' permit obtained from Collier County.
DISPOSAL FOR CUT 4
Background and Concerns
Collier County Parks and Recreation department and The Registry Hotel expressed
concern that using the volleyball area south of Clam Pass to accept non-beach quality
material would, by way of the odor and construction activity, materially affect the tourist
industry.
Solution
Research into the potential for an odor problem and how it could be treated was carried
out and the information passed to concemed parties. A request for a permit modi~cdiion
was denied by the DEP and this area will be utilized as planned. Subsequent meetings on
site with The Registry Hotel, allayed some of their concems.
AUG - 3 1999
/-
CLAM BAY RESTORATION: TURRELL & ASSOCIATEST INC.
CHRONOLOGY OF ADDITIONAL EFFORTS
The work outlined below iljustrates the level of effort as of April 20, 1999, related to the beach disposal
issues and the additional requirements and tasks entailed so that the Clam Bay restoration project could
commence with appropriate and legal permits.
November 1998: Humiston and Moore (H & M) locate disposal site locations and indicate that they do not
appear as specified on the permit, i.e upland sites impacted heavily by exotic vegetation, but have a lot of
native vegetation and some Gopher Tortoise burrows. Turfell & Associates, Inc. (T & A) visit each disposal
site as indicated in permit drawings, prepare a brief vegetative inventory and determine that a number of
burrows are indeed found at each potential disposal location. Both ftrms enter into discussion and
negotiation to ascertain whether any alternative sites are possible. Permission is obtained from WCI to
utilize a parking lot to contain spoil from Cut 1.
H & M flagged the start and end points of the two beach disposal areas which are then surveyed in full by T
& A on November 30 and December 1, 1998. Tortoise burrows are numbered, flagged, located on an aerial
photograph and a vegetation inventory is compiled. The status of each burrow was determined, using Florida
Game and Freshwater Fish Commission (FGFWFC) wildlife methodology guidelines and each burrow is
coped with a video camera (the Gopher Cam). The equipment consists of a long fiber optic cable with a
terminal eye which gives a picture of the burrow as it is inserted, to determine whether it is in active use by a
tortoise. .;
Barbara Burgeson is contacted by telephone who directs T & A to Maura Kraus as holder of a County permit
who can issue permission to relocate a small number of tortoises. Maura explained that Joe Bozzo of
FGFWFC is the permit holder but the County needs to be involved as it is County property and both are
invited to a site visit December 4.
December 4: Todd and Cloe of T & A visit the sites with Joe Bozzo, Maura Kraus and Mac Hatcher of
Collier County. Mr Bozzo agrees to issue a relocation permit to move up to 5 tortoises, he will need 2 or 3
weeks prior notice. Ms. Kraus advises that a vehicle on the beach permit needs to be obtained from the
County. Ms. Kraus requests a species inventory of the dune areas.
December 14: Submitted requested plant inventory to Maura Kraus.
January 12: Work on re-planting palette for restoration of dune disposal areas.
January 19: Joe Bozzo is contacted regarding permit issuance.
January 26: Permit application submitted to Joe Bozzo
February 3: Relocation permit is issued by FGFWFC to be valid as of February 10
February 5: Meeting with Barbara Burgeson re: CCSL variance.
February 9: Site visit with Barbara Burgeson.
February 10: pre~construction meeting with agencies including Mac Hatcher of Collier County and Andy
Eller of the FWS
February 11: Meeting at County. Ms Burgeson indicated that she disagreed with some of the status
determinations and that Jim Beever of FGFWFC needed to be contacted as it was his jurisdiction. Also
e
, AUG "' 3 1999
should apply for a permit to relocate more than 5 tortoises. He was not sure if Jim Beever needed to be
involved because of the Pelican Bay DRI but assured us that a relocation permit was obtainable from Angela
Williams of the FGFWFC in Tallahassee within a timeframe of 2-3 weeks. The Corps of Engineers (COE)
required permit modifications were discussed and Chip Clough at the Fort Myers Regulatory Office
contacted.
February 12: Additional field work (surveying recipient sites) was completed and application package
delivered to Joe Bozzo. Barbara Burgeson advised that a vegetation removal permit will also be required.
February 16: Met landscape crew at beach to discuss restoration of the disposal sites.
February 17: Fed-X Jim Beever copy of survey map and County Conservation easement
February 18: Fed-X Jim Beevet requested copies of DEP and COE permits. He indicated that because the
work in Clam Bay had been permitted by DEP and COE (including use if the disposal areas) there was a
clause in the conservation easement that therefore allowed a permit to be issued. On the basis of the survey
data and maps submitted to him he would issue a permit for the relocation of 5 tortoises, reiterating Joe
Bozzo's determination. Application had already been sent to Angela Willjams.
February 19: Called Angela Williams, left message.
February 22: Taiked with Jim Beever who advised that Angela Willjams was the correct recipie~tl, of the
package, as he issues Gopher Tortoise Incidental Take permits, not required for this project.
February 23: Angela Williams said earliest issuance date was March 12. Todd and Cloe left messages to let
her know the urgency of the situation. Todd will be in Tallahassee on Friday and a meeting with her was
requested to pick up a permit.
February 23: Talked with Paul Reinhardt of Energy Resources to determine status of work in Cut 1 as it
would relate to permit timing. Crews are still moving the dredge into position which is anticipated to take
another week. Dredging of Cut 1 will then take approximately 1 week giving an earliest start date for work
in Cut 2 of March 8. Vegetation removal permit submitted to County.
February 24: Talked with Joe Bozzo who agreed to contact Angela Williams to see if there is any way to
speed up the process. He explained that they have requests like this all the time and that the Count'
Commission have come up against the FGFWFC previously and it is thus unimportant that they are all
behind the project. Called Angela Willjams, left messages, sent e-mails. Prepared specification for silt fence
around disposal basins to protect adjacent wetlands, as per Collier Cotrely vegetation removal permit.
February 25: Called Joe Bozzo who had also left a message with Angela Williams and agreed to try again
today. Both Todd and Cloe again left messages on her voicemail. Inn and Cloe flagged vegetation debris
sites at the beach and carry out a site inspection with Barbara Burgeson. Conversations with' Angela
Williams and Brian Milsap at FGFWFC reveal that despite pleas as to the urgency and uniqueness of the
project they operate in strict order and we will receive our permit by March 12. An additional package is
prepared iljustrating the acreage available to relocated tortoises.
February 26: Todd picks up the Gopher Relocation permit during a special trip to Tallahassee. USACE
modification for disposal areas 1 & 4 collected from Fort Myers (after a six hour wait in Mr. Clough's
office). FWS contacted with regard to the coordination required to obtain the modification for areas 2 & 3.
March 1: Gopher Tortoise relocation and management plan prepared and delivered per CCSL variance
requirements. Specification for gopher fencing prepared. FWS (Andy Eller)is faxed.
AU6 - 3 1999
2 pg~__.~__.
March 2: FWS (Andy Eller) is called, states that his recommendation is complete and will be sent to
headquarters in Vero. FWS (Kalani Cairns in Vero) is faxed.
March 3: Kalani Cairns inform us that they will not object to the proposed modification and will send a letter
to the USACE.
March 4: Send e-mails to Chip Clough at the USACE reminding him of the urgency in obtaining the
modification.
March 5: Called Chip Clough and FWS, to receive a copy of their recommendations.
March 8: Received USACE modification for Disposal Areas 2 & 3, including FWS Indigo Snake protection
measures. Prepare Indigo snake education/protection plan as per special measures.
March 9: Hand deliver education/protection plan to FWS to have it approved and thus waive the usual 30
day approval period required. Plan is approve& Complete all additional specifications required in
association with CCSL variance and vegetation removal permit. Make additions to re-planting plan as
requested by County staff.
March 10: Collect vegetation removal permit. Flag beach disposal areas in preparation for work.
March 15: Research and design specifications for gopher tortoise fencing and silt fence required by Barbara
Burgeson as special conditions of the vegetation removal permit.
March 16, 17 & 18: Gopher tortoise relocation. Supervising clearing of disposal basins by excavating crew.
Delivered Indigo snake education plan as required by FWS.
April 8: Complied and submitted tortoise relocation report form to FGFWFC.
April 14: Site visit including upland disposal basins with DEP staff (Keith Mille) and County staff (Maura
Kraus).
Future efforts required by this office will include supervision of the replanting and restoration of the beach
disposal areas following completion of construction and turtle nesting season.
AU6 ' 3 1999
3 Pg
HUMISTON
& MOORE
ENGINEERS
COASTAL 10661 AJRPORY ROAD N., SUITE 14
NAPLES, FLORIDA 34109
ENGINEERING DESIGN FAX: 941 594 2025
AND PERMITTING PHONE: 941 ,q94 2021
June 21,1999
Mr. Kyle Lukasz
Pelican Bay Services Division
801 Laurel Oak Drive, Suite 605
Naples, FL 34108
SENT VIA FAX 597-5400, 1 page
Original mailed
In Reference To: Clam Bay Restoration Project, Request #2 for Change Order
Collier County P.O. 805229, HM File No. 8042
As you know, in response to a warning of possible permit violation, we-.collected sand samples
and had them analyzed for silt content to determine if there was any non-beach compatible
material on the beach. Since it appears as if the warning resulted from reports received by Keith
Mille's office that non-beach compatible material was placed on the beach, we thought that
analysis of the composition of the material on the beach would resolve the question. Laboratory
analysis of these samples as well as earlier samples have confirmed that the material placed on
the beach is beach compatible. Nonetheless, DEP is asking for additional information.
To our knowledge, no permit violation occurred. The warning letter states that DEP "continues to
receive conflicting subjective information on the apparent violations". Although we have provided
factual information that supports our position that there was no violation, DEP is asking for
additional information which we are in the process of providing.
This issue came up subsequent to our providing you with our request for a change order, dated
June 1, 1999. At this time there is some uncertainty as to what may be required in order to satisfy
DEP concerns, therefore, we request that the amount of our change order be increased by
$10,000, from $15,000 to $25,000, in order to be sure the budget is sufficient to respond to DEP
requirements. All services under this change order will be billed on a time and materials basis in
accordance with the fee schedule attached to our original proposal.
Sincerely yours,
HUMISTON & MOORE ENGINEERS
Kenneth K. Humiston, P.E.
AGE
Copy to: T-odd Turfell
AU0 - 3 tggg
Collier County Board of County Commissioners Page I of' 1
EXECUTIVE SUMMARY
DPROVE A CONFIRMATION AND ACKNOWLEDGMENT OF EASEMENTS.
OBJECTIVE: To approve a Confirmation and Acknowledgment of Easements between Collier County and EdMark VII,
L.L.C., a Florida limited liability company CEdMark") and joined in by TRG Naples, Ltd., a Florida limited partnership
("TRG") and The Prudential Insurance Company of America, a New Jersey corporation ("Prudential")
CONSIDERATIONS: The Board of County Commissioners approved a Developer Contribution Agreement with TRG,
then owner of LaCosta Apartments located at the corner of Pine Ridge Road and future Livingston Road, on September 1,
1998, Item 16(a)(17). The Developer was required to donate (in exchange for road impact fee credits) a twenty-five (25')
foot strip of land along the northern boundary of their property and a two hundred seventy-five (2753 foot strip of land
along the eastern boundary of their property. These lands were conveyed to Collier County by Special Warranty Deed
dated October 23, 1998 and recorded on December 4, 1998 in the Public Records of Collier County, Florida.
The Special Warranty Deed from TRG "reserved unto itself, its successors and assigns and the present and future owners
of the property, a permanent landscape easement, permanent signage easements and a permanent access, ingress and
egress easement", which were intended to benefit their property.
The current owner of the property, Prudential, is in the process of selling the LaCosta apartments to EdMark. The title
insurance underwriter for the purchaser has expressed concern that the language reserving the easements is insufficient
to vest their clients with an interest in the easements and are requesting Collier County and TRG execute a Confirmation
and Acknowledgment of Easements to satisfy these concerns.
----The Transportation Services Department and the County Attorney's Office have reviewed this matter and advised staff that
~ere are no potential conflicts in having the Board of County Commissioners approve the attached Confirmation and
Acknowledgment of Easements.
FISCAL IMPACT: Any and all costs and expenses shall be paid by TRG.
GROVVTH MANAGEMENT IMPACT; None.
RECOMMENDATION~;; That the Board of County Commissioners approve the attached Confirmation and
Acknowledgment of 'Easements; authorize the Chairwoman to execute the Confirmation and Acknowledgment of
Easements; and authorize recordation of the Confirmation nd Acknowledgment of Easements and other documents
Date.q
REVIEWED BY: Date: '7 '
Edwa K t E Tr~
ctor., ..,'i''
APPROVED B _ _ ~_/"/'_-Z,,,~-----~
Ed Ilschner, Adm~ii~trator, Public Works Division
AUG 0 3 1999
PG. I
UPON RECORDLNG RETURN TO:
Alston & Bird LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Attention: Christina K. Braisted
STATE OF FLORIDA
COUNTY OF COLLIER
CONFIRMATION AND ACKNOWLEDGEMENT OF EASEMENTS
THIS CONFIRMATION AND ACKNOWLEDGMENT OF EASEMENTS, is
made as of July __, 1999, by and between COLLIER COUNTY, a political subdivision
of the State of Florida (heroin called "Collier County"), and EDMARK VII, L.L.C., a
Florida limited liability company (herein called "EdMark"), and joined in by TRG
NAPLES, LTD., a Florida limited partnership CTRG") and THE PRUDENTIAL
INSURANCE COMPANY OF AMERICA, a New Jersey corporation ("Prudential").
WITNESSETH:
WHEREAS, pursuant to that certain Special Warranty Deed dated October 23,
1998 recorded in OR 2487, page 1483 (the "Deed"), a copy of which is attached hereto as
Exhibit A and by this reference made a part hereof, TRG conveyed to Collier County
certain real property located in Collier County, Florida as therein described; and
WHEREAS, pursuant to the Deed, there was reserved from the conveyance the
following easements and rights (the "LaCosta Easements"), for the benefit of property (the
"LaCosta Property") described on Exhibit C as attached to the Deed:
"Grantor hereby reserves unto itself, its successors and assigns and the
present and future owners of the property described in Exhibit "C" attached
hereto and made a part hereof, a permanent landscape easement over the '
properties described in Exhibits "A" and "B" for the purpose of installing
and maintaining noise and visual landscape buffers between the property
described in Exhibit "C" and Collier County Road right of ways.
Grantor hereby further reserves unto itself, its successors and assigns and
the present and future owners of the property described in Exhibit "C", a
permanent signage easement over the property described in Exhibit "D" for
the purpose of installing and maintaining signs advertising the use and
activities on the property described in Exhibit "C", for the benefit of the
property described in Exhibit "C".
Grantor hereby further reserves unto itself, its successors and assigns and
the present and future owners. of the property described in Exhibit "C", a
permanent access, ingress and egress easement and also a permanent
signage easement, both of which shall be eighty (80) feet in width over the
property described in Exhibit "B" at a location to be subsequently mutually
agreed upon in accordance with Grantee's Access Management Guidelines.
The easements shall be for the use and benefit of the property described in
Exhibit "C". The signage easement shall be for the purpose of installing
and maintaining signs within the easement, advertising the uses and
activities on the property described in Exhibit "C", for the benefit of the
property described in Exhibit "C"."
All references above to "Grantor" mean "TRG"; all references above to "Grantee" mean
"Collier County"; and all references to Exhibits above refer to the Exhibits to the attached
Deed.
WHEREAS, the Deed was executed by TRG pursuant to that certain Grant of
Easement by and between TRG and Prudential recorded in OR 2467, Page 2770, pursuant
to which TRG granted to Prudential certain easements for the benefit of the LaCosta
Property; and
WHEREAS, Collier County desires to confirm, acknowledge and agree that the
LaCosta Easements are in full force and effect for the benefit of the LaCosta Property; and
WHEREAS, TRG and Prudential desire to assign to EdMark all right, title and
interest held by TRG and Prudential in and to the LaCosta Easements, and to consent to
the confirmation and acknowledgement by Collier County;
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars
($10. 00) and other good and valuable consideration in hand paid upon the execution of
this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties
do hereby agree as follows:
1. Recitals. The parties each hereby approve the recitations set forth in the
preamble of this Agreement and agree that said recitations are true and correct in all
respects.
2. Confirmation and Acknowledgemerit. Collier County hereby confirms,
acknowledges and agrees that the LaCosta Easements are in full force and effect for the
benefit of the LaCosta Property, and hereby agrees that the land conveyed by the Deed
shall be subject to the LaCosta Easements. As confirmed and acknowledged hereby, the
LaCosta Easements shall remain in full force and effect and all obligations, covenants,
2
ATL01/10516754v3 ' ' Confn-mation of E men~ts0. ~ 7
co - oT hUG 0 3 1999
Section 33
conditions, agreements and other terms and provisions thereof, as confirmed and
acknowledged hereby, are hereby ratified, confirmed, reaffirmed and republished, and are
hereby incorporated by reference.
3. Counterparts. TRG and Prudential hereby assign to EdMark all fight,
title and interest held by TRG and Prudential in and to the LaCosta Easements, and hereby
consent to the confirmation and acknowledgement by Collier County
4. Successors and Assigns. This Agreement shall be binding upon each party
hereto and such party's successors and assigns and shall inure to the benefit of each party
hereto and such party's successors and permitted assigns.
5. Counterparts. This Agreement may be executed in any number of
counterparts all of which taken together shall constitute one and the same instrument and
any of the parties or signatories hereto may execute this Agreement by signing any such
counterpart.
6. SeverabilitW. If all or any portion of any provision of this Agreement shall
be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality
or unenforceability shall not effect any other provision hereof or thereof, and such
,,-- provision shall be limited and construed in such jurisdiction as if such invalid, illegal or
unenforceable provision or portion thereof were not contained herein or therein.
t "A"' NOA I £
ATL01/10516754v3
,_.,, AUG O 3 1999
Se~ion 33
[N' WITNESS WHEREOF, the Grantor has caused these presents to be executed
in manner and form sufficient to bind it as of the day and year first above written.
BOARD OF COUNTY
COMMISSIONERS, COLLIER
COUNTY, FLORIDA
Tax Parcel [D No.: By:
PAMELA S. MACKrE., Chairwoman
Attest:
DWIGHT E. BROCK, Clerk
Signed, sealed and delivered in the
presence of: THE PRUDENTIAL INSURANCE
...---~
/,,q-5,z~-.~.//)"'~/..-~f ,---. COMPANY OF AMERICA, a New
. _ F, ' .._ _ ,~/_' ~ 2-:-;,-,: . Jersey corpor'
Witness ../j,,,_ '/ .
Prin(ed Name: ',- J'~c 7.'..,.7 ,,,
Address:
c/o Prudential Real Estate Investors,
Arbor Circle South, 8 Campus Drive
Tax Parcel ID No.: Parsippany, New lersey 07054
ATL01/10516754v3 - 5 - t NO..
Section 33
Confu'mation of Eas ents
,AUG O 3 1999
COL-~TY OF ~ C C (S
The foregoing instrument was acknowledged before me this 13'raay of
5,~ { , 1999, by ~ge_ h~( ~
PRL~E~I~ ~S~CE a c~ ~ g cG the ~' ~ of T~
CO~~ OF ~MCA, a New Jersey coloration, on
behalf of the Said officer or pannet is personally ~own to me or
has produced as identification.
Cogission ~mber: KEE~Y A. ARRIGO
My Commission Expires: noTg~ PU8LIC OF NEW JERS~
~emm~ss~on Expires 7128~2~2
~OT~Y SEg)
ATL01/10516754v3 o n
osta. ,
~G.
Signed, sealed and delivered in the
prese,,Xt~of: ~ ~ TRG NAPLES, LTD., a Florida limited
partnership
Witi'iess~
,/ By: TZ!6, rNda
Pdnted Name:· E~ ~ rp '
i~}/~ Y: .,
Wit -- Name: ~10 S. ~OC~A
Pd . ~ Title: EXECUTIVE V~CE PP~SIDENT
Address:
Tax Parcel ID No.:
C nfu'mation of Eas ents ' ' ' '
ATL01/10516754v3
~oL~,~-~;~, ~,AUG 0 3 199g
Section 33
PG. t~'
STATE OF
COL..~TY OF
The foregoing instrument was acknowledged before me this Z- I day of
\]'x]N~ , 1999, by ~?,D~xc~,~ S.E'c~c~A, the E"~,er- Xf.?. of TRGNAPLES,
INC, a Florida corporation, as the general partner of TRG NAPLES, LTD., a Florida
limited partnership, on behalf of the ~P--Tt~e~aga~,F, Said officer or partner is
personally kno_.w.n to me or has produced as
identification.
-lqota~ Public ' 'L" "'~
Commission Number: ("'.C_L
My Commission Expires: .5/5/63,53
(NOTARY SEAL)
ATLO1/10516754v3 Confirmation orEas ¢n 1999
Section 33 La Costa Apartments; W T U 6
Sent ez: VC;-":SC,'i & CS?,,sOv; 9.:'6.:gB~.'-C; ,~.,q-g-gg 6:57:'/; 2ace '7 ;7
i .zazsz 2403433 OR:: 2U7 PG: 1483
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Onxxx hereby xrrv,es use itself. ils mccesson md milm mt'ttz pr~.l axx!:fumre
owncn of tbe ptop=rty descrroN mExhibit 'C" atlached~e-d made apart hereof. s
permarten tandscape cs. Rsnene over the propett~ desmtat in .E.~'bits "A,-and,B" for the.
l:xnlxm: of bualliq ,zd mainnining noise and visual hintscape I~l?crs beween the ~
~ in ExhJtt "C" mad Collier Coumy road rigl~-of-ways.
~ o,,,,x., oru~propww ,xdb~ in F..xhibi~ "C"., pcrmnm,ccm, inm--~'~ cSrm 1999
euenymt a,-gl aJso · pumaneat signage easemcm. both otr which slstil be e'igtity' (80)fee',. in PG. / 0
width o~cr me p~ described in Exhibit 'B" is a location to Ix subs~ly mumaJ]y_ -'
8e~*.- Ey: '.'O~='SG',, & CC";r-"Cv' a4'~649B'42; dun-a-g9 6:SB-~P~· Daae '8 27
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OR: 2487 PG: ~484
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~ ~ l~ of ~e p~el hQre~ described.
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' :'~2 ' -.,,
EXECUTIVE SUMMARY
APPROVE AN AGREEMENT FOR SALE AND PURCHASE OF A PARCEL TO PROVIDE FOR
POTENTIAL ACCESS TO FUTURE IMPROVEMENTS TO THE CANAL ALONG THE WEST
SIDE OF FOREST LAKES HOMES SUBDIVISION.
QBJECcTL~E: Staff is requesting approval and execution of the attached Agreement for Sale
and Purchase with Ms. Rose Somogyi for a .15 +/- acre parcel needed to provide for possible
access to future stormwater flow improvements to the canal along the west side of Forest
Lakes Homes Subdivision.
CONSIDERATION: The Stormwater Management Department has determined that long range
plans may require improvements to the canal along the west side of Forest Lakes Homes
Subdivision. The purchase of the property on the west end of the Kelp Lane cul-de-sac would
provide for potential construction access to the canal. Access of this type could significantly
reduce the construction costs in this canal reach. The subject property is described as Lot 62,
Block A, Forest Lakes Homes Subdivision. A map is attached for reference.
The Real Property Management Department has obtained an Agreement for Sale and
Purchase from the owner of the subject property, Ms. Rose Somogyi. The Agreement for Sale
and Purchase reflects a purchase price of $50,508.40. The County's Review Appraiser has
· "" determined that the Purchase price is reasonable based upon recent general increases in
residential properties in Collier County. An independent appraisal is not required pursuant to
Florida Statute 125.355(b).
Pursuant to the Agreement, the County has ninety (90) days from the execution of the
Agreement to obtain a report from the County's Pollution Control Department advising of any
environmental concerns in order to determine whether the site can be utilized for its intended
purpose. If for any reason whatsoever, the County is not satisfied with the results of any
environmental report, the County may terminate the Agreement given proper notice. If the
County has not terminated the Agreement pursuant to any other provision in the Agreement
and decides, prior to closing, to terminate the Agreement, it may do so; however, the County
shall incur a one time cost of Five Hundred Five and 08/100 Dollars ($505.08).
In addition, the lot could be disposed of when construction of the Gordon River Ext,
Improvements are completed.
FISCAL IMPACT: The following are the costs associated with the purchase of the subject site:
1. Purchase Price: $50,508.40
2. Environmental Task I Audit: $1,100. - $1,500.
3. Title Commitment/Policy and miscellaneous costs (recording, etc.): $500.
The above funds area available in the Water Management CIP Fund 325 and have been
budgeted for FY 99 in the Gordon River Extension Project (31005).
AG£NDA ZT, rcI~,
N0. i~ rB)'.
AUG 0 3 1999
GROWTH MANAGEMENT IMPACT: The Gordon River Extension Basin Improvement Project
is being implemented in accordance with commitments made in the County's Growth
Management Plan.
RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve
the attached Agreement for Sale and Purchase; 2. Authorize its Chairwoman to execute the
Agreement; 3. Waive the requirement for an appraisal pursuant to Florida Statute 125.355(b);
and 4. Direct staff to proceed to acquire the subject site and follow all appropriate closing
procedures including obtaining the acceptance of the proper conveyance document and
approval to record any and all necessary documents (once approved by the County Attorney's
Office) to obtain clear title to the property and all other criteria proves satisfactory.
Toni~.~ott, Se~io'r Specialist, Real'~Foperty Management Department
Date:7 'Z/- q
REVIEWED BY.joh P Management Department Director
ater
APPROVED B 'Y'Edl/~lchner~ds,rntn~D Date: :?"',,,v2/..--- ~?,
ivision
AUG 0 3 1999
PGo
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between ROSE SOMOGYI (hereinafter
referred to as "Seller"), and Collier County, a political subdivision of the State of Florida,
(hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereina~er referred to
as "Property"), located in Collier County, State of Florida, and being more particularly
described as follows, to wit;
Lot #62, Block A, Forest Lakes Homes, according to the plat thereof, as
recorded in Plat Book 12, at Pages 41 thru 46, inclusive, of the Public
Records of Collier County, Florida.
Subject to easements, restrictions, and reservations of record.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and
other agreements hereinafter set forth, and Seller is agreeable to such sale and to such
conditions and agr?ements. '.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereina~er set forth and the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereina~er set forth, Seller shall sell to Purchaser and Purchaser shall purchase from
Seller the Property, described above.
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (THE "PURCHASE PRICE") for the Property shall be FIFTY
THOUSAND FIVE HUNDRED EIGHT AND 40/100 ($50,508.40) DOLLARS, (U.S.
Currency) payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of
the transaction shall be held on or before sixty (60) days following execution of this
Agreement by the Purchaser but not later than May 1, 1999, unless extended by mutual
written agreement of the parties hereto. The Closing shall be held at the Collier County
Attorney's Office, Administration 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 sta~n_clards adopted by the Florida Bar and in accordance with law.
At the Closing, the Seller shall cause to be delivered to the Purchaser the items
specified herein and the following documents and instruments duly executed and
acknowledged, in recordable form:
AUG 0 3 1999
...... 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property,
free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
3.0112 Mechanics Lien and Possession Affidavit.
3.0113 Combined Purchaser-Seller closing statement.
3.0114 A "non-foreign person affidavit" as required by Section 1445 of the
Internal Revenue Code.
3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as
required by the Internal Revenue Service.
3.0116 Such instruments as may be required by the title insurance
underwriter in order to insure the "gap" and issue the policy contemplated by
the title insurance commitment.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the
following:
3.0t121 A negotiable instrur~ent (County Warrant) in an amount equal to the
purchase price. No funds shall be disbursed to Seller until the Title Company
verities 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. The cost of the Owner's Form B Title Policy, issued pursuant to the
Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost
of the title commitment shall be paid by Purchaser.
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 Arti_cJ.e, 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;
AUG 0 3 1999
4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to
Purchaser as evidence of title an ALTA Commitment for an Owner's Title
Insurance Policy (ALTA Form B~1970)c~ng the Property, issued by a national
title insurance company, together with hard copies of all exceptions shown
thereon. Purchaser shall have fifteen (15) days, following receipt of the title
insurance commitment, to notify Seller in writing of any objection to title other than
liens evidencing monetary obligations, if any, which obligations shall be paid at
closing. Permitted exceptions shall include, but are not limited to, the following:
(1) applicable zoning regulations and ordinances of the county having
jurisdiction over the use of the Property; and
(2) real property taxes and assessments for 1999, which are not yet due
and payable.
(3) existing mortgages which shall be satisfied at or prior to Closing.
4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in
Seller's title in the manner herein required by this Agreement, the title shall be
deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall
have thirty (30) days to remedy any defects in order to convey good and marketable
title, except for liens or monetary obligations which will be satisfied at Closing.
Seller, at its sole expense, shall use its best efforts to make such title good and
marketable. In the event Seller is unable to cure said objections within said time
period, Purchaser, by providing written notice to Seller within two (2) days after
expiration of said thirty (30) day period, may accept title as it then is, waiving any
objection; or Purchaser may termina~ 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 purchase the Property in accordance with
this Agreement.
4.013 Purchaser shall have the option, at its own expense, to obtain a current
survey of the Property prepared by a surveyor licensed by the State of Florida. No
adjustments to the Purchase Price shall be made based upon any change to the
total acreage as referenced in the aforementioned legal description, if any. Seller
agrees to furnish any existing surveys of the Property, if any, to Purchaser within
thirty (30) days of execution of this Agreement.
V. INSPECTION PERIOD
5,01 Purchaser shall have cme-hundrcd twenty (1-20) days from the date of this
Agreement, ("Inspection Period"), to determine through appropriate investigation that:
1.Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2.There are no abnormal drainage or environmental requirements 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 contamination.
.::
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any
investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection
Period, written notice of its intention to waive the applicable contingencies or to
terminate this Agreement. If Purchaser fails to notify 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 its investigations and the contingencies of this
Article VI shall be deemed waived. In the event Purchaser elects to terminate this
Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of
all engineering reports and environmental and soil testing results commissioned by -- . '.' AC~e~A ~'r ......
.. Purchaser with respec.t to the Property. ' ' It0.~
- :AUG 0 3 1999
5.03 Purchaser and its agents, employees and servants shall, at their 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 indemnify Seller on account of
any loss or damages occasioned thereby and against any claim made against Seller as
a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty
four (24) hours prior to said inspection of the Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the
right to inspect the Property at any time prior to the Closing.
VII. Bg~S~jEESIQ~
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be
prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by
Seller.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of written
notification of such failure, Purchaser may, at its option, terminate this Agreement by
giving written notice of termination to Seller. Purchaser shall have the right to seek and
enforce all rights and remedies a~,ailable at law or in equity to a contract vendee,
including the right to seek specific performance of this Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the transaction
contemplated hereby or otherwise fails to perform any of the terms, covenants and
conditions of this Agreement as required on the part of Purchaser to be performed,
provided Seller is ?~ot in default, then as Seller's sole remedy, Seller shall have the right
to terminate and cancel this Agreement by giving written notice thereof to Purchaser,
whereupon one percent (1%) of the purchase price shall be 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 other except as set forth in paragraph 13.01
hereof. The parties acknowledge and agree that Seller's actual damages in the event
of Purchaser's default are uncertain in amount and difficult to ascertain, and that said
amount of liquidated damages was reasonably determined by mutual agreement
between the parties, and said sum was not intended to be a penalty in nature.
9.03 Should any litigation or other action be commenced between the parties
concerning the Property or this Agreement, the party prevailing in such litigation or
other action shall be entitled, in addition to such relief as may be granted, to a
reasonable sum for its attorney's fees, paralegal charges and all fees and costs for
appellate proceedings in such litigation or other action; which sum may be determined
by the court or in a separate action brought for that purpose.
9.04 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies to
each of the parties, and take into account the peculiar risks and expenses of each of
the parties.
-- AUG 0 /li99
..........
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIE~ .,
10.01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the Property,
and to execute, deliver, and perform its obligations under this Agreement and the
instruments executed in connection herewith, and to consummate the transaction
contemplated hereby. All necessary authorizations and approvals have been
obtained authorizing Seller and Purchaser to execute and consummate the
transaction contemplated hereby. At Closing, certified copies of such approvals
shall be delivered to Purchaser and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of this
Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the
said Property shall not be deemed to be full performance and discharge of every
agreement and obligation on the part of the Seller to be performed pursuant to the
provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller, at law,
equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other property that
could, if continued, adversely affect Seller's ability to sell the Property to Purchaser
according to the terms of this Agreement.
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 convey any portion of the Property or any
rights therein, nor enter into any agreements granting any person or entity any rights
with respect to the Property or any part thereof, without first obtaining the written
consent of Purchaser to such conveyance, encumbrance, or agreement which
consent may be withheld by Purchaser for any reason whatsoever.
10.017 Seller represents that there are no incinerators, septic tanks or cesspools on
the Property; all waste, if any, is discharged into 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 indirectly into any body of
water. Seller represents the Property has not been used for the production,
handling, storage, transportation, manufacture or disposal of hazardous or toxic
substances or wastes, as such terms are defined in applicable laws and regulations,
or any other activity that would have toxic results, and no such hazardous or toxic
substances are currently used in connection with the operation of the Property, and
there is no proceeding or inquiry by any authority with respect thereto. Seller
represents that they have (it has) no knowledge that there is ground water
contamination on the Property or potential of ground water' Contamination from
neighboring properties. Seller represents no storage tanks for gasoline or any other
substances are or were located on the-Property at any time during or prior to
Seller's ownerSKip thereof. Seller represents none of the Property has been used
as a sanitary landfill.
10.018 Seller has no knowledge that the Property and Seller's operatjo. ns
concerning the Property are in violation of any applicable Federal, State or local
statute, law or regulation, or of any notice from any governmental body has been
served upon Seller claiming any violation of any law, ordinance, code or regulation
or requiring or calling attention to the need for any work, repairs, construction, '
AUG O 3 199'
alterations or installation on or in connection with the Property in order to comply I NO '~C°~/~'7J ~ ~
with any laws, ordinances, codes or regulation with which Seller has not complied. ' ' '
10.019 There are no unrecorded restrictions, easements or rights of way (other than
existing zoning regulations) that restrict or affect the use of the Property. and there
are no maintenance, construction, advertising, management. leasing, employment,
service or other contracts affecting the Property.
10.020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or o~her proceedings or governmental investigations or
requirements, formal or informal, existing or pending or threatened which affects the
Property or which adversely affects Seller's ability to perform hereunder; nor is there
any other charge or expense upon or related to the Property which has not been
disclosed to Purchaser in writing prior to the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the ,~"
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this Agreement up
to and including the Date of Closing. Therefore, Seller agrees not to enter into any
contracts or agreements pertaining to or affecting the Property and not to do any act
or omit to perform any act which would change the zoning or physical condition of
the Property or the governmental ordinances or laws governing same. Seller also
agrees to notify Purchaser promptly of any change in the facts contained in the
foregoing representations and of any notice or proposed change in the zoning, or
any other action or notice, that may be proposed or promulgated by any third parties
or any governmental authorities having jurisdiction of the development of the
property which may restrict or change any other con~dition of the Property.
10.022 At the Closing, Seller shall deliver to PurChaser a statement (hereinafter
called the "Closing Representative Statement") reasserting the foregoing
representations as of the Date of Closing, which provisions shall survive the
Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and
hold Purchaser harmless from any and all costs (including attorney's fees) asserted
against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in
connection with the application of any federal, state, local or common law relating to
pollution or protection of the environment which shall be in accordance with, but not
limited to, the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"),
which was amended and upgraded by the Superfund Amendment and
Reauthorization Act of 1986 ("SARA"), including any amendments or successor in
function to these acts, This provision and the rights of Purchaser, hereunder, shall
survive Closing and are not deemed satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this Agreement
and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be given to
either party hereunder shall be in writing, sent by registered, or certified mail, return
receipt requested, postage prepaid, address~ as follows:
if to Purchaser: Real Property Management Department
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
.AUG 0 3 1999
With a copy to: Heidi F. Ashton, Assistant County Attorney
Office of the County Attorney
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
If to Seller: Rose Somogyi
3933 12th Street North
Naples, FL 34103
11.02 The addressees and addresses for the purpose of this Article may be changed
by either party by giving written notice of such change to the other party in the manner
provided herein. For the purpose of changing such 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 in effect for all purposes.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole 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 or any other person or party
claiming to have been engaged by Seller as a real estate broker, salesman or
representative, in connection with this Agreement. Seller agrees to pay any and all
commissions or fees at closing pursuant to the terms of a separate agreement, if any.
z -:
XII. ~
13.01 This Agreement may be executed in any manner of counterparts which together
shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of the
date this Agreement is executed by both parties and shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, executors, personal
representatives, successors, successor trustee, and assignees whenever the context
so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless
such amendment is in writing and executed and dated by Purchaser and Seller. Any
_ amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it
has been executed by both parties.
13,04 Captions and section headings contained in this Agreement are for convenience
and reference only; in no way do they define, describe, extend or limit the scope or
intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as the
context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any provision
of this Agreement shall be applicable only to the specific instance to which it is related
and shall not be deemed to be a continuing or future waiver as to such provision or a
waiver as to any other provision.
13.07 If any date spe~c'.J.fied in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the next
succeeding business day.
AUG 0 3 1999
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 Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a padnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Seller
shall make a written public disclosure, according to Chapter 286, Florida Statutes,
under oath, of the name and address of every person having a beneficial interest in the
Property before Property held in such capacity is conveyed to Collier County. (If the
corporation is registered with the Federal Securities Exchange Commission or
registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the
general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes.)
13.10 This Agreement is governed and construed in accordance with the laws of the
State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire agreement
between the parties, and no promise, representation, warranty or covenant not included
in this Agreement or any such referenced agreements has been or is being relied upon
by either party. No modification or amendment of this Agreement shall be of any force
or effect unlel~s made in writing and executed and dated by both Purchaser and Seller.
Time is of th n of this Agreement.
e esse Ce
IN WITNESS WHEREOF, the parties hereto set forth their hands seals.
Dated Project/Acquisition Approved by
BCC:
AS TO PURCHASER:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
. Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
AS TO SELLER:
WITNESSES:
i~lj~ T WITNESS_~JSignature) R
(P~ini Nam&)" "~
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney .,,"'
NO. _ /~ ~,~
AUG 0 3 1999
p~./I :.
EXECUTIVE SUMMARY
#
APPROVE CHANGE ORDER TO WORK ORDER CDM-FT-98-11, TO PROVIDE
ENGINEERING SERVICES FOR THE MANATEE STATION PUMP UPGRADES -
PROJECT 70052
OBJECTIVE: That the Board of County Commissioners, as the Ex-Of~cio Governing
Board of the Collier County Water-Sewer District, approve a change order for additional
engineering services related to improvements needed to meet increasing demands for potable
water, to enhance operation and maintenance of the existing storage tank and to improve
reliability of this station during emergency situations
CONSIDERATIONS: The Board of County Commissioners approved Work Order CDM-
FT-98-11 to Camp Dresser & McKee, Inc., in the amount of $43,000, on October 13, 1998,
agenda item 16(B)3, for professional engineering services to upgrade the existing pumps. As
the work proceeded, it became clear that the existing power distribution system, emergency
power generator, controls and ventilation were inadequate to accommodate the larger
pumping equipment. Additional engineering services are needed to address these
deficiencies.
Staff also recommends providing the existling storage tank with a bypass mechanism. This
will enhance operations by improving our ability to perform routine inspection and
"" maintenance of the tank interior.
A summary of total fees approved and proposed are as follows:
Fees
Original Work Order $43,000.00
Sum of previous Change Orders 0.00
Proposed Change Order 77,940.00
Total $120,940.00
Staff has negotiated the proposed scope and compensation as provided in the attached letter
dated July 20, 1999.
, ~x--FISCAL IMPACT: The total cost of this change order is $77,940. Funds are budgeted and
"'i'~ in the Manatee Station Pump Upgrades project in the Water Impact Fee Capital
Fund.
GROWTH '~_ANAGEMENT IMPACT: This project is needed to meet increasing
demands for potable water in the south portion of our Water Service Area.
RECOMMENDATIONS: That the Board of County Commiss~6ners, as the Ex-Of~cio
I?---- governing board of the Collier County Water-Sewer District, approve and authorize the
AU6 0 3 1999
Executive Summary
Ch.ange Order, Work Order CDM~FT-98-11
'-- Page 2
SUBMITTED BY: ~i,~~ Date: '/'2_C> -~c21
Alicia Abbott., PWED Project Manager
Steve Camell, Purchasing Director
:,.
REVIEWED BY: /~-,',v:. .:~/" Date:
Paul Mattausch, Water Director
APPROVED ~ Date: Ed Ilsc~er, Public Works Adminis~ator
' AUG O i i9~'9
PG,. ,~ .
CHANGE ORDER
TO: Camp Dresser & Mckee, Inc. FROM: Collier County Government
1342 Colonial Boulevard 3301 East Tamiami Trail, PWED Bldg.
Ft Myers, Florida 33907 Naples, Florida 34112
Project Name: Manatee Station Pump Upgrades Project No. 70052
Work Order Date: October 13, 1998 Work Order No.: CDM-FT-98ol 1
Change Order No.: 1 Date: July 20,1999
Change Order Description: Additional engineering services are required for improvements
necessary to accommodate a larger pumping system which includes work associated with the
emergency generator, controls, ventilation, piping modifications, surge valve and flow meter.
See the attached proposal for the changes in scope of services and the additional fees.
Original Work Order amount .........................................................$ 43,000.00
Sum of previous change orders amount .........................................$ 0.00
This Change Order Amount [add] ...................................................$ 77,940.00
Revised Agreement Amount ............................................................$120,940.00
Contract Time: Complete redesign work and provide final plans and
specifications suitable for bidding within 70 calendar days after receipt of
authorization to proceed with this additional work.
Your acceptance of this change order shall constitute a modification to our Agreement and
will be performed subject to all the same terms and conditions as contained in our Agreement
indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if
any, to this Agreement shall constitute a full and final settlement of any and all claims of the
Contractor arising out of, or related to, the change set forth herein, including claims for
impact and delay costs.
D Project, .; Manager
Accepted by: Date:
/ ,
Thom~sG'7. ~qalker, P.E., DEE / /"'
Camp Dresser & McKee, Inc.
Approved by: Date:
JeffBibby, P.E., PWED Director
Authorized by: .,-_' Date:
Paul Mi(t~'ulch, Water Director
(For Use by Owner: Fund: 411 CostCenter:273511 Object Code:631400 Proj'!t_No. 70052 ,) ,
G:~Fonns\Change Order Master.doc Revised 02/03/98 _
AU6 0 3 1999
Camp Dresser & McKee Inc.
consulting 1342 Colonial Boulevard, Suite F44
engineering Fort Myers, Florida 33907
construct/on Te1:941 275-8575 Fax:941 275.8141
July 20, 1999
'99 JUL 21 RN !O CO
Mr. Karl Boyer
Collier County Public Works
County Water Department
3301 Tamiami Trail East, Bldg. H
Naples, Florida 34112
Re: Amendment to Work Authorization CDM-FT-98-11,
Manatee Pump Station
CDM PN 6295-25023
Dear Mr. Boyer:
We have prepared a revised scope of services and budget for the additional design and
construction services for the referenced project. The original contract included mechanical,
electrical and instrumentation design services for replacing the existing pumps, bur'did not
include work associated with the emergency generator, telemetry system coordination,
HVAC systems, surge valve, flow meter, piping modifications and permitting services. The
County has requested these additional features to allow remote operations of the pump
station, reducing operating manpower requirements and to provide a by-pass for maintenance
and cleaning of the storage tank.
The construction services scope has been modified to include specialty inspection, shop
drawing review and construction coordination for the additional work. A scope of services
for the proposed additional work is provided below.
Scope of Services
Electrical - The ENGINEER shall develop plans and specifications for a new emergency
generator including revised layout of electrical room to include panels provided for the
aquifer storage and recovery system (ASR). The ENGINEER shall visit the site to verify
location of the ASR system electrical panels since record drawings do not show this work.
Electrical design services are also included for emergency lighting and the intrusion and fire
alarm systems. The ENGINEER shall coordinate electrical system operations with automatic
transfer switch and telemetry system operations. The ENGINEER shall provide updated cost
estimate for additional items. The ENGINEER shall review options to provide emergency
power to the existing and proposed ASR wells. Revisions will be made to the plans,
specifications, and cost estimate to accommodate the ASR wells within the existing pump
station structure. Modifications that require an addition to the building and/or relocation of
the generator are not included.
AUG 0 3 1999
FTM 6295SD-297.DOC 7/20/99 P6. Z/_
Camp Dresser & McKee Inc.
Mr. Karl Boyer
July 20, 1999
Page 2
Instrumentation - The ENGINEER shall add provisions for the following: fire alarm signal
and high temperature status for HVAC system, ability to start/stop the generator from the
SCRWTP, venturi flow meter with signal and flow indicator, pressure control system for the
pumps, generator status and alarms. The ENGINEER shall provide an updated construction
cost estimate for additional items. The ENGINEER shall provide design data on equipment
to the software contractor for re-programming the SCRWTP computer and modify the
existing telemetry system. County Staff will coordinate required telemetry system software
modifications with the County's instrumentation system supplier.
Structural - The ENGINEER shall provide drawings and specifications and construction
cost estimate for electrical and generator rooms. The ENGINEER shall revise room to
incorporate existing electrical panels.
HVAC - The ENGINEER shall provide drawings, .specifications for air conditioning in the
electrical room and ventilation in the. generator room. The ENGINEER shall provide fire
detection system, room temperature control, and alarm system. The ENGINEER shall
provide coordination with electrical and instrumentation. The ENGINEER shall review noise
considerations and specify appropriate equipment. The ENGINEER shall provide
construction cost estimate.
Civil/Mechanical - The ENGINEER shall revise drawings based on actual conditions not
depicted on record drawings. The ENGINEER shall evaluate alternative layouts of
improvements to accommodate diesel fuel tank relocation and meet with County to discuss
these alternatives. The ENGINEER shall prepare piping system drawing for installation of a
new venturi meter, surge valve and to provide by-pass piping for maintenance and cleaning
of the storage tank. The ENGINEER shall provide specifications for the additional work and
an updated construction cost estimate.
Project Management and Permitting, - The ENGINEER shall coordinate project
deliverables. The ENGINEER shall provide updated cost estimates for new equipment and
construction. The ENGINEER shall provide QA/QC review of additional work. The
ENGINEER shall prepare and submit a permit application for all improvements to FDEP.
Construction Services - The~ ENGINEER shall review shop drawings, coordinate start up
testing and vendor training of equipment, and provide final inspection of equipment
discussed in this authorization. The ENGINEER shall provide inspection services of
specialty engineers for instrumentation and electrical modifications. ServiCes do not include
preparation of an Operations and Maintenance Manual.' "
Camp Dresser & McKee Inc.
Mr. Karl Boyer
July 20, 1999
Page 3
ENGINEER will provide specialty inspection and review of shop drawings by electrical and
instrumentation engineers. A senior civil engineer will attend up to 6 progress meetings and
inspect the site following the meetings and will make one (1) punch list site visit. County
shall be responsible for construction management, and for observation of all contractor work
except for electrical and instrumentation. General inspection will be provided by the county
instead of the 40 hours by ENGINEER indicated in the original work order. The County
project representative shall provide daily reports to ENGINEER. ENGINEER will observe
field testing for major equipment systems. The County will observe field testing for piping,
underground utilities and appurtenances. The ENGINEER shall certify completion of
construction. County shall certify completion of portions of the work that were inspected by
the County were completed in accordance with the contract documents.
Operations and Maintenance Manual - The ENGINEER will prepare accurate, up to date
and usable operations and maintenance manual sections for the new Pump Station Systems.
The operations and maintenance manual sections will address th~ new equipment, with
emphasis given to the functional description, and equipment control. The ENGINEER's
operation specialists will work directly with the County' s staff to maximize the manual
section's accuracy and usefulness.
The following basic preparation steps will be taken:
· Review Pump Station function.
· Compile system component design data.
· Develop process overview. Showing all equipment and their relationship to operating
modes.
· Tabulate control and instrument items.
· Develop basic procedures for process restart and shutdown.
· Prepare manual text.
The County will be provided with a draft to provide review and comment prior to finalization
of the manual sections.
Compensation - The attached spreadsheet provides detail of the additional compensation for
design and construction services. The table below provides a summary of the initial
authorization for the project and the requested amendment. Compensation for design
services is proposed as a lump sum fee and construction services based on actual time and
materials provided.
A,GI[Nb IT£
AUG 1:) 3 1999
FTM 6295SD-297.DOC 7/20/99 PG. ~
Camp Dresser & McKee Inc.
Mr. Karl Boyer
July 20, 1999
Page 4
Tasks Original Revised
LUMP SUM FEE $43,000.00 $0.00
· Hydraulic Modeling
· Plans & Specifications
· Bidding & Construction
· Services
LUMP SUM FEE $0.00 $70,230.00
· Hydraulic Modeling
· Plans & Specifications
· Bidding
TIME & MATERIAL $0.00
· Construction Services $35,710.00
~J Reimbursable Expenses $5,000.00
· Operation & Maintenance Manuals $10,000.00
TOTAL: $43,000.00 $120,940.00
Should you have any questions or require additional information, please do not hesitate to
call.
Very truly yours,
CAMP DRESSER & McKEE INC.
James L. Hagerty, P.E.
JLH/sld
cc: Paul Mattausch, Collier Count3,
Bobb Reeder, Collier County
Alicia Abbott, Collier County
Thomas G. Walker, CDM
Marie Mahan, CDM
AG[NDA
?.;B/'/,
A0G O 3 19{t9
FTM 6295SD-297.DOC 7/20/99 PG. T
EXECUTIVE SUMMARY
APPROVE WORK ORDER #TE-98-KH-06 WITH KIMLEY-HORN AND ASSOCIATES,
INC. FOR THE AIRPORT-PULLING ROAD SIX LANE IMPROVEMENT PROJECT NO.
62031; CIE NO. 55
OBJECTIVE: To receive the Board of County Commissioners' approval of Work Order #TE-
98-KH-06 for the Airport-Pulling Road Six Lane Improvement Project.
DESCRIPTION: Transportation Services Department has directed Public Works Engineering
Department to expand the scope of the project to include additional traffic signalization design
along the Airport-Pulling Road project between Pine Ridge Road and Vanderbilt Beach Road. The
additional traffic signalization is necessary to extend the signalization upgrade improvements along
Airport-Pulling Road from Pine Ridge to Vanderbilt Beach Road. This sdgnalization will be
consistent with the improvements planned for the phase of the corridor, U.S. 4 1 to Pine Ridge Road.
,... Staff has negotiated this work order with Kimley-Horn and Associates to include the work in the
roadway project and recommends that it be approved.
This Work Order #TE-98-KH-06 $ 65,120.00 - Traffic Signal Design Services
Proposed Contract Amount $ 65,120.00
FISCAL IMPACT: Funds in the amount of $65,120 are available in Road Impact Fees District
1, for the Airport-Pulling Road Project. Fund source is Impact Fees.
GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 55 is
consistent with the Transportation sub-element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve Work Order
#TE-98-KH-06 and authorize staff to execute said work o der n be~lf g~the Board.
' Authorize the PWED Director to execute the wor~ o ~er t
r
amount of $65,120.
,-"" 7'3 Date:
Micah K. ~~~ P.E., PMP
Project M~ager, Public Works Engineering Dep~ment
3 1999
P6- [ .
Executive Summary
Airport Pulling Road, Project 62031, CIE #55
Work Order #TE-98-KH-06
Page No. 2
REVIEWED BY: ~ "'V//'~~ Date:
~'JeffBibby, P.E.
Publ',. ;rks~7t)~nee'
REVIEWED BY: Date:
Edward J. Ka .. .
APPROVED BY' Date:
Ed Ilschner
Public Works Administrator
Attachment: Work Order #TE-98-KH-06
i"
NO. ./~
AUG 0 3 1999
PG...,.
WORK ORDER # TE-98-KII-06
Agreement for Fixed Term Traffic Engineering Consultant Services
Dated October 13, 1998 (Contract #98-2803)
This Work Order is for traffic engineering consultant services for work known as
SiRnalization DesiRns for Airport-Pulling Road Widening. Project
(To provide traffic signal modifications at four intersections and to provide new traffic
signals at two intersections along. Airport-PullinR.
The work is specified in lhe proposal da~ed May 7, 1999, which is attached herelo and made a
part of this Work Order. In accordance wi~h lhc Terms and Condilions of the Agreement
referenced above, Work Order ~TE-98-Klt-07 is assigned ~o Kimlcy-Horn and Associates, Inc.
Scope of Work:
(Lis~ all tasks: Task I, Task 2, e~c.)
Task 1 Review of Trade Ccn~cr Way Signal Study
Task 2 Signaliza~ion Plans
Task 3 Geolechnical Explorations
Task 4 Structural Calculanons
Task 5 Signalization Plans for AirporbPulling Road and Trade Center Way (Contingent)
Task 6 Conslruclion Observanon Services
Schedule of Work: Complele work" within 84 calendar days from receipl of lhe Notice
to Proceed aulhorizing s~arl of work as follows: Preliminary plans submittal six weeks after
the Nolice to Proceed. Final plans submiual six weeks after Collier Counly's review
commen~s. *Not including Task 6 Services.
Compensalion: In accordance wi~h Article Five of lbe Agreemeal, Ibe Couniy will
compensate fi~c Firm ~ accordance wHh lhc negotialed hsmp s.um amount indicated in Hie
schedule below (if a ta'sk is nine and malerial, so indicate and use lhc established hourly
rate(s) as enumerated in Schedule 'A" of ~he Agreement).
Task I - Review of Trade Cen~er Way Signal Study $ 850.00 (lump sum)
Task 2 - Signalizalion Plans $24,200.00 (lump sum)
Task 3 - Geo~echnical Exploranons $ 8,810.00 (lump sum)
Task 4 - S~ructural Calculations $13,350.00 (lump sum)
Task 5 - Signalizalion Plans for AirporbPulling Road
and Trade Center Way fCon~ngent) $10.560.00 (lump sum)
Task 6 - Construction Observation Services $ 7,350.00 (lump sum)
TOTAL FEE $65,120.00 Lump Sum
Any change within monelary authority of this Work Order made subsequent to final
dcpartmenl approval will be considered an addilional service and charged according to
Schedule "A" of the Agrecmen't.
PREPARED BY: ~~ ~~ ~'/~-- 9~
Micah Massa~-P.E . PMP, Project Manager Dale
AUTIIORIZED BY:
Ed Kanl, P.E. Transportanon Services Director Da~e
APPROVED BY:
Jeffrey Bibby, P.E., P~VED Director Date
Approved as to Form and
Legal Sufficiency:
Assistant County Artorgy ACCEPTED BY:
Date:
Kimlev Hnrn and Associates Inc.
Name of Firm
ATTEST:
(Corporate Secretary) .~~~
~ Signature
Type Name and Title .
· , O 3 1999
Christopher C Hatton, Asst. Secretary Bruce E. Friedman Vice
Kirnley-Horn
and Associates, Inc.
May 7, 1999
o4s651.o2 '99 RRY 1H PR 2 18
·
Mr. Dale A. Bathon, P.E. Su,te 705
Collier County Government 9280 Bay Plaza Boulevarci
Transportation Department Tampa. Fionda
3301 E. Tamiami Trail 33619,4453
Naples, FL 34112
Re: Contract #98-2803 - Annual Contract for Traffic Engineering Consultant Sen'ices
Signalization Designs for Airport-Pulling Road Widening Project
Dear Mr. Bathon:
Per your request. v.'e have prepared a l::roposal for the design ofsignalization revisions at
four intersections and new signallzatzon at r,,.o intersections along the portion of Airg'ort-
Pulling Road that Collier Count).' plans to v. iden from four lanes to six lanes.
Scope of Services
Kimley-Hom's scope of sen'ices for th~s project ',,.ill be as follov, s:
Task I - Reriew of Trade Center |I 'at Si~,nal Stttdv
%Ve ',,,'ill review the report Lhat ',,,'as prepared by AzF, oli. Barber & Brundage regarding
signalization of the intersection of Ai~or:-Pulling Road and Trade Center Wav. '~\'e
summarize our review comments in a short memorandum to Collier Count).'. v. hich v. ill
include our recommendation as to ~,,het~.er signaltzaUon should be installed for the
intersection of Airport-Pulling Road and Trade Center Wav.
Task' 2 -Signali.-.ation Plans
We will develop 24" by 36" signal rev~s:on plan she-~ts at a scale of 1 inch equals 20 fee:
for each of the following four signahzed intersections:
Airport-Pulling Road and Ceuga'r Drive
Airport-Pulling Road and Naples Boulevard Ardesia Lane
Airport-Pulling Road and J & C BoulevardFountain View Circle
Airport-Pulling Road and Orange Blossom Drive
We will also develop a 24" by 36" signal plan sheet at a scale of 1 inch equals 20 feet for
the following unsignalized intersection:
Airport-Pulling Road and Emerald Lakes Drive/Old Groves Road
Base mapping for each of the five intersections showing right-of-way, roadway
~geometrics, pavement markings, and 'known utilities will be provided in electronic format
by Collier County. The signalization plan sheets will include pay item numbers and
controller timing data for isolated intersection operation. A consolidated tabulation of
TEL 813 620 1460 '
8,3,20 is,2 AUG O 3 1999
PG.,,
Kimley-Horn r,,lr. Dulc A. Ilalhon, I',1!, Ma,,, 7, 19')9, I'~,: 2
and Associates, Inc.
quantities sheet will be developed for the five intersections. We will submit three copies
of the preliminary plans and quantities to Collier County for review and approval. After
all review comments are incorporated, we will finalize tile plans an~l quantities and
submit them to Collier County for a second review. After the second round oF review
comments are incorporated, we will submit four signed-and-sealed copies and a
reproducible set to Collier County for inclusion in the County's Airport-Pulling Road
Widening Project. We do not plan to develop a title sheet or maintenance-of-traffic
sheets for the project.
We will also provide a red-line mark-up design for a conduit system that will eventually
receive a fiber-optic conmmnications interconnect cable during tile construction of the
Collier County Signal System project. Base mapping in hard-copy (printed) form that
includes the other conduit designs along the corridor will be supplied to us by Collier
County.. We will manually draw the conduit design on the printed base mapping and the
electronic drafting will be performed by the originator of the base mapping.
Task 3 - Geotechnical Explorations
After the re:'iew conunents regarding the preliminar)' plans are received and the ~ole
locations have been established. our su~consuhant. ASC geosciences. inc.. x~ ill provide
geotechnical exploration services as outlined in their proposal to Ktmley-Hom dated
4:'21/99, a cop>' of which is attached to Lhis document. As pan ofTask 3. the5' ~ilI
provide setwices at the five intersections listed in Task 2.
Task 4 - Structttral Calculations
We will develop a set of mast arm pole and foundation calculations for each mast arm
pole that is needed at the fi:'e intersecuons listed in Task 2. Mast arm pole and
foundation calculations will include tee ;oles, arms, foundaHons. and all connez::r,~
hardware. Mast arm pole and foundat:on calculations will be based upon s.~ot elevation
data that will be provided by Collier Count2z' after the pole locations have been
established, and upon the geote:knicat reformation obtained in Task 3. \Ve anttot.tale
that a total of 20 single-arm poles will need to be installed at the five interse:tlons.
Development of mast arm pole and foundation calculations ~vill not be initiated untfi afzer
Collier County. has reviewed the preliminary. plans. The results of the calculations xxill be
placed on appropriate plan sheets that can be included in the County's Airport-Pulhng
Road Widening Project plan set.
Task 5 - Si~nali.'.atio.n Plans for Airport-Pullin~ Road and Trade Center I1 'at
_-.
If warranted by Task 1 and as directed by Collier County, we will develop a 24" by 36"
signal plan sheet at a s.~ale of I inch equ-,zls 20 feet for the following unsignalized
intersection:
Airport-Pulling Road and Trade Center Way
Base mapping for this intersection showing right-of-Way, roadway geometries. pavement
markings, and kno~vn utilities will be provided in electronic format by Collier Count;,'.
The signalization plan sheet will include pay item numbers and conu'oller timing data for
isolated intersection operation. The quantities for this intersection will be included in the
consolidated tabulation of quantities sheet that is developed for the other five ~,~ z t '
AUG O 3 1999
Kimley-Horn Mr. Dale A. Bathun, ILl':., h. la) "7, I')')'J. I~'ugc 3
and Associates. Inc.
intersections. We will submit three copies of the preliminary plans and quantities to
Collier County for review and approval. After all review comments are incorporated, we
will submit them to Collier County for a second revie~v. After the second round of
revie~v comments are incorporated, we will ~nalize the plans and quantities and submit
four signed-and-sealed copies and a reproducible set to Collier County for inclusion in
the County's Airport-Pulling Road Widening Project.
After the review comments regarding_the preliminary plans are received and the pole
locations have been established, our subconsultant, ASC geosciences. inc.. will provide
geotechnical exploration se~'ices at this intersection as outlined in their proposal to
Kimley-Hom dated 4 21/99, a copy of,.vhich is attached to this document.
We will de:'elop a set of mast arm pole and foundation calculations for each mast arm
pole that is needed at this intersection. Mast arm pole and foundation calculations ~.vlll
include the poles. arms. foundations. and all connecting hardware. Mast arm pole and
foundation calculations will be based upon spot elevation data that \rill be provided by
Collier Count2,.' after the pole locations have been established and upon the geotechnicaI
information obtained in this task. \Ve anticipate that a total of four single-arm poles x~,ilI
need to be installed at this intersection. Development of mast arm pole and founda:!on
calculations '~vill ndt~e initiated until after Colher Count2,.' has reviewed the prehm~naxT:'
plans. The results of the calculations xvi!l be placed on appropriate plan sheets tha: can
be included in the Count'::"s Airport-Pulling Road Widening Project plan so',.
We will be present at the times that the wast arm foundations are placed at this
intersection to determine if appropriate construction techniques are being follo~. ed. \Ve
will also be present v.'hen final inspection and basic equipment testing occurs at th:s
intersection upon the contractor's completion of the v.'ork.
Task 6 - Construction Ohsen'ation Sen'ices
We v~'ill be present at the times that the mast arm foundations are placed at e:ch
intersection listed under Task 2 above to deterrome if appropriate construction techniques
are being followed. We will also' be present ~.~.hen final inspection and basic equipment
testing occurs at each intersection upon the cont~actor's completion of the xx ork.
AUG O 3 {999
PG. ~
and Associates, Inc.
Schedule
We will submit the preliminary signalization plans to Collier County withi,~ six v,'ecks of
receiving the electronic base mapping from Collier County. We will submit the final
signalization plans and the mast arm pole and foundation calculations and plan sheets to
Collier County, within six weeks of receiving the comments and required data from
Collier Count>.'.
Fee
we will accomplish the sere'ices described in the above tasks for the follo~ ing lump sum
fees:
· Task I -- S 850.00
· Task 2 -- S24,200.00
· Task3--S 8,810.00
· Task4 --S13,350.00
· · Task 5 S10·560.00
t --
· Task 6 -- S 7,350.00
If you have an)' questions or comments. please contact me.
Sincerely,
KI~ILEY-HOR.N AND ASSOCIATES. INC,
- Bruce E. Friedman. P.E.
Project .Manager
h:'.048651.02 proposal doc
AUG 0 3 ]999
,PG.,'7 ,y
Collier County Traffic Engineering Services
Signalization Designs for Airport-Pulling Road Widening Project
.TASK 1
LABOR
Classification Hours Billing Rate.q-tour
Fee :
St. Professional 6.0 $ l 35.00 $810.00
St. Support Staff 0.5 50.00 25 00
TOTAL LABOR S835,00
EXPENSES S 15.00
TOTAL TASK ! FEE S8.~0.00
TASK 2
LABOR
---- Classification Hours Billino~ Rate"Hour
Fee
St: Professional 60.0 S 135.00 SS. 100.00
St. Technician 200.0 75.00 15.000.00
St. Support Staff I0.0 50.00 500.00
TOTA. L LABOR 523.600.00
EXPENSES %00.00
TOT.-tL TASK 2 FEE S24.200.00
TASK 3
LABOR
Classification Hours Billing Rate:'Hour
Fee
Sr. Professional 2.0 $135.00 S270.00
Reg. Professional 2.0 S95.00 190.00
:: _Professional 1 -~ 4.0 75.00 300.00
TOTAL LABOR S760.00
EXPENSES Sl00.00
SUBCONSULTANT S7,250.00
TOTAL TASK 3 FEE S8,810.00
AUG 0 3 1999
Collier County Traffic Engineering Services
Signalization Designs for Airport-Pulling Road \k:idening Project
TASK 4
LABOR
Classification Hours Bill~n..z Rate 'Hour
Fee
Reg. Professional 40.0 S95.00 S3.S00.00
Professional I 116.0 75.00 S ,700.00
CADD Operator 10.0 60.00 600.00
TOTAL LABOR S 13.100.00
EXPENSES S250.00
TOTAL TASK 4 FEE S13.350.00
TASK 5
LABOR
Classification Hours Bxllin,_, Rate Hour
Fee
Sr. Professional 19.0 St35.00 52.565.00
St. Technician 50.0 75.00 3.750.00
Reg. Professional 8.0 S95.00 760.00
Professionall 23.0 75.00 1.725.00
CADD Operator 2.0 60.00 12,) 00
TOTAL L.-\BOR 58.920.00
EXPENSES 5290.00
SUBCONSULTANT 1.350
TOTA. L TASK 5 FEE SI0.560.00
TASK 6
LABOR
Classification Hours Billing_ Rate"Hour
Fee
St. Professional 23.0 S 135.00 S3, 105.00
Sr. Technician 50.0 75.00 3.750.00
TOTAL LABOR S6,855.00
EXPENSES S495.00
TOTAL TASK 6 FEE S7,350.00
AUG O 3 1999
EXECUTIVE SUMMARY
APPROVE SUPPLEMENTAL AGREEMENT NO. 7 WITH CH2M HILL FOR THE PINE
RIDGE ROAD IMPROVEMENT, PROJECT NO. 60111; CIE 41
OBJECTIVE: To receive Board of County Commissioners' approval of Supplemental
Agreement (S/A) No. 7 for Pine Ridge Road six laning improvements.
CONSIDERATIONS: The Florida Department of Transportation (FDOT) has requested that
Collier County include the 1-75 ramp modification design and construction as part of the Pine Ridge
Road Project. The FDOT is working with Transportation Services Department to enter into a Joint
Participation Agreement (JPA) whereby Collier County will be reimbursed for all costs associated
with the ramp work. The FDOT has requested that this work be included in the Pine Ridge Road
Project. It is also necessary to update the plans to include recent improvements that have occurred
along the project limits. This S/3, also includes additional utility design requested by the Water
Department.
In order to have CH2M Hill perform these additional services, and compensate for the additional
services, staff recommends this S/A No. 7 be approved. A copy of this S/A No. 7 is located in the
Office of the Clerk of Courts/Minutes and Records for review by interested parties.
Original Contract Amount: $395,365.00
S/A No. 1 $125,000.00 - Extend design scope to Logan Blvd.
S/A No. 2 $ 9,291.00 - Aerial Photography services.
S/A No. 3 $194,420.00 - Utility and 1-75 ramp modification design
services.
S/A No. 4 $186,092.00 - Napa Blvd., 1-75 Ramp, Plans update,
Construction Services.
S/A No. 5 $ 34,954.00 - Plans revision to advance Napa Blvd. Access
Improvements.
S/A No. 6 $108,991.00 - Traffic signalization design services.
This S/A No.7 $111,831.00 - Add 1-75 Ramps and Water Dept. design
Proposed Contract Amount $1,165,944.00
FISCAL IMPACT: Funds in the amount of $108,018.00 are available in Road Impact fees
District 1, for the Pine Ridge Road Project. Fund source is Impact Fees for the road portion. Funds
in the amount of $3,813.00 are available in the Waste Water User Fees, for the waste water portion
of the project.
GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 41 is
consistent with the Transportation sub-element of the Growth Managemere Plan.
AUG 0 3 1999
PG. /
Executive Summary
Supplemental Agreement No. 7 with CHM2 Hill
Page No. 2
RECOMMENDATION: That the Board of County Commissioners:
(1) Authorize and approve S/A No. 7 to CH2M Hill in the amount of$111,831.00.
(2) Direct the Chairwoman to execute S/A No. 7.
~, Date:
ff'Micah K. Massaquoi, P.E~, PMP
REVIEWED BY:f_,/ ' y Date:
fir Bi P
Je ey 'bby, .E? Dir. e or
REVIEWED BY: Date:
Edward J. K. an '~" .., Director
EdwardTJ~artment
APPROVED B . Date: '~-,~,' -
Ed Ilschner Administrator
Public Works Division
"' Attachment: Four (4) original copies - S/A No. 7
AUG O 3 1999
PG.
ATrACHN~ENT A
SCOPE OF SERVICES
FOR
SUPPLEMENTAL AGREEMENT TO
CONSULTING ENGINEERING SERVICES AGREEMENT
FOR
PINE RIDGE ROAD C.R. 896 [C.R. 31 ~ 1-75]
PROJECT NO. 60111
Supplemental Agreement No. 7
July 14, 1999 -
DESCRIPTION
Supplemental Agreement No. 7 includes: The work required to widen the 1-75 Southbound
off ramp at the Pine Ridge Road Interchange; The work required to modify the proposed 16"
water main to 20"; The modifications to the plans required to eliminate the need for
mitigation and obtain a SFWMD permit; The work required (level of effort) to reflect the
changing existing conditions on Pine Ridge Road; The work required to modify the North
bound 1-75 On-Ramp per FDOT and FHWA comments; The work required due to scope
additions; The work required to provide warning signs and flashing beacons for the
Community School. Specific services to be provided include:
PART 1. - SCOPE OF WORK
TASK I. SOUTHBOUND 1-75 OFF-RA~MP DESIGN
1. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to accommodate the design of the Southbound 1-75 Off-Ramp widening requested by
Collier County and FDOT. The new design will eliminate the free flow westbound
lane and provide dual left and fight turns at the terminus of the off-ramp. Services are
as follows:
1.1 Cover sheet: Modify existing sheet.
1.2 Project Layout Modify existing sheet.
prrscp SA No 7 CH2M 070799.doc ~4~990 3 1999
Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 2
July 7, 1999
1.3 Drainage map: Modify drainage map.
1.4 Typical Create new sheet for southbound off
Sections: ramp section.
1.5 Plan and Profile Modifications to Pine Ridge Road plan
- Pine Ridge and profile sheets in the vicinity of the
Road: SB on/off ramp to accommodate the
expanded intersection.
1.6 Plan and Profile Develop sheets for inclusion in plan
- SB off ramp set.
1.6a Intersection A new sheet will be added to the plans.
Details:
1.7 Drainage It is anticipated that four (4) new
:: Structures: structures are required.
1.8 Signing and Revise plans to reflect addition of
Marking - Pine signal and revisions to geometrics.
---- Ridge Road
1.9 Signing and Develop sheets for inclusion in the
Marking - SB plans.
off ramp
1.10 Signalization - Work will include new signal heads,
SB ramps: revised timing calculations, new loop
detectors, new pedestrian heads and
new mast arms. Temporary signal
plans for MOT
1.11 Cross Section New sheets for inclusion in plan set..
SB off ramp:
1.12 MOT - Pine Revise sheets in plan set. Create new
- Ridge Road: detail for advanced signing on Pine
Ridge Road.
1.13 MOT - SB off Create new sheets for inclusion 'in plan
ramp: set. Create new detail for advanced
sig~ing on 1-75.
1.14 Quantities and Revise quantities and cost estimate.
.-'- cost estimate:
A NOA
, P:\Transportation\148414\Scope of Services\prrscp SA No 7 CH2M 070799.doc
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Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 3 ,
July 7, 1999
1.15 FDOT Attend up to 2 meetings with FDOT.
coordination:
1.16 SFWMD Coordinate with SFWMD to inform
coordination: them of proposed new construction
modifications. It is assumed a permit
modification letter will be required to
include construction at this ramp.
1.17 Collier County Coordinate with County staff. Attend
coordination: up to 2 meetings.
1.18 Respond to Respond to comments and modify
review plans.
comments:
1.19 Project Provide project management,
management: coordination and quality control.
TASK II. REVISE WATER MAIN 16" TO 20"
2. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to modify the 16" Water Main to 20" per the direction of R.Dillard/Collier County.
The Consultant will revise the plan sheets at the locations specified, modify details,
modify cross sections, and check for any conflicts due to the new size of pipe.
Services are as follows:
2.1 Plan Sheets: Modify existing sheets.
2.2 Detail Sheets: Modify existing details.
2.3 Cross SeCtions: Modify cross sections to show 20"
line.
P:\Transponation\148414\Scope of ServicesXprrscp SA No 7 CH2M 070799.doc G 0 3 199
07/14/99
Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 4
July 7, 1999
TASK III. PERMITTING - DESIGN MODIFICATIONS
3. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to incorporate the mitigation minimization measures including: modification of turn
lane lengths, modification of retaining walls, utilization 2:1 side slopes in applicable
locations and relocation of conveyance ditches. These efforts will result in no wetland
mitigation required for the project and ease Agency review. Services are as follows:
3.1 Drainage: Modify existing sheets.
3.2 Retaining Wall: Modify existing sheets.
3.3 Cross Sections: Modify existing sheets.
3.4 Meetings: Attend 2 permit application meetings
and coordinate Agency requirements.
3.5 Permitting Revise ERP Permit to reflect new
treatment (attenuation) calculations
based on above modifications.
3.6 Remodeling Revise and re-run ADICPR model to
verify attenuation requirements are
met
3.7 Respond to Satisfy all Agency (COE, SFWMD,
comments EPA... ) comments and concerns
subsequent to ERP application
submittal
TASK IV. EXISTING CONDITION MODIFICATION
4. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to accommodate the changes to existing condition in the field. Construction along
Pine Ridge Road is continuous and the level of effort required to reflect those new
conditions has increased. Services are as follows:
P:\Transportation\148414\Scope of ServicesXprrscp SA No 7 CH2M 070799.doc ~' ' /
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.G.
Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 5
July 7, 1999
4.1 Plan sheets: Modify existing sheets to add
improvements.
4.2 Signing and Modify existing sheets to add
Marking Sheets: improvements.
4.3 Cross Sections: Modify Cross Sections.
TASK V. NORTHBOUND ON-RAMP REDESIGN
5. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to accommodate the northbound 1-75 on-ramp comments from FDOT and FHWA.
The FDOT requested modifications to the on ramp design to provide additional length.
-. The FHWA required a traffic analysis for the merge onto 1-75. The FHWA h,,as also
requested a weave analysis for the ramp. Services are as follows:
5.1 FDOT Modify ramp acceleration length and
Modifications: taper length. This required changes to
the existing plans as well as a new plan
sheet, signing and marking sheet,
M.O.T. sheet, and cross section sheets.
5.2 FITWA Traffic Provide a traffic analysis for the ramp
Analysis merge onto 1-75.
5.3 FHWA Weave Provide traffic and weave analysis for
Analysis: the ramp to show the proposed ramp
weaves.
TASK VI. NEW DESIGN SCOPE
6. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
to accommodate: the modifications to the proposed Fire Station design and the
drainage improvement's to the Craparo site. Services are as follows:
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PG..,. 7
Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 6
July 7, 1999
6.1 Fire Stations:
6.1a Plan sheets Included in Supplemental No. 4
6. lb Signing and Modify plans to provide for median
Marking Plans design and advance signing
6. lc Signal Plans None required per Mike Fernandez
6.2 Craparo site - Modify drainage plans and profiles
Modify show new connection. Create detail
Drainage: for riser inlet. Provide calculations
and quantities.
TASK VII. SCHOOL ENTRANCE WARNING DESIGN
7. The CONSULTANT will revise the plans for the widening of Pine Ridge Road
--"'- to accommodate the Community School "School Entrance" warning signs and flashing
beacons on Pine Ridge Road. Signs will be required on the shoulder and in the median
both east and west of the school entrance. The work shall be done in accordance with
the applicable portions of FDOT Index No. 17344. The signs and beacons are assumed
to be standard roadside signs not cantilever design. Services are as follows:
7.1 Signing and Modify existing sheets.
Marking:
7.2 Electrical: Prepare new sheet for power supply.
7.3 Meetings: Meet with FPL for power locations.
PART 2. - PROJECT DESIGN SCHEDULE:
The project design schedule for design status submittals shall be modified as follows:
1. 100% Design Status:
----- Submit no later than 30 calendar days after receiving Notice to Proceed on this
Supplemental Agreement No. 7 from Collier County
P:\Transportation\148414\Scope of Services\prrscp SA No 7 CH2M 070799.doc AUG 0
07/14/99
Attachment A
Pine Ridge Road Supplemental Agreement No. 7
Page 7
July 7, 1999
2. Final Plan Submittal:
Submit no later than 60 calendar days after receiving Notice to Proceed on this
Supplemental Agreement No. 7 from Collier County.
PART 3. - EXCLUSIONS:
The following tasks are not included in the Scope of Work for this Supplement:
1. Services required to complete the following will necessitate additional
compensation.
Note Task 1:
Does not include design exception or design variance preparation or coordination.
Does not include any traffic study or interchange modification report activity.
Does not include any FDOT or FHWA coordination in Tallahassee.
Does not include significant permit coordination due to relocating ditches or wetland
impacts.
P:\Transportation\148414\Scope of ServicesXprrscp SA No 7 CH2M 070799.doc
07/14/99 ~0~ O 3 1999
PC...
ATTACHMENT B
PINE RIDGE ROAD (PN 60111)
SUMMARY OF SUPPLEMENTAL AGREEMENT No. 7
BASIC SERVICES ADDITIONAL SERVICES
TASK OUTSIDE TOTAL CH2M HILL OUTSIDE TOTAL
NO. TASK CH2M HILL SERVICES SERVICES
~ Task I - Southbound 1-75 Off-Ramp Design $40,208 $4,725 $44,933
u Task 2 - Revise Water Main 16" to 20" $3,813 $0 $3,813
m Task 3 - Permitting - Design Modifications $19,250 $0 $19,250
~v Task 4 - Existing Condition Modifications $19,085 $0 $19,085
v Task 5 - Northbound 1-75 On-Ramp Re-Design $14,544 $0 $14,544
w Task 6 - New Design Scope $3,113 $0 $3,113
w~ Task 7 - School Signals Design $7,093 $0 $7,093
TOTAL BASIC SERVICES FEE $107,106 $4,725 $111,831
TOTAL ADDITIONAL SERVICES FEE
mice ~sa7.xls/SA No. 7 Summary Page I 7/14/99 5:08 PM
Projedt No. 69101
S/A N0. 7
SUPPLEMENTAL AGREEMENT TO
CONSLILTING ENGINEERING SERVICES AGREEMENT
THIS SUPPLEMENTAL AGREEMENT, made and entered into this day of
1999, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of
the State of Florida, hereina~er called the COUNTY, and CH2M Hill of 4350 W. Cypress Street, Suite 600,
Tampa, Florida 33607-4155, duly authorized to conduct business in the State of Florida, hereinafter called the
CONSULTANT.
WITNESSETH
WHEREAS, the COUNTY and CONSULTANT heretofore on 19 April 1994 entered into an Agreement
whereby the COUNTY retained the CONSULTANT to furnished certain consulting services in connection with
proposed construction of C.R. 896 six laning improvements, (Jct. C.R. 31 to Jct. 1-75), County Project No.
60111; and,
WHEREAS, the County desires to modify the troths of said Agreement, and toward that end it is necessary
to:
EXPAND LIPON THE SCOPE OF SERVICES PREVIOUSLY AUTHORlED SPECIFICALLY
RELATING TO ADDITIONAL DESIGN PLANS PREPARATION, AND TO COMPENSATE THE
CONSULTANT FOR ADDITIONAL COSTS TO BE INCURRED FOR SAID ADDITIONAL SERVICES.
CONSULTANT'S FEE PROPOSAL FOR ADDITIONAL SERVICES DATED JULY 7, 1999, IS ATT,qI, CHED
HERETO AND IS HEREBY INCORPORATED AND MADE A FORMAL PART OF THIS
SUPPLEMENTAL NO. 7.
NOW THEREFORE, the Consulting Engineering Services Agreement is hereby amended and supplemented
as follows:
1. Consultant shall perform additional design services as described in Attachment "A".
2. Consultant's cost proposal for services described in Attachment "A" is provided in Attachment "B".
3. Contract fee adjustment and status (this Supplemental Agreement No. 7):
3.1 Original maximum contract fee = $395,365.00
3.2 S/A No. 1 = $125,000.00
3.3 S/A No. 2 = $ 9,291.00
3.4 S/A No. 3 = $194,420.00
3.5 S/A No. 4 = $186,092.00
3.6 S/A No. 5 = $ 34,954.00
3.7 S/A No.6 = $108,991.00
3.8 This S/A No.7 = $111,831.00
Maximum and current contract fee = $1,165,944.00
4. Contract time adjustment:
Increase 60 calendar days for design services.
5. Contract completion time to be determined by Notice to Proceed for the construction phase.
6. The revised and current lump sum contract amount as stated above includes costs for overhead, fringe
benefits, out-of-pocket expenses, profit margin, and all other direct and indirect costs and expenses.
7.Except as hereby modified, amended, or changed, all of the terms and conditions of said original
Consulting Engineering Services Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and ar tl~t~
, above ritten. ' AUG
Page 1 of 2 PG._
Project No. 69101
S/A N0.7
AS TO THE BOARD OF COUNTY C. )ix.: MISSIONERS:
AS TO FORM AND LEGAL SUFFIClt CY: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DAVID C. WEIGEL, t >UNT. R ATTOR] NrEY
BY:
Pamela S. Mac'Kie, Chairwoman
ATTEST:
Dwight E. Brock, Clerk of Courts
AS TO THE CONSULTANT:
CH2M HII
SIGNED, SEAl .El), AND DELIV~ RED
IN THE PRESENCE OF:
NESS (NAME WRITTEN) William.,J.t6'iarrier, P.Ej., Vice'President
""' (CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF HILl .SBOROUGH
Before me, the undersigned authority, thi , day personally appeared William J. Gramer to me well known
and known to me to be Vice President of the Cm ?oration named in the foregoing Agreement, and he severally
acknowledged to and before me that he exec.ted said Agreement on behalf of and in the name of said
Corporation as such officer; that the seal affi ted to said Agreement is the corporate seal of said Corporation and
that it was affixed thereto by due and regulaj Co porate authority; that he is duly authorized by said Corporation
to execute said Agreement and that said Agt, en .,znt is the t?ee act and deed of said Corporation.
IN WITNESS WHEREOF, I have her,:to set my hand z,, , - . ......ithls/.5~rl~. day
of __"'75~L, t .4 , A.D. 1999.
I
No]'~y Publi~in and for the County and State aforesaid.
My Commission Expires:
AUG 0 3 1999
Page 2 of 2 PC., / ~ '
EXECUTIVE SUMMARY
APPROVE A CONSTRUCTION PHASING AND GRANT APPLICATION PLAN
FOR EAST U.S. 41 LANDSCAPE IMPROVEMENTS BETWEEN DAVIS
BOULEVARD (S.R. 84) AND RATTLESNAKE HAMMOCK ROAD (C.R. 864).
OBJECTIVE: Board approval of a sequence and timing plan for design, construction,
and grant application stages for previously authorized East U.S. 41 landscape
improvements (approximately 2.9 miles in length).
CONSIDERATIONS: Consistent with prior Board approvals and directives, the
County's consultant is continuing with planning and design functions for landscape and
related streetscape improvements along East U.S. 41 between Davis Boulevard and
Rattlesnake Hammock Road. This highway beautification project is part of the Collier
County Streetscape Master Plan program, and normally would be submitted to the State
of Flqrida Highway Beautitication Council for grant award considerations. This East U.S.
41 beautification project has also been planned and authorized for implementation in two
distinct segments:
· Segment "A": Davis Boulevard to Airport-Pulling Road (1.2 miles); and
· Segment "B": Airport-Pulling Road to Rattlesnake Hammock Road (1.7 miles).
Since the Segment "A" highway was the first phase let for construction by FDOT for six
lane improvements (circa mid-year 1997), community members and staff originally
targeted Segment "A" as a priority in order to cost effectively construct various
streetscape elements as part of and concurrently with six laning improvements.
Streetscape elements which have been successfully installed in Segment "A" include:
_ 4, Architectural specialty lighting;
· Irrigation sleeves; and
4, Curbed traffic separators for future paver bricks.
Segment "A" six lane improvements by FDOT are forecast for completion by year end
1999, while the Segment "B" six lane construction commenced subsequent to the start of
Segment "A" and is now complete and open to full public use. Construction of the
County's two-phased landscape project was originally planned in a prioritized sequence to
generally coincide with FDOT's six lane construction program; namely, landscape
Segment "A" to start upon completion of six lane Segment "A" and landscape Segment
"B" to start approximately one year thereafter as a function of the State of Florida
Highway Beautification Council's grant award cycle.
The Highwa~ Beautification Council is now authorized to award a maximum of
$200,000 per landscape grant application in lieu of prior year individual awards in the
maximum permissible amount of $150,000. This increase in the grant threshold to
$200,000 becomes effective in the 2000-2001 fiscal year. These events coupled ,ii*h~0.~
AUG 0 3 1999
PC1. ,,~ __
Executive Summary August 3, 1999 Page 2
several new planning objectives have prompted staff to revise the original landscape
sequence and timing plan.
As to the prioritized sequence of landscape seemerits:
Staff recommends that the design, construction, and grant application stages be
sequenced as follows:
, Segment "B" as the priority one phase for construction.
· Segment "A" as the second phase for construction.
The westerly Segment "A" is proposed as the second phase construction for several
reasons:
1. Would yield adequate planning time to coordinate with three separate but critically
related highway beauti~cation and urban redevelopment projects (Bayshore Drive .~.
landscaping, Davig Boulevard redevelopment triangle, and U.S. 41 landscaping
improvements west of Davis Boulevard by the City of Naples); ~.
2. Critical streetscape elements already constructed as stated above;
3. Would not interfere with FDOT's six laning construction contract in progress;
4. Would enable Segment "B" landscape designs to be coordinated with a pathway
construction project between Airport-Pulling Road and Rattlesnake Hammock Road
which is currently in bid stage activities.
As to the timine of landscape construction and Ilrant application submittals:
The standard time cycle for processing grant applications by the Highway Beautification
Council and FDOT for Segments "A" and "B", irrespective of which segment proceeds to
construction first, is presented below:
· Pre-application design review submittal: 1 December 1999 and 2000
· Grant application submittal no later than: 1 February 2000 and2001
· Grant ranking and award decisions: 1 July 2000 and 2001
· Mail out Letter of Acceptance of award: 30 July 2000 and 2001
· Execution of Grant and Maintenance Agreements by: 1 October 2000 and 2001
· FDOT issuance of a Notice to Proceed to grantee by: 30 October 2000 and 2001
· Forecast landscape construction start by County: January 2001 and 2002
Thus, a typical landscape grant process requires approximately one year between
submittal of a formal application package (design completion) and the actual construction
start. There are three determinant factors which generally set the time schedule for
landscape projects along FDOT controlled highways:
· Amount and timing of Collier County appropriated budgets;
· Standard processing of grant applications; and
--'- · Community expectations on project time.
AUG 0 3 1999
Executive Summary August 3, 1999 Page 3
Three schedule options for construction of the "B"/"A" landscape sequence are as
follows:
Option Description Advantages Disadvantages
No. 1 Construct both "B and "A" Quickest implementation Only "B " is budgeted;
in FY 2000 of 2.9 mile project No grants, "B" or "A"
No. 2 Construct "B" in FY 2000 Near-term "B" is part of No grant for "B", but
and "A" in FY 2001 proposed FY 2000 budget "A" is possible
No. 3 Construct "B" in FY 2001 Maximum grant potential Construction is not
and "A" in 2002 (submit for "B"and "A") near-term
The attached bar chart schedule depicts the time frames associated with Option Nos. 1-3.
Staff recommends Option No. 2 based on the following:
. Strong public interest ti~ expedite/advance construction is understood to exist;
· Financing for' "B" already reflected in proposed FY 2000 budget and is not dependent
on grant revenue; "A" is included in the proposed FY 2001 budget;
· Construction cannot start until grants are awarded and agreements are executed, etc.;
· Uncertainty in receiving grant award for both "B" and "A" Segments.
~.,~FISCAL IMPACT: The recommendation Option, No. 2 includes construction of
_~ segment "B" (US 41 from Airport-Pulling Rd. to Rattlesnake Hammock Rd.) in FY00.
Funding in the amount of $522,000 is reflected in the FY00 Tentative Budget. Funds
will be available in the Road Construction District 3 Fund (104). In this option, there will
be no grant funding for segment "B", but grant funding for segment "A" (US 41 from
' Davis Blvd. to Airport -Pulling Rd.) is possible in FY01.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners: (1) Approve
landscape Segment "B" as the first and leading construction contract, followed by
Segment "A"; and (2) Authorize and direct staff to implement landscape Option No. 2,
which excludes a grant application for Segment "B" but includes a grant application
submittal for Segment "A", and results in forecast construction start dates of April 2000
January 2001 for Segments "B" and "A", respectively.
SUBMITTED_~Y: Date: '
Vladimir A. Ryziw, P.E., PMP, Project Manager III
Public Works Engineering Department
Executive Summary August 3, 1999 Page 4
REVIEWED BY: L/f;// Date:
JeffBibby, P.E., Director
g~neen g D artment
Pu ' orks E~ ' '
REVIEWED BY: / .,' flt [,,;r ? /? Date./7
Edward J. Kant, ~ ( ~rector
Tra ortation ' '
APPROVED BY:--~ Date: '~
Ed Ilschn6~, Public Works Administrator
Attachment: Timeline Exhibit
East US 4 1
Landscape Improvements
99 2000 2001
,D Ta.k ,,....e Qtr 3 I Qtr 4 C~tr
I ~struct Both "A" and "B" - No grants
2
3 ~nstruct "B"- No grant
4 Const~ct "A" - After grant '
5 Construct "A" if no grant awarded
6
7 ~nst~ct "B"- After grant
8 , Construct "B" if no grant awarded
9 Const~ct "A" - After grant
-
10 Const~ct "A" if no grant awarded
---- EXECUTIVE SUMMARY
AWARD PROFESSIONAL SERVICES AGREEMENT TO WATER RESOURCE
SOLUTIONS, INC. FOR ENGINEERING SERVICES RELATED TO AQUIFER
STORAGE AND RECOVERY OF RECLAIMED WATER, CONTRACT 99- 2926,
PROJECT 74030
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing
Board of the Collier County Water-Sewer District, award a contract related to developing an
aquifer storage and recovery system as an integral part of the County's overall effluent
management and reuse system.
CONSIDERATION: On June 8, 1999, agenda item 16(B)(5), the Board of County
Commissioners approved the final consultant ranking as recommended by the Consultant
Selection Committee and authorized staff to negotiate a Professional Services Agreement
with Water Resource Solutions to provide professional engineering services related to
Reclaimed Water Aquifer Storage and Recovery, Project 74030.
The scope of work is for engineering and hydrogeologic services related to storage and
recovery of reclaimed water. Services to be provided include design report, test drilling,
preliminary design, permitting, final design, construction bid services, construction contract
administration, detailed observation of construction, cyclical testing and performance
evaluations, and evaluation of other potential sites. The initial scope will focus on storage for
reclaimed water; however, the scope may be expanded to also include storage and recovery
of other sources of water, such as freshwater wells and surface waters ,as a supplemental
source of irrigation water.
Staff has negotiated scope and fees in the amount of $361,077.'00 for the first two phases of
the work. A breakdo~vn of the work tasks is as follows:
Phase I
A.2.8 Design Report $ 58,915
A.8 Test Drilling $232,049
A.2.11 Testing Report $ 31,266
Phase II
A.3. Preliminary Design $ 21,892
A.9 Permitting $ 16,955
Total Fee Phases I and II $361,077
Authorization for subsequent phases of the work will require approval by the Board.
FISCAL IMPACT: Funds in the amount of $361,077 are needed and are available in
County Sewer Capital Projects. The source of funds is user fees. . '.~~~
AUG O 3 1999
Executive Summary
Award Professional Serices Agreement, 99-2926
..-. Page 2
GRO~VTH MANAGEMENT IMPACT: This project is needed to meet current and future
effluent management needs in the north wastewater service area. Development of reclaimed
water storage facilities using aquifer storage and recovery is consistent with the 201
(Wastewater) Facilities Plan Update as adopted by the Board on July 22, 1997, agenda items
12(C)(4) and 12(C)(5). That plan included "expansion of the reuse system to provide
irrigation water based on using aquifer storage and recovery to provide 140 million gallons of
storage. Further investigation is needed to assess its feasibility for reuse water storage in
Collier County. The availability of cost-effective storage, such as ASR, will govern the
expansion of the reuse system to serve additional reuse customers."
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District, award a Professional Services
Agreement to Water Resource Solutions, Inc., to provide professional engineering services
related to Reclaimed Water Aquifer Storage and Recovery, Project 74030.
Karl W. Boyer, P.E., ~WED Senior Project Manager
-/L5/
REVIEWED BY: .~'2' ~,Uc-,~' 3,,.~':' ~4f.~ f~'C. Date:
Stephen Y. Camell, Purc~ii~g Director
REVIEWED BY: ,/;- "' Date:
Ydff Bibby, P.E., Public Works Engineering Director
Jo h.
APPROVED B Date:
Ed Ilschner, Public Works Administrator
Attachments: Professional Services Agreement (4 copies for signature)
PROFESSIONAL SERVICES AGREEMENT
RFP #99-2926
"ENGINEERING SERVICES FOR RECLAIMED
WATER AQUIFER STORAGE AND RECOVERY"
THIS AGREEMENT is made and entered into this day of
1999 by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Florida and ex-officio the governing board of the Collier County
Water-Sewer District, (hereina~er referred to as the "OWNER") and Water Resource
Solutions, Inc., a Florida corporation, authorized to do business in the State of Florida, whose
business address is 428 Pine Island Road S.W., Cape Coral, Florida 33991 (hereinafter
referred to as the "CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the professional engineering services of the
CONSULTANT concerning certain design services for Reclaimed Water Aquifer Storage and
Recovery (hereinafter referred to as the "Project"), said services being more fully described in
Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those services;
and
WHEREAS, the CONSULTANT represents that it has expertise in the type of
professional services that will be required for the Project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, the parties hereto agree as follows:
-~- AUG O 3 1999
ARTICLE ONE
CONSULTANT'S RESPONSIBILITY
1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of
the Project to which this Agreement applies.
1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the
Scope of Services described in detail in Schedule A. The total compensation to be paid
CONSULTANT by the OWNER for all Basic Services i~, set forth in Article Five and Schedule B,
"Basis of Compensation", which is attached hereto and incorporated herein.
1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement
all such licenses as are required to do business in the State of Florida and in Collier County,
Florida, including, but not limited to, all licenses required by the respective state boards and
other governmental agencies responsible for regulating and licensing the professional services
to be provided and performed by the CONSULTANT pursuant to this Agreement.
1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a
professional service which, under Florida Statutes, requires a license, certificate of authorization
or other form of legal entitlement to practice such services, it shall employ and/or retain only
qualified personnel to provide such services.
1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days
after receiving its Notice to Proceed, a qualified licensed professional to serve as the
CONSULTANT's project manager (hereina~er referred to as the "Project Manager'). The
Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT
with respect to directing, coordinating and administering all aspects of the services to be
provided and performed under this Agreement. Within five (5) calendar days from the Notice to
Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the
AUG 0 3 1999
OWNER a written statement, executed by the proper officers of the CONSULTANT,
acknowledging that the Project Manager shall have full authority to bind and obligate th~
CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT
agrees that the Project Manager shall devote whatever time is required to satisfactorily manage
the services to be provided and performed by the CONSULTANT hereunder. The person
selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior
approval and acceptance of the OWNER.
1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request
from the OWNER, to promptly remove and replace the Project Manager, or any other personnel
employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any
personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to
provide and perform services or work pursuant to the requirements of this Agreement, whom
the OWNER shall request in writing to be removed, which request may be made by the
OWNER with or without cause.
1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of
professional services that will be required for the Project. The CONSULTANT agrees that all
services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the
OWNER's review and approval and shall be in accordance with the generally accepted
standards of professional practice in the State of Florida, as well as in accordance with all
published laws, statutes, ordinances, codes, rules, regulations and requirements of any
governmental agencies which regulate or have jurisdiction over the Project or the services to be
provided and performed by CONSULTANT hereunder. In the event of any conflicts in these
requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best
professional judgment to advise OWNER regarding resolution of the conflict.
1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm ol
organization, without OWNER's prior written consent, or unless incide. ,o.0.m~,p/r~?.~..32~
U '
P
performance of the CONSULTANT's obligations hereunder, or in the course of judicial or
""'. legislative proceedings where such information has been properly subpoenaed, any non-public
information concerning the services to be rendered by CONSULTANT hereunder, and
CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to
comply with the provisions of this paragraph.
1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion
dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the
OWNER.
1.1 0. Evaluations of the OWNER'S Project budget, preliminary estimates of construction cost
and detailed estimates of construction cost prepared by the CONSULTANT represent the
CONSULTANT'S best judgment as a design professional familiar with the construction industry.
The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary
from any estimate of construction cost or evaluation prepared or agreed to by the
CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise
and modify Construction Documents and assist in the rebidding of the' Work at no additional
cost to OWNER, if all responsive and responsible bids exceed the estimates of construction
costs prepared by CONSULTANT.
1.1 1. CONSULTANT shall not be responsible for means, methods, techniques, sequences or
procedures of construction selected by contractors or the safety precautions and programs
incident to the work of contractors.
ARTICLE TWO
ADDITIONAL SERVICES OF CONSULTANT-
--- If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional
Services of the types listed in Article Two herein. These services will be paid fnr hv OWNER a~
U6 3 1999
indicated in Article Five and Schedule B. The following services, if not otherwise specified in
Schedule A as part of Basic Services, shall be Additional Services:
2.1. Preparation of applications and supporting documents (except those already to be
furnished under this Agreement) for private or governmental grants, loans, bond issues or
advances in connection with the Project.
2.2. Services resulting from significant changes in the'general scope, extent or character of the
Project or its design including, but not limited to, changes in size, complexity, OWNER's
schedule or character of construction; and revising previously accepted studies, reports, design
documents or Contract Documents when such revisions are required by changes in laws, rules,
regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated
prior to the preparation of such studies, reports or documents, or are due to any other causes
beyond CONSULTANT's control.
2.3 Preparation and submission of information to and necessary consultations with the Collier
County Transportation Department, Florida Department of Environmental Protection, Florida
Department of Transportation, South Florida Water Management District, U.S. Army Corps of
Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or
approvals for construction of the Project, unless such permits are expressly included in Basic
Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of
Services.
2.4 Providing renderings or models for OWNER's use.
2.5. Investigations and studies involving detailed consideration of operations, maintenance and
overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations,
rate schedules and appraisals; and evaluating processes available for licensing and assistin.
OWNER in obtaining process licensing. N0. .
-5- AUG 0'3'1i9 "
2.6. Furnishing services of independent professional associates and consultants for other than
the contract services to be provided by CONSULTANT hereunder.
2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER,
other than visits to the Project site or OWNER's office.
2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for
construction, materials, equipment or services, except as otherwise provided for herein.
2.9. Providing any type of property surveys, aerial photography or related engineering services
needed for the transfer of interests in real property and field surveys for design purposes and
engineering surveys and staking to enable contractors to proceed with their work and providing
other special field surveys.
2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise
provided for herein.
2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation,
or other legal or administrative proceeding, involving the Project (except for assistance in
consultations which are included as part of the Basic Services to be provided herein).
2.12. Additional services rendered by. CONSULTANTS in connection with the Project, not
otherwise provided for in this Agreement or not customarily furnished in accordance with
generally accepted engineering practice.
ARTICLE THREE
OWNER'S RESPONSIBILITIES
AUG 0 3 1999
PG. DO
'T" ,
3.1. The Owner shall designate in writing a project coordinator to act as OWNER's
representative with respect to the services to be rendered under this Agreement (hereinaff
referred to as the "Project Coordinator"). The Project Coordinator shall have authority to
transmit instructions, receive information, interpret and define OWNER's policies and decisions
with respect to CONSULTANT's services for the Project. However, the Project Coordinator is
not authorized to issue any verbal or written orders or instructions to the CONSULTANT that
would have the effect, or be interpreted to have the effect, of modifying or changing in any way
whatsoever unless approved, in advance, by the County Administrator or his designee:
(a) The time the CONSULTANT is obligated to commence and complete all such
services; or
(c) The amount of compensation the OWNER is obligated or committed to pay the
CONSULTANT provided that the change (or the sum of the changes) amounts
to ten percent (10%) or less of the current Board approved amount and does
not exceed $50,000.
3.2. The Project Coordinator shall:
(a) Review and make appropriate recommendations on all requests submitted by
the CONSULTANT for payment for services and work 'provided and performed
in accordance with this Agreement;
(b) Provide all criteria and information requested by CONSULTANT as to
OWNER's requirements for the Project, including design objectives and
constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations;
(c) Upon request from CONSULTANT, assist CONSULTANT by placing at
CONSULTANT's disposal all available information in the OWNER'S
possession pertinent to the Project, including existing drawings, specifications,
shop drawings, product literature, previous reports and any other data relative
to design or construction of the Project
-7- AUG 0 3 1999
(d) Arrange for access to and make all provisions for CONSULTANT to enter the
""' Project site to perform the services to be provided by CONSULTANT under
this Agreement; and
(e) Provide notice to CONSULTANT of any deficiencies or defects discovered by
the OWNER with respect to the services to be rendered by CONSULTANT
hereunder.
3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER
for CONSULTANT, may be provided during times that'are not the normal business' hours of the
CONSULTANT.
3.4. OWNER shall be responsible for the acquisition of all easements, property sites,
rights-of-way, or other property rights required for the Project and for the costs thereof, including
the costs of any required land surveys in connection with such acquisition.
""' ARTICLE FOUR
TIME
4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the
execution of this Agreement upon written Notice to Proceed from OWNER for all or any
designated portion of the Project and shall be performed and completed in accordance with the
Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the
essence with respect to the performance of this Agreement.
4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its
services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due
to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of
government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or
lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after
commencement of such delay, stating the cause or causes thereof, or be deemed to have
waived any right which CONSULTANT may have had to request a time extensioni"
-8- NO .~.)
AUG 0 3 1999
ps.
4.3. No interruption, interference, inefficiency, suspension or delay in the commencement r
progress of CONSULTANT's services from any cause whatsoever, including those for which
OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to
perform or give rise to any right to damages or additional compensation from OWNER.
CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to
its schedule. This paragraph shall expressly apply to claims for early completion, as well as
claims based on late completion. Provided, however, if through no fault or neglect of the
CONSULTANT, the services to be provided hereunder have not been completed within twenty-
four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably
adjusted, with respect to those services that have not yet been performed, to reflect the
incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four
(24) month period.
4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of th
services to be provided hereunder in a timely and reasonable manner, in addition to any other
rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and
option may withhold any and all payments due and owing to the CONSULTANT until such time
as the CONSULTANT resumes performance of its obligations hereunder in such a manner so
as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance
is or will shortly be back on schedule.
ARTICLE FIVE
COMPENSATION
5.1. Compensation and the manner of payment of such compensation by the OWNER for
services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled
"Basis of Compensation", which is attached hereto and made a part hereof.
ARTICLE SIX
OWNERSHIP OF DOCUMENTS ~ .o.
- Au~, r) ,t f999
6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans,
specifications, maps, evaluations, reports, computer assisted design or drafting disks and other
technical data, other than working papers, prepared or developed by CONSULTANT under this
Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its
own expense, may retain copies for its files and intemal use. OWNER agrees to indemnify and
hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys
fees incurred by CONSULTANT due to the OWNER's ~Jse of said records, documents, tracings,
plans, specifications, maps, evaluations, reports, computer disks and other technical data on
some other project unless such use is authorized by CONSULTANT.
6.2. With respect to and in consideration for the indemnification provided by OWNER in
paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $10.00, the sufficiency and
receipt of which is acknowledged through the signing of this Agreement.
ARTICLE SEVEN
MAINTENANCE OF RECORDS
7.1. CONSULTANT will keep adequate records and supporting documentation which concern
or reflect its services hereunder. The records and documentation will be retained by
CONSULTANT for a minimum of five (5) years from the date of termination of this Agreement or
the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or
representatives of OWNER, shall have the right to audit, inspect and copy .all such records and
documentation as often as they deem necessary during the period of th'is Agreement and
during the five (5) year period noted above; provided, however, such activity shall be conducted
only during normal business hours.
ARTICLE EIGHT
INDEMNIFICATION
8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is
acknowledged through the signing of this Agreement shall protect, defend, inlrr~if~'J~Ad~T~ld
·
Pa. /~
OWNER and its officers, employees and agents harmless from and against any and all losses,
penalties, damages, professional fees, including attorney fees and all costs of litigation a'
judgments arising out of any willful misconduct or negligent act, error or omission of the
CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or
incidental to the performance of this Agreement or work performed thereunder. The
consideration exchanged and the provisions of this paragraph shall also pertain to any claims
brought against the OWNER its officers, employees or agents by any employee of the named
CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly' or indirectly
employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be
limited in any way by the agreed upon contract price as shown in this Agreement or the
CONSULTANT'S limit of, or lack of, sufficient insurance protection.
8.2. CONSULTANT acknowledges that the general conditions of any construction contract
shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to
hold harmless and to defend OWNER, its agents and employees from all suits and actior
including attorney's fees, and all costs of litigation and judgments of any name and description
adsing out of or incidental to the performance of the construction contract or work performed
thereunder.
ARTICLE NINE
INSURANCE
9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract
Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this
Agreement.
ARTICLE TEN
SERVICES BY CONSULTANT'S OWN STAFF
10.1. The services to be performed hereunder shall be performed by CONSULTANT's ow
staff, unless otherwise authorized in writing by the OWNER. The employmeni of, cc~c,~."'=,th~
3 1999
or use of the services of any other person or firm by CONSULTANT, as independent consultant
--- or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this
Agreement shall, however, be construed as constituting an agreement between the OWNER
and any such other person or firm. Nor shall anything contained herein be deemed to give any
such party or any third party any claim or right of action against the OWNER beyond such as
may otherwise exist without regard to this Agreement.
ARTICLE ELEVEN
WAIVER OF CLAIMS
11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all
claims, except for insurance company subrogation claims, by it against OWNER arising out of
this Agreement or otherwise .related to the Project, except those previously made in writing and
identified by CONSULTANT as unsettled at the time of the final payment. Neither the
acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a
waiver of any of OWNER's rights against CONSULTANT.
ARTICLE TWELVE
TERMINATION OR SUSPENSION
12.1. CONSULTANT shall be considered in material default of this Agreement and such default
will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further
set forth in this section, for any of the following reasons: (a) failure to begin work under the
Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to propedy
and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the
bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT
or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws,
ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms
or spirit of this Agreement, or (f) for any other just cause. Th~ OWNER may so terminate this
Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written
.... notice.
-12- NO.~)
- AUG 0 3 1999
PG./,-/-
12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it
is determined for any reason that CONSULTANT was not in default, or that its default was
excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT
provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1
shall be deemed to be the notice of termination provided for in paragraph 12.3 below and
CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded
CONSULTANT under paragraph 12.3 below.
12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without
cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such
termination for convenience, CONSULTANT's recovery against OWNER shall be limited to that
portion of the fee earned through the date of termination, together with any retainage withheld
and any costs reasonably incurred by CONSULTANT that are directly attributable to the
termination, but CONSULTANT shall not be entitled to any other or further recovery against
OWNER, including, but not limited to, anticipated fees or profits on work not required to be
performed.
12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers,
records, documents, drawings, models, and other material set forth and described in this
Agreement.
12.5. The OWNER shall have the power to suspend all or any portions ofthe services to be
provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior
written notice of such suspension. If all or any portion of the services to be rendered hereunder
are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an
extension of time to its schedule in accordance with the procedures set forth in
Article Four herein.
ARTICLE THIRTEEN
)"
TRUTH IN NEGOTIATION REPRESENTATIONS .0.
AUG 0 3 1999
PG.
13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company
or person, other than a bona fide employee working solely for CONSULTANT, to solicit or
secure this Agreement and that CONSULTANT has not paid or agreed to pay any person,
company, corporation, individual or firm, other than a bona fide employee working solely for
CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Agreement.
13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the
CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto
and incorporated herein as Schedule E, stating that wage rates and other factual unit costs
supporting the compensation are accurate, complete and current at the time of the Agreement.
The CONSULTANT agrees that the original Agreement price and any additions thereto shall be
adjusted to exclude any significant sums by which the OWNER determines the Agreement price
was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit
costs. All such adjustments shall be made within one (1) year following the end of this
Agreement.
ARTICLE FOURTEEN
CONFLICT OF INTEREST
14.1. CONSULTANT represents that it presently has no interest and shall acquire no interest,
either direct or indirect, which would conflict in any manner with the performance of services
required hereunder. CONSULTANT further represents that no persons having any such
interest shall be employed to perform those services.
ARTICLE FIFTEEN
MODIFICATION
15.1. No modification or change in this Agreement shall be valid or binding upon the parties
. unless in writing and executed by the party or parties intended to be bound by it.-
-24- AUG 0 3 1999
ARTICLE SIXTEEN
NOTICES AND ADDRESS OF RECORD
16.1. All notices required or made pursuant to this Agreement to be given by the
CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United
States Postal Service Department, first class mail service, postage prepaid, return receipt
requested, addressed to the following OWNER's address of record:
Board of County Commissioners,
Collier County Florida
c/o Office of Capital Projects Management
3301 Tamiami Trail East
Naples, FI. 33962
Attention: Mr. Karl Boyer, P.E., Senior Project Manager
16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the
CONSULTANT shall be made in writing and shall be delivered by hand or by the United States
Postal Service Department, first class mail service, postage prepaid, return receipt requested,
addressed to the following CONSULTANT's address of record:
Water Resource Solutions, Inc.
428 Pine Island Road S.W.
Cape Coral, Florida 33991
Attention: Mr. Lloyd Horvath, P.E., President
16.3. Either party may change its address of record by wdtten notice to the other party given in
accordance with requirements of this Article.
ARTICLE SEVENTEEN
MISCELLANEOUS
17.1. CONSULTANT, in representing OWNER, shall promote the. best interest of OWNER and
assume towards OWNER a duty of the highest trust, confidence, and fair dealing.
-is- AUG 0 3 1999
PG. I"?' ,
17.2. No modification, waiver, suspension or termination of the Agreement or of any terms
"'- thereof shall impair the rights or liabilities of either party.
17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior
wdtten consent of OWNER.
17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed
to be a waiver of any other breach and shall not be construed to be a modification of the terms
of this Agreement.
17.5 The Project Coordinator shall conduct formal annual evaluations of the CONSULTANT'S
performance. The evaluation shall be based upon the terms and conditions of the contract,
quality of work, adherence to schedule, cost control and business practices. At minimum, two
evaluations shall be conducted, one at the mid-point (50 percent) and the final one at the
completion of Project. The evaluations will be forwarded to the OWNER's Purchasing
Department who will enter the evaluations into a Vendor Performance Evaluation System
database for future reference.
17.6. The headings of the Articles, Schedules, Parts and Attachments as contained in this
Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or
change the provisions in such Articles, Schedules, Parts and Attachments.
17.7. This Agreement, initially consisting of 47 continuously numbered pages including the
referenced Schedules and Attachments hereto, constitutes the entire agreement between the
parties hereto and shall supersede, replace and nullify any and all prior agreements or
understandings, written or oral, relating to the matter set forth herein, and any such prior
agreements or understanding shall have no force or effect whatever on this Agreement.
ARTICLE EIGHTEEN
APPLICABLE LAW
-z6- ~.UG~ ~, 3 1999
P
18.1. Unless otherwise specified, this Agreement shall be governed by the laws, rules, and
regulations of the State of Florida, and by the laws, rules and regulations of the United States
when providing services funded by the United States government. Any suit or action brought
by either party to this Agreement against the other party relating to or arising out of this
Agreement must be brought in the appropriate Florida state court in Collier County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services
Agreement for Engineering Services for Reclaimed Water Aquifer Storage and Recovery the
day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A POLITICAL
Dwight E. Brock, Clerk SUBDIVISION OF THE STATE OF FLORIDA
AND AS EX-OFFICIO THE GOVERNING
By: BOARD OF THE COUNTY WATER-
Date: 'Pa S. Mac'l~,Chairv~r~m~n ' '~""
Approved as to form and
legal sufficiency:
WATER RESOURCE SOLUTIONS, INC.
Assistant County Attorney'~)
By:
/,_; (Tyf)e Name): Lloyd Horvath
(Title): President
Witness
Witness
(CORPORATE SEAL)
AU6 0 3 1999
SCHEDULE A
-'-- SCOPE OF SERVICES
Schedule A consists of the following component Parts:
A.1. DESCRIPTION OF PROJECT
Basic Services (Lump Sum)
A.2. DESIGN REPORT
A.3. PRELIMINARY DESIGN
A.4. FINAL DESIGN
A,5. CONSTRUCTION BID SERVICES
A.6. CONSTRUCTION CONTRACT ADMINISTRATION
--- Basic Services (Time and Reimbursable Expenses)
A,7. DETAILED OBSERVATION OF CONSTRUCTION
Additional Services (Time and Reimbursable Expenses)
A,8. TESTING DRILLING
A.9. UIC PERMITTING
A.10. CYCLICAL TESTING AND ASR PERFORMANCE EVALUATIONS
A.11. OPERATIONAL PERMITTING
A.12. TESTING AND EVALUATION OF OTHER SITES
- AUG 0 3 1999
A.1. DESCRIPTION OF PROJECT.
Summary
The OWNER desires to implement an aquifer storage and recovery (ASR) system as an integral
part of the OWNER's reclaimed water reuse system.
The primary goal of the ASR system is to maximize reuse of reclaimed water. This will be
accomplished by storing excess reclaimed water on a daily basis during the 6 to 9 months of
average to lower-than-average irrigation demand periods and to recover varying amounts of
daily withdrawals during the 3 to 6 months of above-average to peak irrigation demand periods.
ASR has been identified as having the potential of offering a cost-effective means to provide
140 million gallons of reclaimed water storage. The OWNER is seeking the services of a team
of qualified professional engineers and hydrogeologists to provide all services of every kind
necessary to develop, obtain regulatory approval and implement an ASR system capable c
storing and recovering water suitable for irrigation. The OWNER is initially interested in stodng
reclaimed water; however, the scope may expand to also include storage and recovery of other
sources of water, such as freshwater wells and surface waters as a supplemental source of
irrigation water.
Details
The sequence of activities envisioned are to prepare a Technical Feasibility Report based on
test holes, secure the necessary regulatory permits, prepare contract documents for bidding,
evaluate bids, provide engineering services during construction, and provide technical support
services as-requested after construction is completed.
On January 12, 1999, the OWNER approved a funding agreement with the South Florida Water
Management District (SFWMD) for $200,000 towards the construction of a reclaimed water
ASR system at the North County Water Reclamation Facility. Per that agreement, construction
is to start by July 2000 and be completed by June 2001. Services to be provided will also
include grant coordination efforts with SFWMD.
Initially, the proposed ASR system will be situated so it can serve the immediate effluent
management needs of the North County Water Reclamation Facility. The OWNER owns and
operates two regional water reclamation facilities. Each facility currently operates reclaimed
water reuse systems which are independent of each other. The OWNER plans to complete
efforts to interconnect the two independent reclaimed water systems by the year .2003. The
proposed interconnect will enable the OWNER to transfer water between the existing North and
South service areas. Upon completion of the proposed reclaimed water interconnect, the ASR
system could serve both the North and South service areas. The proposed ASR system
location and design must take 'into consideration that the North and South service areas will be
interconnected.
Possible locations for the ASR system include, but are not limited to the following:
· Existing site of the North County Reclaimed Water Reclamation Facility
· Existing site of the County's Pelican Bay Irrigation Wellfield (near the future Livingston
Road alignment north of Immokallee Road)
· An undetermined site near the proposed Livingston Road crossing over the Golden
Gate Canal
The scope will include an initial assessment of hydrogeologic characteristics of these locations
as possible sites for an ASR system. A modification to the SFWMD Cooperative Grant Funding
Agreement may be required in the event that the recommended site is any site other than the
North County Water Reclamation Facility.
Related Documents
On July 22, 1997, the Board of County Commissioners, as ex-officio the governing board of the
.--. Collier County Water Sewer District, a'dopted a Draft 201 Facilities Plan Update, dated June
1997. As part of the adopted plan, the plan for effluent disposal facilities included "expansion of
-20- ~ H0.~
AU6 0 3 1999
the reuse system to provide irrigation water based on using aquifer storage and recovery to
provide 140 million gallons of storage. Further investigation is needed to assess its feasibil:'
for reuse water storage in Collier County. The availability of cost-effective storage, such
ASR, will govern the expansion of the reuse system to serve additional reuse customers.
In October 1997, a study was completed to determine if reclaimed water could be beneficially
used as a source of water for a salinity barrier system to protect the Lower Hawthorn Aquifer
from salt water intrusion. Brackish water produced from the Lower Hawthorn Aquifer is the
proposed public water supply for the OWNER's new 8-mgd reverse osmosis system at the
North County Regional Water Treatment Plant which is scheduled to go into production by April
1999. Whereas the technical feasibility of storing reclaimed water in underlying aquifers was
confirmed, the study determined that the degree of protection afforded by a salinity barrier
against salt water intrusion would be nominal.
A.2. DESIGN REPORT.
A.2.1. Obtain and review documents describing the reclaimed water facilities locations, al
future plans. Perform site visits. Evaluate the flows and assemble and evaluate historical water
quality information regarding the reclaimed water. The OWNER will provide effluent analysis
reports (EARs) describing historical water quality. CONSULTANT will identify any deficiencies
in the water quality data in order that appropriate sampling and analyses can be performed.
Any necessary laboratory work for reclaimed water analysis will be performed by the OWNER.
Sampling, as necessary, will be coordinated by the CONSULTANT. Wastewater treatment
plant process evaluations are not included in this work scope.
A.2.2. Identify, assemble, and evaluate the existing information regarding the hydrogeologic
character of the subsurface in the project area. Evaluate available groundwater quality and .
aquifer productivity data for potential ASR zones. Prepare maps and cross-sections to
delineate the extent of potential ASR zones.
-2z- AU6 0 3 1999
PG...-,?.~.
A.2.3. Develop a preliminary computer model for use in making evaluations regarding storage
zone options. This model will play an important role in making alternative storage zone
evaluations during Task A.2.10.
A.2.4. Develop alternatives and rank the potential sites for conducting the pilot ASR project
based on hydrogeologic factors and existing facility locations. It is anticipated that more than
one site will show good potential for ASR. Develop drilling and testing program details for the
recommended site. Conduct engineering hydrauli~ evaluations of existing and proposed
facilities for interconnections and pipeline routes as related to this project. Evaluate potential
locations. for project facility siting with respect to project development issues including right of
way, zoning, wetlands, noise, access and proximity to storage and repumping facilities and
availability of electric and reuse transmission facilities. A limit of two sites will be evaluated
under the stated budget. Precise wetland delineations are not included in the work scope.
A.2.5. Evaluate the need for potential pretreatment of the reclaimed water. Prepare
schematics of the facilities. If necessary consider alternative storage zones in lieu of higher
treatment. Treatment processes under this work scope are limited to pH adjustment or similar
treatment at the well site.
A.2.6. Conduct a preliminary evaluation to identify the issues associated with blending of
recovered water into the reclaimed water stream. Evaluate and recommend regarding methods
for maintaining the required water quality in the irrigation water including potential treatment of
the recovered water.
Evaluate the water quality issues associated with irrigation using a mildly brackish
blended water and present a recommendation regarding the maximum Salinity level of the
recovered water and its required blend ratio. Recommendations regarding this will be
presented at a meeting with Collier County staff. The OWNER will make a policy decision
regarding the acceptable quality of the irrigation water.
-22- AUG 0 3 1999
A.2.7. Prepare project plan and conduct a preapplication meeting with the FDEP to identify
the regulatory issues of the project, including treatment system modifications, and present ar
outline of the test program. Minutes of the meeting will be prepared and distributed to the
OWNER and all team members.
A.2.8. Prepare a Report which summarizes the data collected, the evaluation criteria, the
feasibility evaluations, including the preliminary computer modelling, the optional system
schematics, and appropriate conclusions and recommendations. The report will include
preliminary cost opinions for the facilities evaluated. Submit to the OWNER 4 copies of the
draft report and 6 copies of the final report.
A.2.9. Finalize drilling and testing plans and specifications and mobilize drilling equipment to
the site and set up all facilities for handling the drilling fluids and control discharges from the
well and site. Obtain regulatory approvals for test drilling and discharge of fluids.
A.2.10. Select the best ASR storage interval based on the available data, in conjunction with
the computer simulations using the previously developed model from Task A.2.3. after it has
been updated with the site-specific data obtained.
A.2.11. Prepare a report describing the results of the test program with recommendations.
Submit draft of the report to the OWNER, receive comments, and finalize the report. Present to
the OWNER 4 copies of each draft report and 6 copies of final reports. Present a summary
report of findings to the FDEP and finalized the report to be included under Task A.3.
A.2.12. Project management and communications. Regular meetings will be held to update the
project team and discuss results. A maximum of 6 project progress meetings are part of this
work scope. For the duration of Task A.8, provide OWNER with weekly reports describing the
work accomplished. Daily reports will be produced and available as requested.
-2s- AUG 0 3 1999
, II)G. ~,,.7'.'~
A.3. PRELIMINARY DESIGN.
Prepare all information for FDEP permitting of the ASR well. The supporting information will
include: 1 ) the required "area of review study"; 2) design documents for the ASR well; 3) drilling
specifications; 4) a computer model which demonstrates the anticipated three dimensional
extent and movements of the reclaimed water reservoir, as well as the anticipated water quality
for the recovered water. Submit the application package to the OWNER for review. Present to
the OWNER 4 copies of the draft application package and 6 copies of the final application
package.
A.4. FINAL DESIGN.
Final design of the ASR well and engineering for design of the surface facilities will be
determined pending completion of A.3.
.---- A.5. CONSTRUCTION BID SERVICES.
The scope of work will be determined pending completion of A.3.
A.6. CONSTRUCTION CONTRACT ADMINISTRATION.
The work scope for cyclical testing and evaluations will be developed pending completion of
A.3.
A.7. DETAILED OBSERVATION OF CONSTRUCTION
The work scope will be determined pending completion of A.3.
_ -24- AUG 0 3 1999
A.8. TEST DRILLING.
A.8.1. Conduct drilling and testing to an estimated depth of 900 feet, including packer testing
and coring at appropriate depths. Conduct geophysical logging, including all necessary tools
and techniques for making the appropriate analyses of the potential storage intervals and
confining layers. Short-term pumping tests will be conducted on potential storage intervals.
Conduct sampling and analysis of the groundwater. Provide full time observation and record
keeping regarding the field operations.
A.8.2. Complete the exploration well to use as a monitor well, complying with FDEP
requirements.
A.9. UIC PERMI'R'ING
A.9.1. Submit the FDEP permit application for the ASR well with all supporting data, and
preliminary designs. Provide response to agency questions and attend the appropriate FDEP
technical meetings and final hearing. Permit application fees will be paid by the OWNER.
A.9.2. Submit application for any exemptions from Secondary Drinking Water Standards and
negotiate on behalf of the OWNER regarding other water quality criteria and monitoring
parameters. The work scope is limited to meetings within the southwest Florida District of the
FDEP. Meetings with the FDEP in Tallahassee are not included in the work scope.
Water use permitting with the South Florida Water Management District is not part of
this work scope since it is not considered necessary at this time.
A.10. CYCLICAL TESTING AND ASR PERFORMANCE EVALUATIONS.
The work scope will be determined pending completion of A.3.
. -2s- AUG O 3 1999
A.11. OPERATIONAL PERMITTING.
The work scope will be determined pending completion of A.9.
A.12. TESTING AND EVALUATION OF OTHER SITES.
The work scope will be determined pending completion of A.3.
END OF SCHEDULE A
AUG 0 3 1999
SCHEDULE B
BASIS OF COMPENSATION
B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.2, A.3, A.4,
A.5 and A.6 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the
lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services".
B.1.2. Payment For Basic Services under Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A shall
be paid on a lump sum basis in accordance with set milestones as follows:
(a) the A.2.8 milestone shall be the submittal to OWNER of the Design Report
and CONSULTANT'S preliminary opinions of probable total Project and
construction costs.
(b) the A.2.11 milestone shall be the submittal to OWNER of the Test Program
and Recommendations Report and CONSULTANT'S preliminary opinions
of probable total Project and construction costs.
(c) the A.3 milestone shall be the submittal to OWNER of the FDEP Permit
Application Package and CONSULTANTS preliminary opinions of probable
total Project and construction costs.
(d) the A.4 milestone shall be the submittal to the OWNER of the final Contract
Documents after OWNER'S approval of detailed opinions of probable total
Project and construction costs.
(e) the A.5 milestone shall be the award of bids by OWNER.
(f) the A.6 milestone shall be the close-out of construction contract, final
inspection and submittal of record drawings and final report of variations
from the construction Contract Documents. '
B.1.3. Payment for Basic Services under Parts A.4 and A.6 of Schedule A shall be paid on
lump sum fee basis in equal monthly installments as follows:
- 2~,2/90 3_ 1999_
P ....
(a) payment for Basic Services under Part A.4 shall be paid monthly based
---- upon the final design time plus one month, the last payment to be twice the
others (i.e. a 6-month design time will yield 6 monthly payments; the first 5
of which will be equal to one-seventh (1/7) the fee shown on Attachment A
for Part A.4. Final Design). However, payments shall commence no sooner
than thirty (30) days after approval and acceptance by OWNER of the
Preliminary Contract Documents and shall occur no more often than
monthly, except last payment due'for the services provided under Part A.4.
(i.e. twice the previous monthly payments) shall not be made until approval
and acceptance by OWNER of the preliminary Contract Documents under
Part A.4.
(b) payment for Basic Services under Part A.6 shall be paid on a monthly basis
based upon the construction time plus three months, the last payment to be
twice the others (i.e. a 7-month construction schedule will yield 10 monthly
payments; the first 9 of which will be equal to one-eleventh (1/11 ) the fee
shown on Attachment A for Part A.6 Construction Contract Administration).
However, payment shall commence no sooner than thirty (30) days after the
Notice to Proceed to the contractor and shall occur no more often than
monthly, except the last payment due for the services provided under Part
A.6 (i.e. twice the previous monthly payments) shall not be made until the
close-out of construction contract, final inspection and submittal of record
drawings and final report of variations from the construction Contract
Documents under Part A.6. Services in excess of the fee shown on
Attachment A for Part A.6 Construction Contract Administration not due to
delay caused by CONSULTANT shall be considered Additional Services.
B.2.1. As consideration for providing Basic Services under Part A.7 entitled "Detailed
Observation of Construction" and for properly approved Additional Services set forth in Artic
Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of
Additional Services", OWNER agrees to pay and CONSULTANT agrees to accept payment on a
time and reimbursable cost basis. Payments for Part A.7 services and properly approved
Additional Services shall be made monthly on a time and reimbursable cost basis computed in
accordance with either Attachment B entitled "Consultant's Employee Hourly Rate Schedule" for
employees working under this Agreement or Attachment C entitled "Consultant's' Estimate of
Additional Services". Payment shall be made monthly on an as needed basis, not to exceed 40
hours per person per week. Payment for services performed by individuals beyond 40 hours
per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to
Attachment IB provided such overtime work is approved by OWNER in advance whenever
possible and not due to CONSULTANT'S own fault or neglect.
B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTAN'
while providing Basic Services under Part A.7 or Additional Services under Parts A.8. through
A.12., in the interest of the Project, listed in the following sub-paragraphs:
(a) expenses for transportation and subsistence incidental to out-of-town travel
required by CONSULTANT and directed by OWNER, other than visits to the
Project Site or OWNER's office;
(b) expenses for preparation, reproduction, photographic production
techniques, postage and handling of drawings, specifications, bidding
documents and similar Project-related items in addition to those otherwise
required in Parts A.2, A.3, A.4, A.5 and A.6 of Basic Services;
(c) when authorized in advance by OWNER, except as specifically otherwise
provided herein, the expense of overtime work requiring higher than regular
rates; and
(d) expenses for renderings, models and mock-ups requested iy ~
AUG 0 3 1999
J/
--'- B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include
expenditures, except as otherwise described in paragraph B.2.2, such as:
(a) expenses for transportation and subsistence;
(b) overhead, including field office facilities;
(c) overtime not authorized by OWNER; or
(d) expenses for copies, reproductions, postage, handling, express delivery,
and long distance communicationS.
B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in
the scope of the project being approved by the Board of County Commissioners for Collier
County Florida as ex-officio as the governing board of the Collier County Water-Sewer District.
B.3.2. Detailed Construction Observation work performed under Part A.7. and Additional
Services under Parts A.8. Through A.12., shall be paid as substantiated to the limits shown in
Attachment C, but not to exceed the sum of those figures without execution of an appropriate
Agreement amendment.
B.3.3. Payments will be made for services rendered, no more than on a monthly basis, within
thirty (30) days of submittal of an approvable invoice. The number of the purchase order by
which authority the services have been made, shall appear on all invoices. All invoices shall be
reasonably substantiated, identify the services rendered and must be submitted in triplicate in a
form and manner required by OWNER.
B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services,
Attachment B - Consultant's Employee Hourly Rate Schedule, and Attachment C - Consultant's
Estimate of Additional Services, each attached to this Schedule B are incorporated herein and,
will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this
Agreement.
,': 'AA ~
-30- N0
- A
B.3.5. As compensation for coordinating subconsultant activities for OWNER, CONSULTANT
shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost
services rendered under Part A.7 and Additional Services under Parts A.8. through A. 12. For
the purposes of this provision the actual cost of services rendered shall not include any mark-up
between the vendor who actually performed the services and any sub-consultant. No
administrative fee or mark-up shall be paid in conjunction with the provision of Basic Services as
set forth in Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A.
B.3.6. The time and reimbursable cost sum figures in Schedule B - Attachment C shall not be
Exceeded without a change in scope of the PROJECT being approved by the County
Administrator or his designee.
NO A~A
AUG O 3 1999
PG, ~
SCHEDULE B - A'FFACHMENT A
""' SCHEDULE OF FEES FOR BASIC SERVICES
A.2.8 Design Report Lump Sum: $58,915.00
A.2.11 Testing and Recommendations Report Lump Sum: $31,266.00
A.3 Preliminary Design Lump Sum: $21,892.00
-32- H0 .~
AUG 0 3 1999
SCHEDULE B - A'I'i'ACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Principal $120/hour
Senior Hydrogeologist 11 $100/hour
Senior Hydrogeologist I $ 90/hour
Senior Engineer II $110/hour
Senior Engineer I $ 90/hour
Senior Scientist II $110/hour
Senior Scientist I $ 90/hour
Project Hydrogeologist II $ 90/hour
Project Hydrogeologist I $ 75/hour
Project Engineer II $ 85/hour
Project Engineer l $ 75/hour
Project Scientist II $ 85/hour
Project Scientist l $ 75/hour
Hydrogeologist II $ 70/hour
Hydrogeologistl $ 65/hour
Engineer II $ 60/hour
Engineer l $ 55/hour
Geologist II $ 60/hour
Geologist l $ 50/hour
Scientist I1 $ 60/hour
Scientist l $ 50/hour
Senior Technician $ 55/hour
Technician II $ 50/hour
Technician l $ 45/hour
CADD Services $ 50/hour
Office Manager $ 40/hour
Support/Document Preparation $ 38/hour
AUG 0 3 1999
PG. c~"
SCHEDULE B - ATTACHMENT C
"' CONSULTANTS ESTIMATE OF ADDITIONAL SERVICES
TASK A.8 TASK A.9
STAFF LEVEL RATE HOURS AMOUNT HOURS AMOUNT
WRS Inc. $/hr
Principal $120 37 -. $4,440 11 $1,320
Senior Scientist/PM $110 64 $7,040 108 $11,880
Senior Hydrogeologist $95 84 $7,980 20 $1,900
Hydrogeologist $65 448 $29,120 0 0
CADD Designer $48 0 0 2 $96
Office Admin./Docum $38 22 $836 13 $494
.,_, Subconsultants 0 $1,150
Ddlling Contractor $166,030 I
10% markup 16,603 $115
SUBTOTAL I $232,049 $16,955
TOTAL TASKS A.8 AND A.9 ESTIMATED COSTS: $249,004.00
-34- AUG 0 3 1999
SCHEDULE B - ATTACHMENT C
- CONTINUED -
TASK A.8. TEST DRILLING COST ESTIMATE
Estimate Unit Amount
Item Description Unit d Price
Quantity
1 Mobilize and construct drilling pad to Lump I 23,000.00 23,000.00
manage fluid. (Compacted earth pad
with plastic liner.)
2 Install surface casing as necessary- Lump I 4,500.00 4,500.00
depth determined by driller (minimum
30 feet).
3 Drill 6-inch pilot hole 420 feet. Feet 420 15.00 6,300.00
4 Ream pilot hole to 20-inches 420 feet.Feet 420 21.00 8,820.00
5 Install 420 feet of 12-inch (PVC) Feet 420 35.00 14,700.00
casing.
6 Grout lower 100 feet with neat Sacks 149 30.00 4,470.0n
cement.
7 Grout to land surface with 4 percent Sacks 464 35.00 16,240.00
bentonite.
8 Drill with reverse-air to 500 feet. Feet 80 30.00 2,400.00
9 Set submersible pump and conduct 4 Lump 1 3,200.00 3,200.00
hour test (250 gpm).
10 Drill with reverse-air to 900 feet. Feet 400 30.00 12,000.00
11 Set single packer at 3 intervals duringEach 3 4,000.00 12,000.00
above drilling (Item 10) and conduct 4
hour pumping test below packer.
12 Plug back borehole with cement to Feet 100 30.00 3,000.00
800 feet.
13 Install sand to 740 feet. Feet 60 30.00 1,800.00
14 Install 740 feet of 6-inch (PVC) casingFeet 740 35.00 25,900.00
and grout to land surface.
15 Drill out sand and develop well for 6Lump 1 7,000.00 ~ 7,000.r
hours. ·
-35- I .o.~)'
AU6 0 3 1999
SCHEDULE :B - ATTACHMENT C
----- - CONTINUED -
Estimate Unit Amount
Item Description Unit d Price
Quantity
16 Demobilize and clean site. Lump 1 900.00 900.00
17 Geophysical Logging Suite A (caliper, Lump 2 2,200.00 4,400.00
electric LSN, gamma).
18 ~ Caliper log individual. Lump 2 1,000.00 2,000.00
19 Geophysical Logging Suite B (sonic, Lump I 2,800.00 2,800.00
temperature, fluid resistivity).
20 ~ Callper log with deviation survey. Lump I 1,200.00 1,200.00
21 ~ Down hole fluid sampling (3 samples). Lump . 1 1,200.00 i 1,200.00
22 I Wellhead completion. Lump I I 1,200.00 ~ 1,200.00
23 ~ Coring (per 10 foot core). Lump ~ 2 3,000.00 ! 6,000.00
'~""' 24 I Standby time. Hours i 20 50.00I 1,000.00
Task A.8 Subtotal: S166,030.00
Contractor Mark-up 10%: 16.603.00
Estimated Totah $182,633.00
END OF SCHEDULE B
-36- N0 .~
AUG 0 3 1999
SCHEDULE C
PROJECT SCHEDULE
Deliverable Description Completion Time
A.2.8. Conduct Tasks A.2.1 through A.2.8 Two (2) months from authorization to
and present draft report described in proceed.
Task A.2.8.
A.2.8 Final Report Task A.2.8 . Ten days from receipt of comments
from the OWNER.
A.2.11 Complete Exploration Drilling and Four months from acceptance by the
present draft reports of testing resultsOWNER of the report from Task A.2.8.
described in Task A.2.11.
A.2.11 Finalize Report Task A.2.11 Two weeks from receipt of comments
by OWNER.
A.3 Submit to the OWNER a draft of the One month from submittal of the final
FDEP permit applications for the ASR report A.2.11.
well and the application for exemptions
Task A.3.
A.3 Submittal of UIC permit application One week from receiving comments
and requests for exemptions to the from the OWNER.
FDEP.
END OF SCHEDULE C
AUG 0 3 1999
SCHEDULE d
----, INSURANCE COVERAGE
(1) The amounts and types of insurance coverage shall conform to the following
minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements
or their equivalents.
(22) The insurance required by this Agreement shall be written for not less-than the limits
specified herein or required by law, whichever is greater.
(3) Coverages shall be maintained without interruption from the date of commencement
of the work until the date of completion and acceptance of the Project by the Owner or as
specified in this Agreement, whichever is longer.
(4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the
Owner within ten (10) calendar days after Notice of Award is received by Contractor/Consultant/
Professional. Such certificates shall contain a provision that coverages afforded under the
policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice
has been given to the Owner.
(5) All insurance coverages of the Contracto~Consultant/Professional shall be primary to
any insurance or self insurance program carried by the Owner applicable to this Project.
(6) The acceptance by Owner of any Certificate of Insurance does not constitute
approval or agreement by the Owner that the insurance requirements have been satisfied or
that the insurance policy shown on the Certificate of Insurance is in compliance with the
requirements of this Agreement.
-38- N0..~
AUG 0 3 1999
~,s.
(7) Contracto~ConsultantJProfessional shall require each of its subcontractors to procure
and maintain, until the completion of the subcontractor's work, insurance of the types and to th
limits specified in this Section unless such insurance requirements for the subcontractor ar~
expressly waived in writing by the Owner.
(8) Should at any time the Contractor/Consultant/Professional not maintain the insurance
coverages required herein, the Owner may terminate the Agreement or at its sole discretion
shall be authorized to purchase such coverages and charge the Contractor for such coverages
purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be
responsible for the coverages purchased or the insurance company or companies used. The
decision of the Owner to purchase such insurance coverages shall in no way be construed to be
a waiver of any of its rights under the Contract Documents.
(9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the
completion of the Work or termination of the Agreement, the Contractor / Consultant
Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of
Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of
the Contractor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate the Agreement.
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY
Required by this Agreement? (check one) X Yes ~ No
(1) Workers' Compensation and Employers' Liability Insurance shall be maintained by
the Contracto~Consultant/Professional during the term of this Agreement for all employees
engaged in the work under this Agreement in accordance with the laws of the State of Florida.
The amounts of such insurance shall not be less than:
. -39- AUG O 3 1999
-,-//
a. Worker's Compensation - Florida Statutory Requirements
.-"-- b. Employers' Liability (check one)
$100,000 Each Accident
$500,000 Disease Aggregate
$100,000 Disease Each Employee
$1,000,000 Each Accident
$1,000,000 Disease Aggregate
$1,000,000 Disease Each Employee
(2) The insurance company shall waive its Rights of Subrogation against the Owner and
the policy shall be so endorsed.
(3) United States Longshoreman's and Harborworker's Act coverage shall be maintained
where applicable to the completion of the work. (check one)
__ Applicable X Not Applicable
(4) Maritime Coverage (Jones Act) shall be maintained where applicable to the
completion of the work. (check one)
__ Applicable X Not Applicable
COMMERCIAL GENERAL LIABILITY
Required by this Agreement? (check one) X Yes ~ No
(1) Commercial General Liability Insurance shall be maintained by the
Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury,
Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent
-40- [ NO..~
AUG O 3 i999
Contractors, Broad Form Property Damage including Completed Operations and Products and
Completed Operations Coverage. Products and Completed Operations coverage shall b'-
maintained for a period of not less than five (5) years following the completion and acceptancb
by the Owner of the work under this Agreement. Limits of Liability shall not be less than the
following: (check one)
General Aggregate $300,000
Products/Completed Operations Aggregate $300,000
Personal and Advertising Injury $300,000
Each Occurrence $300,000
Fire Damage $ 50,000
General Aggregate $500,000
Products/Completed Operations Aggregate $500,000
Personal and Advertising Injury $500,000
Each Occurrence $500,000
Fire Damage $ 50,000
X General Aggregate $1,000,000
Products/Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
(2) The General Aggregate Limit shall apply separately to this Project and the policy
shall be endorsed using the following endorsement wording. "This endorsement modifies
insurance provided under the following: Commercial General Liability Coverage Part. The
General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your
projects away from premises owned by or rented to you."
(3) If the General Liability insurance required herein is issued or renewed on a "claims
made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no
later than the commencement date of the Project and shall provide that in the event of
cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims sh~'
be no less than three (3) years.
- AU6 0 3 1999
--. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed
that such coverage shall be primary to any similar coverage carried by the Owner.
(5) Coverage shall be included for explosion, collapse or underground property damage
claims.
(6) Watercraft Liability coverage shall be carried at the limits shown above if applicable
to the completion of the work under this Agreement. (check one)
Applicable .X. Not Applicable
(7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if
applicable to the completion of the work under this Agreement. (check one)
Applicable X Not Applicable
PROPERTY INSURANCE - BUILDERS RISK
(1) Property Insurance Builders Risk coverage shall be carried by the Owner if
applicable. (check one)
__ Applicable X Not Applicable
(2) The Owner shall purchase and maintain in a company or companies lawfully
authorized to do business in the State of Florida and in Collier County, property insurance in the
amount of the initial Contract Sum as well as subsequent modifications thereto for the entire
Work at the site on a replacement cost basis without voluntary deductibles. Such property
insurance shall be maintained, unless otherwise provided in the ContracI ",..,~c ..... -~'- -r
AUG 0 3 1999-
otherwise agreed in wdting by all persons and entities who are beneficiaries of such insurance,
until final payment has been made or until no person or entity other than the Owner has P'
insurable interest in the property required to be covered, whichever is earlier. This insuranc,.
shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and
Material Suppliers in the Work.
(3) Property insurance shall be on an all-risk policy form and shall insure against the
perils of fire and extended coverage and physical loss or damage including, without duplication
of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary
buildings and debris removal including demolition occasioned by enforcement of any applicable
legal requirements, and, at the Owner's option, shall cover reasonable compensation for
Professional's services and expenses required as a result of such insured loss. At the Owner's
option, flood insurance will also be purchased.
(4) The property insurance provided by the Owner requires minimum deductibles and tl-
Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor
for any deductible associated with the all-risk policy described above shall be limited to a
maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of
the Contract Documents. The responsibility of the Contractor for any deductible associated with
the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum
of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the
Contract Documents.
(5) This property insurance shall cover portions of the Work stored off the site after
written approval of the Owner at the value established in the approval, and also portions of the
Work in transit.
(6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing ar
maintaining boiler and machinery insurance required by the Contract Documents or bv law._
-43-
AUG o 3 1999
which shall specifically cover such insured objects during installation and until final acceptance
.--. by the Owner. If purchased this insurance shall include interests of the Owner, Contractor,
Subcontractors and Sub-subcontrators in the Work.
(7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each
other and any of their subcontractors, sub-subcontractors, agents and employees, each of the
other, and (2) the Professional, Professional's consultants, for damages caused by fire or other
perils to the extent covered by property insurance obtained pursuant to this or other property
insurance applicable to the Work, except such dghts as they have to proceeds of such
insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by
endorsement or otherwise.
(8) A loss insured under Owners property insurance shall be adjusted by the Owner as
fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may
"' appear.
(9) If Builders Risk coverage is applicable the Contractor shall be responsible for the
following maximum deductibles per occurrence per paragraph (3) above. (check one)
__ All Risk Policy - $1,000 maximum deductible
__ All Risk Policy - Maximum deductible of $
__ Flood Policy - $1,000 maximum deductible
__ Flood Policy - Maximum deductible of $
-44- NO.~
AUG 0 3 1999
PG,~
AUTOMOBILE LIABILITY INSURANCE
Required by this Agreement? (check one) X Yes __ No
(1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant /
Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle
with limits of not less than: (check one)
X Bodily Injury & Property Damage - $ 500,000
__ Bodily Injury & Property Damage - $1,000,000
(2) The Owner shall be named as an Additional Insured under the policy.
UMBRELLA LIABILITY
(1) Umbrella Liability may be maintained as part of the liability insurance of the
Contracto~Consultant/Professional and, if so, such policy shall be excess of the Employers'
Liability, Commercial General Liability and Automobile Liability coverages required herein and
shall include all coverages on a "following form" basis.
(2) The policy shall contain wording to the effect that, in the event of the exhaustion of
any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply
as primary insurance.
(3) The General Aggregate limit, if applicable, shall apply separately to this project and
the policy shall be so endorsed.
PROFESSIONAL LIABILITY INSURANCE
AUG 0 3 1999
.,- ,-7'7
Required by this Agreement? (check one) X_ Yes ~ No
(1) Professional Liability Insurance shall be maintained by the Consultant/Professional to
insure its legal liability for claims arising out of the performance of professional services under
this Agreement. Such insurance shall have limits of not less than: (Check One)
~ $ 500,000 each claim and in the aggregate
X $1,000,000 each claim and in the aggregate
__ $2,000,000 each claim and in the aggregate
~ $ each claim and in the aggregate
(2) Any deductible applicable to any claim shall be the sole responsibility of the
Consultant/Professional and shall not be greater than $50,000 each claim.
(3) The Consultant/Professional shall continue this coverage for this Project for a period
of not less than five (5) years following completion and acceptance of the Project by the Owner.
END OF SCHEDULE D.
· .46- "'~NO.~)~
- L~!~L3 1999
SCHEDULE E
TRUTH IN NEGOTIATION CERTIFICATE
In compliance with the Consultants' Competitive Negotiation Act, Section 287.055,
Florida Statutes, Water Resource Solutions, Inc. hereby certifies that wages, rates and other
factual unit costs supporting the compensation for the engineering services of the
CONSULTANT to be provided under the Professional Services Agreement, concerning
engineering services for Reclaimed Water Aquifer. Storage and Recovery are accurate,
complete and current as of the time of contracting.
Water Re ource Solutions, Inc.
Lloyd Horvath, President
DATE:
Revised: JUNE 3, 1997 AC
07/20/99 10:05 I~'911 597 0490 MARSIt-NAPLES ~002,'002
ACORD CERTIFICATE OF LIABILITY INSURANCE
~ocu=m THIS CErtiFiCATE 18 ISSUED AS A MATTER OF INFORMATION
H a r S h U 5 A ir fi c . ONLY AND CONFERS NO RIGHTS UPON THE CErrlRCATE
5 8 0 1 P e I i; a n B a y B 1 v d. S t e 4 C (~ HOLDER. THIS CERTIFICATE DOES NOI' AFUIEND, EXTEND Or1
C ~ B o x q ] 30 0 3 ' ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Naples, FL 34101-3003
t ~~ INSURERS AFFORDING COVERAGE
r4SURERB: Transcontinental Insuran.c_e_-
)Water I~e;ource Solutions Znc. 8~ Steadfast Insurance Co.
4 2 8 P ~ n e Z s 1 a n d R o a d ~u~e, o; ""
Cape Coral FL 33991 ~: --
COVERAGES
THE POLiCIeS OF IINSUfiAhC~ LLiTED BELOW flArE BEEN 'SSLED TO THE INSURED NA,ME~A)OVE FOR THE POLICY PERIOD INDICATED. 4OTW1TMSTAh~
ANY REQUIREMENT, TEaM OR CONDITeON OF ANY CONTRAC' O~ OTHE~ DOCIJM{NTWITH/BEiSPEC~'9'O WHICH THIS CERTIFICATE
mVlAy PEFiTAIN, T~=, INSURANCE AFFORDED BY THE ~'0L1CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDZTIOh, SOP S~ ·
POLICIES. AGGREGATE LIMITS SHDWNI MAY HAVi BEIN ~;DUC[~ 8Y PA~D CLAIMS.
~ TYPE OF INBUIqANmC~ ~ ~ ~
.......
/4GENEP. N.,'~a.,q'~ G L02 B 11504
g / 24 / g B g / 24 / g ~ o~u.R~¢e I~
-
0EN'L AGG~[~AT~ LJM T A~:LIE~ PEF~
~._._~ ANy A~O ' .. ___
ALL OW~E~ AU'~ FI~=}~ [P~L'/~Y
i PPCREr'Y (~AMA3E
AUTO ONLY: A~ ~ ~
~ ~ S U O 2 B 115 O E 9 / 2 4 / g g / 2 4 / g ~. CUn~N:S ~S ~ 0 C 0 0 0 C
lO00O
PRDF. L]AB~LZTY ~ PEC281ZSOZ 9/2~/g 9/Z4/9 2000000 ',
[ACH CLAX~
CERTIFICATE ~DLDE~ ~5 AN ADD]TZONAL INSURED
GI;:I"II|F1CATEHOm.-DE'lq ~ X
,tHOUtD ANY OF
COLL]ER COUNTY BOARD OF
COrTM]5IOM~R5
,°TTr~: KARL
330]. EAST TAH]AMI TRAZL · ,"=~ENT^
'A'G[NI~A ~TE ' '
ACORD 2S-S (7/9/) Pag~ 1 of 2 ,~ ' ! ~ -'~~ '
C.~te of In~u~a_~ce
TMiSCt1RTiRCA~i!iSL~b~,~_JASAWLATTSROFi~Rb~ATi~ONLyANDO~~~OU~~CA~HOLD~ TI~CERTI~CATSI~NC)T
~ 1~;1 ~ A ~' t'~ ~l ]t 'Y A ~D ~ NOT ~, ~. OR ~ ~ C~ ~FO~D~ ~ T~ ~S ~D ~SLOW.
~ds is to Certify that
p~SiL~DiI-IEA~]tJA~DLL~DP~~OF~ Na~e ~d
~F ACDUlC~I'rI~N. L~C. ~ mE ~ P~ ~ ~ ad~ss of
~C~550R COi~'UP~'IlU~
~ 301 ~OtJ~VARI) Wl~51', SU~ 2~
B~D~N~N, FIDIUDA
I~. st the i~uu oute ot thl~ ce~fi~, insured ~ t~e Comp~ ~der ~e NIl~(lesl I~d below. The Insurance a~orde~ Dy the
It~ed policy(inn} in ~;ubj~ct to all ~eir terms, ~lu~a~ ~d mnd~ons End 1~ n~ al~ ~ a~ maulroment. form ot condiXon
,~ifi~te ' be I~ued.
RRV CORtf;IUt Or othc~r docUmont WIIR ~8p9CI ~ WRIm [rob ~ru.~u e.~T uo
' ' CER~ATE EXP. DATE
~p~ OF PO~CY * ~ CO~INUOUS POLICY NUMBER LIMIT OF LIABILI~
G ~NDED
~ POLICY ~RM ..
~ A~u,~ Un~r WC : EMPLOYERS LIABIL~
R~lly lnlu~ By ~cldent
WA1 ~5D-00~110-299 Sl .ooo,o9o. _.
WORKERS 1-1-2000 B~lty In]uW By Dt~e
COMP~NSA~ON WC1-651-0~110-019 ~ S.~. ~;~ $~ .O~.O00.
Bodily InJu~ ~ D~eue
$1 ,O~,OOO. ~'
-- ea~ ~ggmg~er ~'Pm~om~etem
GENERAL
RFT3RAT~ ~ ~l~y mJU~ ~ Pmpe~ Do~go UoDIII~y
.
Po~ an~ ~e~mg ~nlu~ Per
~ OCCURRENC5 O~en ~ Otnec
.
-- - Each A~ldont · S~e ~mlt -
AUTOMOQI~ D.I. and P.O.
LIABILITY .... EDen Pomon
Q OWNED
~ ' Euch A~t~ent or
Q NON~WNED
E~ Ac~tdent or
~ HIRED
E~E~iiVE DATE.'
EMPLOY EES L~SED TO: t' 01/01
13064 :
~ATER RESOURCE 50LUTIONE, INC.
.
~ Llbe~ Mu~ Group
CERTIFICA~ COLLIER COUNTY BD OF COUNTY CO~~:~551ONER TaRE
HOLDER ATTN: K~RL BOYER . :~';~ 'L. : A~D~Z~D REPREBENTAT,~}i~/~
PUBLIC ~ORKS ENGINEERING D~pJ. ~ n ~ 8o~ol ....
3301 E. TAMIAMI TRL, BLDG
~APLE5 , FL 34112
EXECUTIVE SUMMARY
APPROVE AMENDMENT 8 TO PROFESSIONAL SERVICES AGREEMENT WITH
HOLE, MONTES & ASSOCIATES, INC., FOR ENGINEERING SERVICES
RELATED TO IMPROVEMENTS AT THE SOUTH COUNTY WATER
RECLAMATION FACILITY, RFP 93-2121, PROJECT 73916
OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing
Board of the Collier County Water-Sewer District, approve an amendment to a professional
services agreement to evaluate and assess the remaining useful life of an existing concrete
tank used for reclaimed water storage.
CONSIDERATIONS: The former aeration tank at the SCWRF was converted to reclaimed
water storage as part of the recently completed improvements at the site. Water leaking from
fine cracks in the outer wall has been a recurring problem since the tank was built. Staff
elected to defer work scheduled to coat and seal the inside of the tank walls pending results
of a detailed engineering investigation. Amendment 8 is proposed to evaluate the structural
integrity of the existing concrete reclaimed water storage tank. Professional inspection,
testing and evaluation will perf6~rmed by specialists with Wiss, Janney, Elstner Associates,
Inc. of Northbrook, Illinois as sub-consultants to our consultant, Hole Montes & Associates,
Inc. Life cycle cost analyses will be provided comparing a repaired tank versus a new tank.
The amendment also increases the authorized fees for Operational Support Services and
Warranty Inspection. Funds previously authorized these two tasks have been expended to
provide assistance related to unanticipated defects with the air distribution system, a critical
component of the wastewater treatment process. Although not needed at this time, the
proposed increase in fees for these two tasks is recommended in the event that additional
support services are needed.
The amendment also reallocates fees among various tasks with no net change in the total fee.
Total consultant fees associated with Amendment 8 are $82,000. A summary of total fees
approved and proposed are as follows:
Fees Scope of Services
Original Agreement 247,000 Preliminary Report, Conditional Use
Amendment 1 322,700 Design Report, Disinfection Design
Amendment 2 582,000 Deep Injection Well
Amendment 3 218,000 Reuse Master Plan, Lakewood Design
Amendment 4 2,016,000 WWTF design, permits, bid and construct
Amendment 5 62,308 SRF Coordination and Administration
Amendment 6 41,388 Post-construction SRF Administration
Amendment 7 116,000 Re-Rate Permitted Capacity
~""~ Amendment 8 (proposed) 82~000 Tank Assessment, Additional Support Services
Total $3,687,396 '
Executive Summary
Approve Amendment 8, RFP 93 -2121
Page 2
Staff has negotiated the proposed scope and compensation as provided in Amendment 8 to
Professional Services Agreement, copy attached.
The source of funds is user fees. A budget amendment is needed to transfer funds
in the amount of $82,000 from Sewer Capital Reserves to project 73916 - SCRWWTF
Improvements.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio
governing board of the Collier County Water-Sewer District, approve and authorize
Chairwoman to execute Amendment 8 to the Professional Services Agreement with Hole,
Montes & Associates, Inc., related to on-going support services and assessing the remaining
useful life of the existing concrete reclaimed water storage tank at our SCWRF, and approve
the necessary budget amendment.
\,, //
---- SUBMITTED BY: ? ' Date: 7//4/~5'
Karl W D Senior Project Manager
~fl~ffBibby, P.E., PWEfSDirector
miVmW D 7 ' t q- c? q
tha rector
REVIEWED BY:. fT~;~.., .'//21, ~ C;..'l L~:_4 %5 y C Date:
S'~ephen Y.'Camell, 15ulchagihg'Director
APPROVED B~ Date: '7-2/--
.__ Ed Ilschner, Public Works Administrator
Attachments: SCWWTF Expansion Amendment 8 (4 originals for signature)
AUG 0 3 1999
SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT EXPANSION
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This Amendment No. 8 to the Agreement dated March 15, 1994 (hereinafter
"AGREEMENT") is made and entered into this day of , 1999, by and
between the Board of County Commissioners for Collier County, Florida, a political subdivision
of the State of Florida and Governing Board of the Collier County Water-Sewer District
(hereinafier referred to as the "OWNER") and Hole, Montes & Associates, Inc., a Florida
corporation, authorized to do business in the State of Florida whose business address is 715
Tenth Street South, P.O. Box 1586, Naples, Florida '34106 (hereinafier referred to as the
"CONSULTANT").
WITNESSETH
WHEREAS, OWNER and CONSULTANT currently have a valid professional services
agreement for the provision of professional services for the South County Regional Wastewater
Treatment Plant Expansion (hereinafter referred to as "PROJECT"), said services more fully
described in said AGREEMENT; and
WHEREAS, OWNER and CONSULTANT agree some modifications to the services
being contemplated under said AGREEMENT are necessary; and
WHEREAS, CONSULTANT represents that he has the expertise and the ,type of
professional services that will be required for completion of the project.
NOW, THEREFORE, in consideration of the mutual covenants and provisions contained
herein, parties agree as follows:
ARTICLE ONE
1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of
the project to which this Amendment applies.
1.2 CONSULTANT shall provide professional services in addition to those as outlined in said
AGREEMENT as noted in Schedule A of this Amendment, as attached hereto.
ARTICLE TWO
2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as
prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said'AGREEMENT
with the modifications to Attachments A and C to said AGREEMENT which are attached hereto
and made a part hereof.
-1- AUG O 3 1999
ARTICLE THREE
3.1 The schedule for said Project, shall be as shown in said agreement with modifications as
shown in the revised Schedule C as attached hereto.
ARTICLE FOUR
4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and
shall not be modified by this Amendment.
IN WITNESS WHEREOF, the parties heret0 have executed this Amendment to
Professional Services Agreement for professional engineering services for the South County
Regional Wastewater Treatment Plant Expansion the day and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A POLITICAL
SUBDWISION OF THE STATE OF FLORIDA
AND AS EX-OFFICIO THE GOVERNING
~- BOARD OF THE COLLIER COUNTY,; WATER-
SEWER DISTRICT.
By: By:
Clerk Chairwoman
Approved as to form and
legal sufficiency:
Assis
HOLE, MONTES & ASSOC/ATES, INC.
)2~,-~-,~.~ · ;-2~,..~.,,~.-,-~; (CORPORATE SEAL)
Witness ( '
-2- AUG 0 3 1999
SUPPLEMENT NO. 8 TO
SCHEDULE A
SCOPE OF SERVICES
HMA FILE NO. 1993134
This serves as a supplement and clarification of Schedule A, Scope of Services as provided in the
Professional Services Agreement dated March 15, 1994.
This project amendment consists of that work that is necessary for professional inspection,
testing and evaluation of the existing reuse tank at the South Regional Water Reclamation
Facility.
The scope of services is described as follows:
ADDITIONAL SERVICES
Structural Analysis of Reuse Tank
To provide engineering analysis of existing concrete reuse tank used to hold treated wastewater
to include assessment of tank's structural inte_f~rity., evaluate existing cracks,qe~'ks and repair
methods, identify expected life of structure with and without craclcqeak repair, provide lifecycle
cost analysis comparing repaired tank versus removal and replacement with new' storage
capacity, and submit an engineering report addressing these topics.
Lakewood Reuse
Reallocate funds among various tasks to reflect actual work efforts on each subtask resulting in a
zero net change in total fees.
Operational Support Services
Extend the period of time for these services beyond one year after completion of construction.
Warranty Inspections
Extend the period of time for these services beyond one year after completion of construction.
· AUG 0 3 1999
SCHEDULE B - ATTACHIVIE~ A
Amendment No. 8
SCHEDULE OF FEES FOR BASIC SERVICES
Currcnt Amendment
Budget No. 8
PHASE II-A WWTP Disinfection System
A.2 Design Report $2,800 $2,800
A.3 Preliminary Design $10,300 $10,300
A.4 Final Design $3,900 $3,900
A.5 Bidding Services $1,600 $1,600
A.6 Contract Administration $9,700 $9,700
PHASE II-A Royal Palm Irrigation Pump System
A.2 Design Report $500 '~'$500
A.3 Preliminary Design $5,600 $5,600
A.4 Final Design $1,600 $1,600
A.5 Bidding Services By Owner By Owner
A.6 Contract Administration By Owner By Owner
PHASE II-A WWTP Design
A.2 Design Report $290,000 $290,000
A.3 Preliminary Design $750,000 $750,000
A.4 Final Design $150,000 $150,000
A.5 Bidding Services
A.5.1 Reclaimed Water PS/Elec Bldg
- Equipment $10,000 $10,000
A.5.2 Reclaimed Water PS/Elec Bldg
- Construction $15,000 $15,000
A.5.3 Phase I Improvements $30,000 $30,000
A.6 Contract Administration
A.6.1 Reclaimed Water PS/Elec Bldg
- Equipment $20,000 $20,000
A.6.2 Reclaimed Water PS/Elec Bldg
- Construction $120,000 $120,000
A.6.3 Phase I Improvements $355,000 $355,000
AUG O 3 1999
PHASE II-C RECLAIMED WATER SYSTEM UPGRADES TO SERVE LAKEWOOD
A.2 Design Report $9,000 $9,000
A.3 Preliminary Design $52,000 $52,000
A.4 Final Design $24,000 $29,000
A.5 Bidding Services $6,000 $6,000
A.6 Contract Administration $38,000 $44,000
PHASE II-D EFFLUENT STORAGE EXPANSION
A.2 Design Report To Be Determined To Be Determined
A.3 Preliminary Design To Be Determined To Be Determined
A.4 Final Design To Be Determined To Be Determined
A.5 Bidding Services To Be Determined To Be Determined
A.6 Contract Administration To Be Determined To Be Determined
AUG 0 3 1999
PG.~ 7 ,
SCHEDULE B - ATTACHMENT B
CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE
Principal Engineer VI ...........................................................................................$130.00 per hour
Environmental Engineer V ...................................................................................$120.00 per hour
Environmental Engineer IV ..................................................................................$105.00 per hour
Environmental Engineer III ..................................................................................$ 85.00 per hour
Environmental Engineer II ....................................................................................$ 70.00 per hour
Environmental Engineer I .....................................................................................$ 55.00 per hour
Environmental Operations Specialist ................................., ..................................$ 70.00 per hour
Engineer Tcch V ...............................................................: ...................................$ 65.00 per hour
Engineer Tech IV ..................................................................................................$ 60.00 per hour
Engineer Tech III ..................................................................................................$ 55.00 per hour
Engineer Tech II ....................................................................................................$ 50.00 per hour
Engineer Tech I .....................................................................................................$ 40.00 per hour
Contract Administrator (P.E.) ...............................................................................$ 80.00 per hour
Contract Administrator .........................................................................................$ 65.00 per hour
Construction Field Representative IV ...................................................................$ 65.00 per hour
Construction Field Representative III ................................: ................................:. $ 55.00 per hour
Construction Field Representative II .........................................................:: .........$ 45.00 per hour
Construction Field Representative I ......................................................................$ 35.00 per hour
Senior Planner .......................................................................................................$100.00 per hour
Planner ..................................................................................................................$ 70.00 per hour
Surveyor V ............................................................................................................$ 95.00 per hour
Surveyor IV ...........................................................................................................$ 80.00 per hour
Surveyor III ...........................................................................................................$ 60.00 per hour
Survey Tech IV .....................................................................................................$ 55.00 per hour
Survey Tech III .....................................................................................................$ 50.00 per hour
Survey Tech II .......................................................................................................$ 45.00 per hour
Survey Tech I ........................................................................................................$ 40.00 per hour
2 Man Survey Crew ..............................................................................................$ 85.00 per hour
3 Man Survey Crew ..............................................................................................$ 98.00 per hour
GPS Operator ........................................................................................................$ 65.00 per hour
Technician IV ........................................................................................................$ 45.00 per hour
Technician III ........................................................................................................$ 40.00 per hour
Technician II .........................................................................................................$ 35.00 per hour
Technician I ..........................................................................................................$ 30.00 per hour
This Fee Schedule is effective for one year from date of the LETTER AGREEMENT.
AUG 0 3 1999
PG. ~
SCHEDULE B - ATTACHMENT C
Amendment No. 8
CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES
(INCLUDING DETAILED OBSERVATION OF CONSTRUCTION)
Phase 1
Current Amendment
Budget No. 8
A. 1 Preliminary Services
A. 1.1 Preliminary Engineering Report $172,000 $172,000
A. 1.2 Review of Odor Control Incl. Above Incl. Above
A. 1.3 Review of Effi. Disinfection Incl. Above Incl. Above
A.1.4 CapacityAnalysis Report $25,000 $25,000
A. 1.5 Conditional Use Applic. $35,000 $33,000
A. 1.6 Odor Control Committee $35,000 $35,000
Phase II-A WWTP Disinfection System
A.7 Detailed Observation $3,700 $3,700
Phase II-A Royal Palm Irrigation Pump Station
A.7 Detailed Observation By Owner By Owner
Phase II-A WWTP Desig, n
A.7 Detailed Observation
A.7.1 Reclaimed Water PS/Elec. Bldg.
- Construction $90,000 $90,000
A.7.2 Phase I Improvements $265,000 $265,000
Phase II-B Deep Injection Well
A.8 Data Review and System $43,000 $43,000
A.9 Design and Construction Permit Applications $90,000 $90,000
A.9a Add 2nd Deep Well Design & Permitting $25,000 $25,000
A. 10 Well Conslraction Observation and Testing $370,000 $370,000
A.11 Report $36,000 $36,000
A. 12 Operating Permit Application $18,000 $18,000
AUG O 3 1999
Phase II-C Reclaimed Water System Upgrades to Serve Lakewood
A. 13 Detailed Observation $16,000 $10,900
A. 14 Surveying/Easements $22,000 $23,100
A. 15 Permitting $6,000 $6,000
A. 16 Startup Assistance $5,000 $5,000
Phase II-D Effluent Storage Expansion
A. 17 Detailed Observation To Be Determined To Be Determined
A. 18 Surveying/Easements To Be Determined To Be Determined
A.19 Permitting To Be Determined To Be Determined
A.20 Startup Assistance To Be Determined To Be Determined
Additional Services
Surveying $30,000 $30,000
Permitting/Approvals $40,000 $40,000
Reuse Master Plan $100,000 $100,000
:- Reimbursable Expenses $10,000 $10,000
Geotechnical Site Investigation $2,000 .;' $2,000
ProFess Photos $15,000 $10,000
Startup Assistance $40,000 $40,000
"- O&M Manual $50,000 $50,000
Operational Support Services $35,000 $ 55,000
Warranty Inspection $8,000 $18,000
FDEP Operation Permit $10,000 $10,000
FDEP SRF Management $103,696 $103,696
Structural Analysis of Reuse Tank 0 $52,000
-:- AUG 0 3 1999
PG,
,--" EXECUTIVE SUMMARY
APPROVE A SUBORDINATION AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF
FLORIDA DEPARTMENT OF TRANSPORTATION.
OBJECTIVE: To approve a Subordination Agreement between Collier County and the State of Florida
Department of Transportation (FDOT).
CONSIDERATIONS: On December 21, 1981, Sandra Voncile Henderson, a/Ida Sandra Voncille
Henderson, a/Ida Sandra V. Henderson conveyed a Drainage Easement (ranging from 75' to 90') to
Collier County. The Drainage Easement is located in Section 4, Township 51 South, Range 26 East. A
map is attached for reference.
FDOT is providing compensation to Ms. Henderson for the easement required to complete its US 41
expansion project from Rattlesnake Hammock Road to East of SR 951. However, the existing 75' to 90'
drainage easement conveyed to Collier County by Ms. Henderson encompasses a small portion of the ,~.
project area. FDOT is requesting that Collier County execute a Subordination Agreement to subordinate
the County's interests in their Drainage Easement .to FDOT's easement interest in the property. Both
entities shall utilize the existing drainage easement. ""'
The Stormwater Management Department and the County Attorney's Office have reviewed this matter and
advised staff that there are no potential conflicts in having the Board of County Commissioners approve
the attached Subordination Agreement.
FISCAL IMPACT: No fiscal impact incurred. FDOT shall be responsible for all associated recording
expenses and shall provide Collier County with a fully executed recorded copy of said document.
0ROWTH MANAGEMENT IMPACT: None.
RECOMMENDATIONS: That the Board of County Commissioners approve the attached Subordination
Agreement; authorize the Chairwoman to execute the Subordination Agreement; and authorize
recordation of the Subordination Agreement and other documents required to clear title, in the Public
TofiFA: M~tt, S~or S~ecialiSt, R~al Prope~y Management Depa~ment
~~~ PF~ S~M Date: ~' '~ j' ~
REVIEWED BY:j anagement Depadment Director
J ~BoCdt PE~
APPROVED Date:~- Ed Ilschner, ~dministrator, Public Works Division
36-SUB.03-10/94
Date: July 12, 1999 FP 1953891
This instrument prepared PARCEL 802.4
under the direction of: SECTION 03010-2542
Bruce P. Cury, General Counsel STATE ROAD 90
Post Office Box 1249 COUNTY Collier
City: Bartow, Florida 33830
Department of Transportation
BUBORDINATION AGREEMENT
THIS AGREEMENT, Made this day of ,
199__, by and between Collier COUNTY, a political
subdivision of the State of Florida, hereinafter called the
"party of the first part", and the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, whose post office address is: Post Office Box
1249, Bartow, Florida 33831-1249, hereinafter called the
"Department".
WITNESSETH:
WHEREAS, the party of the first part is the holder of a
drainage easement and,
WHEREAS, a portion of the land encumbered by said drainage
easement is required by the Department for drainage purposes;
NOW THEREFORE, for and in consideration of the sum of One
Dollar ($1.00) and other good and valuable considerations, paid,
the receipt and sufficiency of which is hereby acknowledged, the
party of the first part hereby agrees, covenants, and consents
with the Department that the aforesaid drainage easement is and
shall continue to be subject and subordinate to the drainage
rights of the Department insofar as said draiDage eas~men~
affects the following described property, viz:
SEE EXHIBIT "A"
This subordination agreement shall be binding upon and inure
to the benefit of the respective heirs, legal representatives,
successors and ~ssigns of the parties hereto.
Page 1
AUG 0 3 1999
PG. ,¢~ ..
IN WITNESS WHEREOF, the Grantor has caused these presents to
be executed the date and year first above written.
DATED:
ATTEST:
DWIGHT E. BROCK, clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
PAMELA S. MAC'KIE,Chairwomen
Page 2
~. 3
SECTION 03010-2542
PARCEL 802
That portion of the northeastl¼ of Section 4, Township 51 South,
Range 26 East, Collier County, Florida.
Being described as follows:
Commence at the northeast corner of said Section 4; thence along
the north line of said Section 4, North 89°52'39'' West, 177,327
meters (581.78 feet); thence. South 00°58'30'' West, 44,820 meters
(147.05 feet) for a POINT OF BEGINNING; thence South 89~01'30''
East, 15,000 meters (49.21 feet); thence South 00~58'30'' West,
10.000 meters (32.81 feet); thence North 89001'30'' West, 15,000
meters (49.21 feet); thence North 00~58'30'' East, 10,000 meters
(32.81 feet) to the POINT OF BEGINNING.
Containing 150.0 square meters (1,615 square feet).
NOT VALID UNLESS EMBOSSED
EXHIBIT "A"
Page 3
/
....... _,, ,A 3 1999
Z UD 90.01' (27,44 m k74.88' (22.82 m)
"(3C:::
:::0<
'.f/7,/
EXECUTIVE SUMMARY
APPROVE A BUDGET AMENDMENT TO TRANSFER FUNDS FROM PROJECT
60171, ADVANCED RIGHT-OF-WAY, TO PROJECT 60172, TRAFFIC SIGNALS
OBJECTIVE: To obtain Board approval for the transfer of funds to expedite the design of traffic
signals in the FY 2000 Signal Program previously approved by the Board.
CONSIDERATIONS: On June 8, 1999, the Board approved the FY 2000 Traffic Signal
Program (Agenda Item 166(8)). The signal construction program is funded in Project No. 60172 in
the Roads Capital Fund (313). Staff has examined the funds currently available in that fund and finds
that there will be a carry-forward in excess of $150,000 in Project No. 60171, Advanced Right-of-
way Acquisition for FY 2000.
Since it has been shown in recent years that the design and permitting of signal projects takes several
months, staff is desirous of expediting the FY 2000 program by initiating the design pllase as early
as possible' Staff is requesting a transfer of $110,000 for design costs for this project.
Reallocation of the funds as requested will accomplish that goal and permit the design effort to begin
this fiscal year.
FISCAL IMPACT: Project 60171, Advanced Right-of-way Acquisition is proposed to be
funded at $1,000,000 for FY 2000. Project No. 60172, Traffic Signals, is proposed to be funded at
$750,000 in FY 2000.
Granting this request will reduce the funds in Project 60171 by $110,000.
Project No. 60171, Advanced Right-of-way Acquisition has a balance of $400,532.70 as of July 23,
1999, for FY 1999. The requested fund transfer will not adversely affect this project this fiscal year.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board approve the requested transfer of funds and authorize
_ 7ndmen s.
the Chairwoman to sign the necessai-y Budget ~
PREPARED BY: ~.~.~'///, ~ ~/"'
/- DATE: 7-.Z'Z, //
~ '~' ' .' "' '5,~' ~. ' n Services Director
REvmwEu B . DATE:
Ed Ilschner, Public Works Administrator
' A G 0 3 1999
PG. / -~_
EXECUTIVE SUMMARY
AUTHORIZE THE NAME "CONNER PARK AT VANDERBILT BEACH"
FOR THE PARK TO BE CONSTRUCTED ON BLUEBILL AVENUE
Objective: That the Board of County Commissioners authorize the Park and
Recreation staff to name the park to be constructed at the comer of Bluebill Avenue and
Vanderbilt Drive; Conner Park at Vanderbilt Beach
Consideration: In a letter dated October 24, 1983 the Connet family offered to
dedicate 4.58 acres to Collier County for public use. On May 4, 1984, Conner's
Vanderbilt Beach Estates, Inc. conveyed to Collier County via a Quit Claim Deed, the
following described property:
Lots 1 through 23, Block V, Conner's Vanderbilt Beach Estates, Unit # 3 as
recorded in Plat Book 3, Page 89, Public Records of Collier County, Florida.
t ';
On June 8, 1999 the Board of County Commissioners approved the conceptual
development plan for a passive linear park to be located on this property. Following this
approval the Vanderbilt Beach Property Owners Association requested that the Conner
family be recognized for their donation by naming the park after the Conher family.
Growth Management: None
Fiscal Impact: None
Recommendation: Staff recommends that the Board of County Commissioners
authorize the Parks and Recreation Department to officially name the park to be
constructed on the 4.58 acres on the comer of Bluebill Avenue and Vanderbilt Drive as
Conner Park at Vanderbilt Beach
Marla Ramsey D ector
Parks and e eation Department
Reviewed and
Approved by.] ~ Date "]
i
..... EXECUTIVE SUMMARY
RECOMMENDATION TO AWARD BID NO. 99-2958 FOR SPRINKLER PARTS
AND RELATED ITEMS.
OBJECTIVE: That the Board of County Commissioners award Bid No. 99-2958 for
Sprinkler Parts and Related items.
CONSIDERATIONS: The County has various departments that maintain
sprinkler systems and require replacement parts on an as needed basis.
Invitations to bid were sent to twenty one (21) prospective vendors and was posted
on May 25, 1999. Bids were open on June 9, 1999 with three (25) bidders
responding.
Staff has reviewed the bids, and based on calculating the discounts offered against a
list of representative products, recommends award to Florida Irrigation Supply, Inc.
as the Primary vendor and Wesco Turf, Inc. as the Secondary vendor.
FISCAL IMPACT: The fiscal impact associated with this item is estimated to be
$109,000 county-wide, however actual expenses will be determined by the extent of
repairs needed.
GROWTH MANAGEMENT IMPACT: None.
.RECOMMENDATIONS: That the Board of County Commissioners award Bid No.
99-2958 to Florida Irrigation Supply, Inc. as Primary and Wesco Turf, Inc. as
Secondary.
/
PREPARED BY: ' ...... Date:
ohn C. Veit, Field Supervisor
and Recreation
REVIEWED BY~ Date:
Thomas W. OHiff, A~,.~istrator
Public Services Divisaon
Cai nell, Director
Purchasing/General Services
,= r- Z Z Z ::Z: ::> :>' >' Z
~ 7--, ~ ~ ~
· ~ ~- ~:~ ::::::::::::::::::::::::::i:i:::t~!!::~:.!:::.'
~ ~ '= ...... -- ~': '~ "' ~ .:i
~ ~ ~ ~ ::~
~ .-- · ~
~ ~ c .= > > c ~ - -
~ .--
..~ ~ .~
...... EXECUTIVE SUMMARY
AUTHORIZATION OF A BUDGET AMENDMENT FOR THE COLLIER
COUNTY MEDICAL EXAMINER TO COVER INCREASED LABORATORY
TESTING COSTS
OBJECTIVE: To provide adequate funding to meet the operating expenses associated
with the Medical Examiner's (M.E.) Department.
CONSIDERATIONS: The County, according to Florida Statutes, provides the financial
support for the operation of the Medical Examiner's office here in Collier County. The
funds are provided via an annual agreement with the District's Medical Examiner who is
responsible for the administration of the office's day to day functions. As part of this year's
funding, the expenses associated with the laboratory testing that is required for the Medical
Examiner to provide court-related evidence has increased dramatically. As a result the
funding appropriated will be insufficient to meet the annual operating expenses of the
M.E.'s office. The attached budget amendment will provide the funding necessary to pay
the increased lab-related expenses.
Should the Board approve this item, a contract amendment will also be-.required which will
be drafted only to recognize this specific increase in funding.
FISCAL IMPACT: The requested budget amendment will decrease General Fund Reserves by
--- $12,000 and increase the Medical Examiner's total lq' 99 budget to $601,300.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this item.
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS,
authorize a budget amendment transferring $12,000 from general fund (001) reserves to the Medical
Examiner's Department, and authorize the Chairwoman to execute a contract amendment to reflect
this increase in funding following review and approval of the amendment by the County Attomey's
Office.
Prepared by:' ~__ ~ ~ -
ThoXi~ss ~77 OllifZ',P~ Services Administrator
AUG 0 3 1999
EXECUTIVE SUMMARY
APPROVE AN AGREEMENT WITH COLLIER SPORTS OFFICIALS ASSOCIATION,
INC. FOR THE PURPOSE OF PROVIDING SPORTS OFFICIALS FOR COUNTY
SPONSORED ACTIVITIES
Objective: That the Board enter into an agreement with Collier County Sports Officials
Association, Inc. for the purpose of providing sports officials for County sponsored activities.
Consideration: For the past twenty-one years the Board of County Commissioners has entered
into an agreement with the Collier Sports Officials Association, Inc. (CSOA) of Naples, Florida,
for the purpose of providing adequate sports officiating for County sponsored games. CSOA is
the only resource for provision of sports officials within Collier County. A vendor simplifies the
payment procedure and facilitates the payment for services. The vendor will provide statements
to the Collier County Parks and Recreation Department bi-weekly. The agreement will be in
effect from September 11, 1999 to August 31, 2001. Officials will be provided for adult and
youth softbaH games in the Naples area.
Fiscal Impact: Funds for this expenditure are allocated in the FY-2000 budget. Sponsorship
revenues 4ffset the cost of this budgeted expenditure.
Growth Management: None
Recommendation: Staff recommends the Board of County Commissioners enter into an
agreement with Collier Sports Officials Association, Inc.
Prepared by: . Date: /
James R. Thomas, Athletics Supervisor
Department of Parks and Recreation
Reviewed and
/
Approved by: .... Date:
James K. Fitzek, Operations Manager '
Department of Parks and Recreation
'~ Date:
Department of P~ks ~d Recreation
""' Approved Date:
Thomas W. Olh~strator
Division of Public Services
,..... AGREEMENT FOR OFFICIATING SERVICES
This Agreement entered into this day of 1999, by and between the Board
of County Commissioners of Collier County, Florida, hereinafter referred to as the
"County" and the Collier Sports Officials Association, Inc. of Naples, Florida, hereinafter
referred to as "CSOA". The parties hereto agree as follows:
SECTION I - CSOA will furnish game officials for all adult softball games in the
Naples area.
SECTION II - The County shall pay CSOA for fumishing officials the following
rates payable as provided herein:
A.Adult softball in the Naples area: $14.00 per game per official
Two officials per game
B. Girls Fast Pitch Softball: $18.00 per game per official
Two officials per game
The rates include extra innings, games.
SECTION III: CSOA shall provide:
A. Officials for all games, minimum of two (2) officials per game.
B. A pre-season list of registered officials for consideration by the County shall
be furnished to the County before each season or league. The officials must
be registered in the local, state, or national organization specific to their sport.
C. The County shall have the authority to review the conduct and effectiveness of
officials. The County reserves the right to require CSOA to replace any
official who is deficient in meeting standards established by the Amateur
Softball Association and the County.
SECTION IV - In the event of postponement or cancellation of a scheduled
contest herein, the County shall bear no cost if the game officials(s) or a Board Member
of CSOA is notified one hour prior to game time.
A. If the game official(s) are not notified of postponement or cancellation prior to
arrival at the field for a scheduled contest, the official(s) will be compensated
for one game even though no game is played.
B. In the event a contest which is in progress is canceled due to inclement
.,,_.., weather, electrical outage, or circumstances beyond the County's or CSOA's
control, official(s) will be paid for games completed and any games in
progress at the time of cancellation.
SECTION V - The Agreement shall be in effect from September 1, 1999 through
August 31, 2001. Amendments to this Contract shall be in writing and signed by both
parties. The County and CSOA may agree to extend this Agreement under all of the
terms and conditions contained in this Agreement for up to (2) two additional years
following expiration of the initial term.
SECTION VI - Payment of officials will be made in accordance with Collier
County Purchasing Department and Finance Department procedures. CSOA shall render
to the County a biweekly statement showing the number of games worked by its
official(s). The statement shall contain a certification by an officer of CSOA that he/she
has reviewed the statement and that the information contained therein is true and correct.
This statement shall be mailed to:
Collier County Parks and Recreation Department
Attention: Athletic Superwiser
3300 Sant~i Barbara Boulevard
Naples, Florida 34116
SECTION VII - It is expressly understood that CSOA officials are independent
contractors and therefore are not entitled to benefits normally afforded employees of the
County. This provision shall not apply to any County employee who acts as an official.
SECTION VIII - CSOA must include as part of this Agreement, a Certificate of
Insurance verifying a minimum of $500,000 Liability Insurance covering their acts,
omissions or negligence hereunder. Should this insurance coverage expire within the
terms of their contract, CSOA must provide proof of $500,000 Liability Insurance 24
_ hours prior to the expiration date of the previous policy. The failure of CSOA to provide
said documentation to the satisfaction of the County shall automatically terminate this
Agreement.
SECTION IX - CSOA agrees to verbally notify the County's Athletic supervisor
as to the time and location of organizational meetings one week prior to the respective
meeting date.
SECTION X - All notices from the County to CSOA shall be deemed duly served
if mailed by registered or certified mail to CSOA at the following address:
Collier Sports Officials Association
Post Office Box 8331
~-Naples, Florida 34101
2 AUG 0 3 1999
go .~9~
All notices from CSOA to the County shall be deemed dulyserved if mailed by registered
or certified mail to the County to:
Collier County Parks and Recreation Department
Attention: Athletic Supervisor
3300 Santa Barbara Boulevard
Naples, Florida 34116
CSOA and the County may change the above mailing addresses at any time upon giving
the other party written notification.
SECTION XI - If CSOA fails to comply with any of the terms and conditions
hereof and such default is not cured within five (5) days after written notice is given to
CSOA, the County may terminate this Agreement.
SECTION XII - The CSOA will not use, nor suffer or permit any person to use in
any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county, or municipal
ordinance; rule, order, or regulation; or of any governmental rule-or regulation not in
effect or hereafter enacted or adopted. In the event of such violation by CSOA, or if the
County or its authorized representative shall deem any conduct on the part of CSOA to be
objectionable or improper, the County shall have the fight to suspend this Agreement
with CSOA should CSOA fail to correct any such violation, conduct, or practice to the
satisfaction of the County within 24 hours after receiving notice of such violation,
conduct, or practice, such suspension to continue until the violation is cured. CSOA
further agrees not to continue performance under this Agreement occurring the
suspension period until the violation has beet, corrected to t.~:e satisfaction of the County.
SECTION XIII - CSOA agrees that there shall be no discrimination as to race,
gender, color, creed, or natural origin.
SECTION XIV - Nothing herein contained shall be created or be construed as
creating a partnership between the County and the CSOA or to constitute CSOA as an
agent of the County. CSOA is an independent contractor.
SECTION XV - Certificate(s) of Insurance - All CSOA officials belong to the
ASA (Amateur Softball Association) and are thereby covered by the amount of insurance
required in Section VIII.
SECTION XVI - This Agreement is subject to an annual appropriation for same
contained in the County's budget.
IN WITNESS WHEREOF, CSOA, and the County, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
abo~'a written.
AUG 0 3 1999
Attest:
Dxvight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Pamela S. Mac'Kie, Chairwoman
Date:
COLLIER SPORT OFFICIALS ASSOCIATION, INC.
WITN]~SS '
Approved as to form and la. Thigpen, President
legal sufficiency: Typed Signat~e ~d Title
Thomas C. Palmer
Assist~t County Attorney
EXECUTIVE SUMMARY
AUTHORIZE AN AMENDMENT IN THE GRANDSTAND CONSTRUCTION
AGREEMENT BETWEEN COLLIER COUNTY AND THE GULF COAST
SKIMMERS, INC.
OBJECTIVE: To process final payment for the construction work done on the
grandstand facility at Sugden Park.
CONSIDERATIONS: The grandstand construction has been done through an agreement
with the Gulf Coast Skimmers, Inc. (the Skimmers) as the group had access to donations
and volunteer labor that would result in a better end product. Due to the many different
construction companies and the amount of construction work in the community,
scheduling the work has been difficult. At this point however, the work that was expected
to be performed by the Skimmers has been done to the County's satisfaction.
Unfortunately, the work extended two (2) months beyond the term of the agreement, by
oversight by both the Skimmers and the County. As a result, the attached agreement is
needed, which provides an additional two (2) months to the term of the agreement and
allows for the final payment to be made for the work that has been accomplished on the
site.
A dock/stage has yet to be constructed; however, it has always been the intention of the
County to do this portion of the project. The function of this stage must be multi-
purposed and needs to be designed in such a way as to be able to accommodate both the
ski show and other performances that may be conducted at the site by the County.
GROWTH MANAGEMENT IMPACT: The value of all improvements will be counted
toward the inventory of park facilities that is required by the County's Growth Management
Plan.
FISCAL IMPACT: The original agreement for this construction project provided
$200,000 which was obtained through a donation. The original donation and interest
earned on the deposited funds is still the only funding source associated with this contract.
The unspent portion of this agreement is $43,138.41 and is funding carried forward into this
fiscal year and available for this payment. In addition a $4,000 budget amendment from
Fund 306 reserves is being requested, which roughly represents the interest eamed on the
unspent balance to date- The contract amendment will make $47,138.41 available for the
final payment. As the original funding for this project came from a donation it is reasonable
to ensure that not only the original contributed funds but the interest earned on those funds
is put toward the intended project.
RECOMMENDATION THATTHE BOARD OF COUNTY COMMISSIONERS,
authorize the Chairwoman to execute the attached construction agreement for the
grandstand at Sugden Park between Collier County and the Gulf Coast Skimmers, Inc., and
authorize a budget amendment transferring $4,000 to proiect #80081 from fund 306
reserves.
Tl';~"rri~s WT'olliff,/}i~c ~eervices Administrator AUG 0 3 1999
~J /
SUGDEN REGIONAL PARK GRANDSTAND AGREEMENT
THIS AGREEMENT RE: SUGDEN REGIONAL PARK GRANDSTAND (Agreement) is entered
into on this __ day of , 1999, between GULF COAST SKIMMERS WATER SKI
SHOW, INC., (Skimmers) a Florida Not-For-Profit Corporation, and THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, (County) and sets forth the terms and conditions for the
development of a grandstand facility at Sugden Regional Park, Naples, Florida.
WHEREAS, the County agrees to authorize development of a grandstand facility at Sugden
Regional Park located in Naples, Florida;
WHEREAS, the County executed a construction agreement with the Skimmers for the same
grandstand on January 7, 1997, amended this agreement to correct a scriveners error on May 4, 1997,
amended this agreement to extend the term on July 28, 1998, and amended this agreement to extend the
term on January 26, 1999;
WHEREAS, the construction was delayed because of an inability to secure the necessary contractors
to complete the work, and;
WHEREAS, the Skimmers have now completed the grandstand facility located at Sugden Regional
Park to the satisfaction of the County, and;
WHEREAS, the final work was completed aeter May 31, 1999, and beyond the term of the previous
""' °.ment, and;
WHEREAS, in order for the Skimmers to receive payment for the final work done on the project the
agreement must be extended for an additional two (2) month period.
NOW, THEREFORE in consideration of the mutual promises and covenants exchanged herein, the
parties agree as follows:
ARTICLE 1. Demised Premises. The premises involved consists of the southeast part of the lake as
highlighted on the attached Master Plan.
Article 2. Term. The term of this Agreement shall be a minimum of two (2) months commencing on
June 1, 1999, and ending July 31, 1999. The' Skimmers agree that all construction and improvements have
beencompleted by July 31, 1999.
Article 3. Modifications to Facility.
1. Prior to making any changes, alterations, additions or improvements to the demised premises, the
Skimmers will provide County with all proposals and plans for alterations, improvements, changes or
additions to the demised premises for County's approval, specifying the nature and extent of the desired
alteration, improvement, change or addition, along with the estimated starting and completion time for the
pr~ect, and including factual budget statements showing sufficient funding to complete any phase or
phases of the changes, alterations, additions or improvements to the demised premises. If upon obtaining
the County's consent and commencing said changes, alterations, additions, or improvements, the Skimmers
fail to complete its work within the completion time as approved by the County, County may, at its
election, complete said changes, improvements, alterations or additions, in which event all improvements
will belong to the County free and clear of all liens or claims.
2. The Skimmers covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the demised premises, to observe and comply with all present and future laws,
ordinances, rules, regulations and requirements of the United States of America, State of Florida, County
of Collier and any and all governmental agencies having jurisdiction.
3. All alterations, improvements and additions to said demised premises shall be made in accordance
with all applicable laws and shall at once, when made or installed, be deemed as attached to the freehold
and to have become property of County and shall remain for the benefit of County at the end of the term or
other expiration or termination of this Agreement in as good order and condition as they were installed,
reasonable wear and tear accepted. If, prior to the termination of this Agreement, or within thirty days
thereafter, County so directs, the Skimmers shall promptly remove all construction materials, debris and
equipment. County may effect said removal at the Skimmers' expense upon Skimmers' failure to timely
and/or fully remove all such materials, dekiF~s and equipment upon notice by County.
4. Upon commencement of this Agreement, the Skimmers shall construct the grandstand facility as
described above on the demised premises in a business-like and responsible manner, and the Skimmers
actions shall not conflict with County's regular control and daily operalien of the Sugden Regional Park.
County will continue to maintain regular activities and services at the Park, but will not cause any delay to
the construction of the grandstand.
5. The Skimmers covenants and agrees not to use, occupy, suffer or permit the Park or any part
thereof to be used or occupied during the construction of the grandstand facility except for the grandstand
facility.
Article 4. Access to Construction Site.
County, its duly authorized agents, representatives and employees shall have the right after reasonable
notice to the Skimmers, to enter into and upon the demised premises at all reasonable hours for the
purposes of inspection.
Article 5. Indemnity and Insurance.
1. In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged by
signing of this Agreement, the Skimmers covenants and agrees that it will defend, protect and save and
keep County forever harmless and indemnified against and from any claims, suits, and actions, penalty,
damage, injury, cost, attorney's fees and other charges imposed for' any violation of 'any law or
ordinance, whether occasioned by the neglect of the Skimmers or those holding or acting under
Skimmers, and that Skimmers will, at all times, defend, protect, indemnify and save and keep harmless
County against and from all claims, suits and actions, loss, injury, cost, attorn_ey's fee, :13ma. geI a.n..d... '
expense arising out of or from any accident or other occurrence, on or about the demised premises
causing injury or death to any person or damage in loss of personal property whosoever and
""whatsoever during the term of this Agreement and all extensions hereof. The Skimmer's obligation
ander this provision shall not be limited by Skimmers limit of, or lack of, insurance protection. The
Skimmers shall obtain and maintain with a reputable insurance company, at its sole cost and expense,
public liability insurance against property damage or personnel injury arising out of the construction
and use of the grandstand facility. Said insurance must specify detailed coverage on the grandstand
facility.
2. The Skimmers and/or Skimmers' general contractor shall take out and maintain during the course of
this Agreement, comprehensive general liability insurance coverage, including bodily injury and property
damage, in the amount of not less than $1,000,000 combined single limits. The Board of County
Commissioners of Collier County shall be listed as an additional insured on said policy.
3. The Skimmers and/or Skimmers' general contractor shall comply with Florida's Worker's
Compensation Law. The insurance coverage shall be for statutory limits in compliance with the applicable
state and federal laws. The policy must include employer's liability with a minimum limit of $100,000.00
each occurrence.
4. All insurance policies required shall be issued and written with a company or companies aut'~orized
to engage in the business of general liability insurance in the State of Florida and authorized to do business
under the laws of the State of Florida, with the following qualifications as to management and financial
strength:
The Company must be rated no less than "A" as to financial rating in
accordance with the latest edition of the Best's Key Waiting Guide
published by AM Best Company, Inc.
5. The Skimmers and/or Skimmers' general contractor shall deliver to County customary insurance
certificates of insurance prior to the construction of the grandstand facility which certificates shall clearly
indicate and evidence such paid up insurance and that said general contractor has obtained insurance in a
type, amount and classification as required for strict compliance with this Agreement. The said general
contractor shall agree to make no changes, or cancellations of the insurance without thirty (30) days prior
written notice to County. The said general contractor shall assure that the insurance coverage provided
shall require the company or companies writing such insurance policy shall provide to County, written
notice of cancellation thirty (30) days prior to any such proposed cancellation. County reserves the right to
reasonably amend the insurance requirements by issuance of notice in writing to the general contractor.
Said insurance shall not exceed that required by the County for similar projects. Upon receipt of such
notice the General Contractor shall have thirty (30) days in which to obtain such additional insurance.
Article 6. Utilities.
The Skimmers will be responsible for all utility service charges during the construction of the grandstand
facility.
Article 7. Development.
Skimmers shall be responsible for the retention of all necessary professionals, contractors and
subcontractors, etc., to complete the construction of the grandstand facility. All of same shall be legally
licensed to do business in Collier County and possess valid Occupational Licenses. Skimmers shall be
responsible for all payments to all of Same and does hereby and shall indemnify and hold harmless County
for any claims against County arising out of the construction of the grandstand facility. Skimmers shall use
all due diligence to attempt to obtain reasonable bids and quotes for each phase of construction of the
project. County may review all bids received by the Skimmers. The facility must be designed as shown in
the attached Site Plan.
Article 8. Financine:.
1. County agrees to contribute to the development of the facility in the amount of $47,138.41 for the
remaining construction of the grandstand facility. This amount represents the remaining unspent balance of
the project funds and an additional $4,000, which roughly equates to the additional interest earned on the
unspent balance. The Skimmers covenants and agrees that it will continue to solicit contributions and
donations from other members of the community to help offset the expense of the construction of the
grandstand facility. They shall provide the County with written updates as to the financing and expenditure
of County funds for this project. The County reserves the right upon reasonable notice to audit the
account or accounts for the construction project.
2. Payments shall be made to the Skimmers within 30 days of receipt of a summary invoice and the
supporting invoices from the project's general or sub-contractors, and upon satisfactory review by the
County or its authorized representatives. Due to the inordinate delay in permitting this project, invoices
may be dated prior to the term of this agreement upon satisfactory review by the County or its authorized
representative that the work was performed toward the design, permitting or construction of the
grandstand facility.
Article 9. General Provisions.
1. The Skimmers fully understands that the police and law enforcement security protection provided by
law enforcement agencies for the above-referenced demised premises is limited to that provided to any
other business or agency situated in Collier County, and acknowledges that any special security measures
for additional protection of the demised premises shall be the sole responsibility and cost of the Skimmers
and shall involve no cost or expense to Count},.
2. Skimmers agree that the facility shall be open to the public; however, the Skimmers shall have
priority use of the facility for activities, performances, practice~s, events, and or programs after County
activities are scheduled as long as Skimmers,, remains a not-for-profit corporation in good standing and
maintains an active roster of at least twenty-five (25) youths who are 19 years of age or younger. It is
hereby agreed that a schedule of dates for activities, performances, practices, events, and or programs shall
be established in advance by both the County and the Skimmers so as to avoid scheduling 'conflicts. This
schedule must be agreed upon no later than 30 days prior to event~ league, or program. Skimmers
expressly agrees for itself, its successors and assigns, to refrain from any use of the demised premises that
AUG O 3
pg ~"
would interfere with or adversely affect the operation or maintenance of the County's operations at the
p...~,k.
Article 10. Termination
Should the Skimmers' general contractor be found to have failed to perform his services in a manner
satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for
cause with a fourteen (14) day written notice. The County shall be sole judge of non-performance.
County shall be responsible for payment of all work performed up to the date of termination.
Article 11. Effective Date
This Agreement shall become effective upon execution by County and Skimmers.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
As to County:
Dated this day BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
of 1999
Attest:
D__.wight E. Brock, Clerk of Courts By:
Pamela S. Mac~Kie, Chairwoman
As to Skimmers:
Dated this c'~ ]<7~ day Gulf Coast Skimmers ter Ski Show, Inc.
of - C/']~d,q 1999
(P ' t i] Narl eT "' / ~.
Approved as to form and
Ll?avid U. Weigel
~,~i~nty Attorney -
A
EXECUTIVE SUMMARY
APPROVE BUDGET AMENDMENTS RECOGNIZING A FEDERAL EMERGENCY
MANAGEMENT AGENCY REIMBURSEMENT AND ADDITIONAL TOURIST
DEVELOPMENT TAX REVENUE AVAILABLE TO THE COUNTY MUSEUM.
OBJECTIVE: To provide the carry forward in the County Museum fund that has been
projected in the FY00 Tentative Budget.
CONSIDERATIONS: On September 10, 1996, the Board of County Commissioners ado. pted
Ordinance 96-54 which provided for budgeting a portion of the two percent tourist development
tax revenue to fund County owned museums. The ordinance also allows the budget to be
amended, provided the total funding for the museum does not exceed seven percent (7%) of the
net revenue received from the two percent tourist development tax.
During the process of developing the proposed FY00 budget, staff revised the two percent tourist
development tax revenue projections for FY99. As a result of the revised revenue projections, an
additional $2,400 became available for transfer to the Collier County Museum Fund (Fund 198).
The additional revenue is included in the FY00 Tentative Budget and is required to fund museum
operations as proposed.
The reimbursement from the Federal Emergency Management Agency (FEMA) of $998 for
expenses incurred during Hurricane Georges has been received and needs to be appropriated.
/-- FISCAL IMPACT: The budget amendments recognize $2,400 of additional Tourist
Development Tax revenue and increases the transfer to the Museum from $359,200 to $361,600
without exceeding the seven percent (7%) limit. The budget amendments also recognize and
appropriate $998 of FEMA reimbursement, for a total increase of $3,398 in the Museum Fund.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners approve the budget
amendments recognizing and appropriating the additional $3,398 of funding for the museum.
PREPARED BY: ~/gh.' Ana~l~'DATE:
Gary Vir~, ~enior t, Office of Management & Budget
· f ~_~~~ DATE: 7. Z~.
REVIEWED BY.,,Ro~ r, Collier County Museum
APPROVED : S~rvices Administrator
EXECUTIVE SUMMARY
APPROVE THE MEDICAID WAIVER CONTINUATION CONTRACT AND
AUTHORIZE THE CHAIRWOMAN TO SIGN THE CONTRACT BETWEEN COLLIER
COUNTY BOARD OF COUNTY COMMISSIONERS AND AREA AGENCY ON AGING
FOR SOUTHWEST FLORIDA, INC. DfB/A SENIOR SOLUTIONS FOR SOUTHWEST
FLORIDA
OBJECTIVE: The execution of this contract is necessary for uninterrupted support services to
Services for Seniors' frail, elderly clients.
CONSIDERATIONS: For the past 7 years, Collier County Services for Seniors has been
providing in-home support services to Collier County's frail elderly through this state and
federally funded program. This continuation contract for the period July 1, 1999 through June 30,
2000 will allow for the delivery of home and community based services such as homemaking,
personal care, respite care, and case management services to the County's frail elderly preventing
costly and permanent nursing home care. The majority of these clients would be unable to retail. in
in their homes without this help. The program requires no local matching funds.
GROWTH MANAGEMENT: There is no growth management impact from this recommendation
FISCAL IMPACT: There is no fiscal impact. All budgeted costs are reimbursed through
requests for payment (claims) to the State of Florida Medicaid fiscal agent. This program
requires no local cash matching funds.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners
approve the Medicaid Waiver Spending Authority Contract and authorize the Chairwoman to
sign the contract. The contract has been reviewed and approved by the County Attorney.
Jq~Ferre!l, Services for Seniors Accounting Technician '/
Reviewed and 'Z
Approved by: t..- . f. ~ Date:
i E. Lochner, Services for Seniors Program Manager
Reviewed and
Martha Skinner, Social Services Director ' '
Reviewed and
Approved by: l/{imas W. Olliff,'~c Services Administrator Date:
AUG 0 3 1999
5/99 Contract No. ADAW.203.99
Medicaid Waiver Spending Authority Contract
Area Agency on Aging for Southwest FIgrida, INC., Ct/b/a Senior Solutions
for SOUthwest FlOrida
THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, d/b/a Senior
Solutions for Southwest Florida, Inc., hereinafter referred to as the "area agency", and the Collier County
Board of County Commissioners, hereinafter referred to as the "case management agency".
The parties agree:
L The Case Management Agency Agrees:
A. Request for Payment
Service provider agencies should submit requests for payment (claims) to the Medicaid fiscal agent
within 60 days after services have been provided or document reasons for delayed submission of
claims which will be made available to the Area Agency on Aging upon request; if the service
provider fails to submit claims within 60 days and fails to document reasons for delayed
submission as required, spi~ding author~W amounts may be adjusted to reflect the' most current
claim (expenditure) information available. Future allocations amounts may be contingent on
timely submission of claims.
Usual and customary rates for case management and case aide (if applicable) services to be
provided by your agency are listed in Attachment I. Case management agency rate
increases/decreases must be forwarded to the area agency along with justification for any
increase.
B. Conflict of Interest
The case management agency hereby agrees that it will develop and implement a policy to ensure
that its e~mployees, board members, management, and service providers, will avoid any conflict of
interest or the appearance of a conflict of interest when disbursing or using the funds described in this
agreement or when contracting with another entity which will be paid by the funds described in this
agreement. A conflict of interest includes, but is not limited to, receiving, or agreeing to receive, a
direct or indirect benefit, or anything of value from a service provider, client, vendor, or any person
wishing to benefit from the use or disbursement of funds. To avoid a conflict of interest, the case
management agency must ensure that all individuals make a disclosure to the department of any
relationship which may be a conflict of interest, within thirty (30) days of an individual's original
appointment or placement on a board, or if the individual is serving as an incumbent, within thirty
(30) days of the commencement of the contract.
C. Audits and Records
1. To maintain books, records, and documents (including electronic storage med. ia) in accordance
with generally accepted accounting procedures and praciiees which sufficiently and properly
reflect all revenues and expenditures of funds provided by the area agency under all contracts
under this agreement.
5/99 Contract No. ADAW. 203.99
2. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy
or removal from premises by state personnel and other personnel duly authorized by the area
agency, Department of Elder Affairs, as well as by federal personnel, if applicable.
· 3. To maintain and file with the area agency such progress, fiscal and inventory and other reports
as the area agency may require within the period of this agreement. Such reporting requirements
must be reasonable given the scope eu-~d purpose of the coqtracts incorporating this agreement by
reference.
4. To include these aforementioned audit and record keeping requirements in all approved
agreements and assignments.
5. The case management agency agrees to respond to requests for client information and statistical
data for research and evaluative purposes when requested by the area agency.
D. Monitoring
1. To provide progress reports, including data reporting requirements as specified by the area
:: agency and Department of EIder Affairs. These reports will be used for monitoring progress~or
performance of the contractual services as specified in this agreement.
2. The case management agency agrees to coordinate meetings with the service proriders as
requested by the area agency when it becomes evident that spending authority amounts are not
being properly managed in accordance with this agreement.
3. To permit persons duly authorized by the area agency and the Department of EIder Affairs to
inspect any records, papers, documents, facilities, goods and services of the prorider which are
relevant to this agreement or the mission and statutory authority of the area agency or the
Department of EIder Affairs, and/or interview any clients and employees of the case management
agency to be assured of satisfactory performance of the terms and conditions of the contract.
Following such inspection the area agency will deliver to the case management agency a list of
its concerns with regard to the manner in which said goods or services are being provided. The
case management agency will rectify all noted deficiencies provided by the area agency Within
the time set forth by the area agency, or provide the area agency with a reasonable and acceptable
justification for the provider's failure to correct the noted shortcomings. The area agency shall
determine whether such failure is reasonable and acceptable. The case management agency!s
failure to correct or justify deficiencies within a reasonable time as specified by the area agency
may result in the area agency taking any of the actions identified in the Enforcement section, or
the case management agency's deeming the case management agency's failure to be a breach of
contract.
5~99 Contract No. ADAW.203.99
H. Spending Authority
The area agency authorizes payment in accordance with Attachment I to this agreement in the amount of
$59,624 for the Home and Community Based Medicaid Waiver for the first quarter of SFY 99-00. The
area agency has authorized payment in the amount of $1,594 for the Consumer Directed Care Medicaid
Waiver for the first quarter of SFY 99-00. The case management agency may, with prior written approval
from the area agency, move money between the Home and Community Based Waiver and the Consumer
Directed Care Waiver within the total allocated amount for both waivers.
Case management agencies must not exceed allocated spending authority limits without first obtaining
written authorization from the area agency On aging and/or The Department of EIder Affairs. Case
management agencies are responsible for continued monitoring of service providers to facilitate
compliance with this requirement.
HI. The Case Management Agency and Area Agency on Aging Mutually Agree:
A. Effective Date
1. This contract shall begin on - July 1, 1999 or on the date the contract has been signed by
both parties, whichever is later.
2. This contract shall end on Jund30, 2000
B. Termination
1. Termination at Will
This agreement may be terminated by either party upon no less than thirty (30) calendar days
notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing.
Said notice shall be delivered by certified mail, return receipt requested, or in person with proof
of delivery.
2. Termination Because of Lack of Funds
In the event funds to finance this agreement become unavailable, the area agency may terminate
this agreement upon no less than twenty-four (24) hours notice in writing to the case management
agency. Said notice shall be delivered by certified mail, return receipt requested, or in person
with proof of delivery. The Department of Elder Affairs shall be the final authority as to the
availability of funds.
3. Termination for Breach
Unless the case management agencys breach isivaived by the area agency in writing, or the case
management agency fails to cure the breach within the time specified by the area agency, the area
agengy may, by written noti~ to the case management agency, terminate this'agreement upon no
less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return
receipt requested, or in person with proof of delivery.
1. The provisions herein do not limit the area agency's right to remedies at law or to damages, or
to legal remedies of an equitable nature.
1999
~/99 Contract No. ADAW.203.99
C. Notice and Contact Information
1. The name, address, and telephone number of the contract manager for the area agency for this
contract is:
Terry F. White, Executive Director
Area Agency on Aging for Southwest Florida, Inc.
d/b/a Senior Solutions for Southwest Florida
2285 First Street
Fort Myers, Florida 33901
(941) 332-4233
2. The name, address, and telephone number of the representative of the area agency on aging
responsible for administration of the program under this contact is:
Nanci Lochner, Program Supervisor
Collier County Services for Seniors
Collier County Government Complex
3301 Tamiami Trail East, Building H
(941)774-8443
3. In the event different representatives are designated by either party after execution of this
contract, notice of'the name and address of the new representative will be rendered in writing to
the other party and said notification attached to originals of this contract. ~,
IN WITNESS THEREOF, the parties hereto have caused this 5 page contract to be executed by their
undersigned officials as duly authorized.
CASE MANAGEMENT AGENCY AREA AGENCY ON AGING:
Aiea Agepc,, on Aging for Southwest Florida
BOARD PRESIDENT OR
AUTHORIZED DESIGNEE
SIGNED SIGNED
BY: BY:
NAME: Pamela S. Mac ' Kie NAME: John Koehler
' TITLE: Chairwoman TITLE: Board President
DATE: DATE:
FEDERAL ID NUMBER: 596000538
Approved as to legal form and sufficiency:
Chief Assistant - County Attorney
Attest:
AU6 0 3 1999
Dwight E. Brock, Clerk
,-. 5/99 Contract No. ADAW.203.99
Attachment I
Services to be provided:
Case Management - Services which will assist individuals who receive waiver services in gaining access
to needed waiver and other State plan services, as well as needed medical, social, educational and other
services, regardless of the funding source for the services to which access is gained.
Case managers shall be responsible for ongoing monitoring of the provision of services included in the
individual's plan of care. Case managers shall initiate and oversee the process of' assessment and
re, assessment of the individual's plan of care and the review of plans of care at such intervals as are
specified in the State of'Florida Agency for Health Care Administration Home and Communi_ty Based
Waiver For Aged/Disabled Adult Services 1915(c) Medicaid Waiver Renewal Request, dated May 1998.
Case Aide - Case Aid services are provided by paraprofessionals under the direction of case managers.
Case Aides maximize the productivity of'case managers through the use otmore cost effective assistants
for routine rkonprofessional tasks. Case aides will not formulate care plans otperform needs assessments
or re. assessments. Case aides services include: assistance with implementing plans oE care, oversight and
supervision ofprovider training activities, facilitating links of'providers with recipients via telephone
contacts and visits.
CASE MANAGEMENT AGENCY UNIT RATES - FISCAL YEAR 1999-00
Case Management Agency: Collier County Services for Seniors
County Served: Collier
Case Management Unit Rate: $ 43.60 / hour
Case Aide Unit Rate: $ n/a / hour
PLEASE NOTE: The Medicaid billing agent will pay an organization's usual and customary rate for service or
the maximum rate allowed by Medicaid, whichever is lower. Currently the maximum ADA Waiver rates allowed
by Medicaid are as follows:
Case Management: $45. O0 / hour
Case Aide: $21. O0 / hour
AUG O 3 199g
EXECUTIVE SUMMARY
AUTHORIZE AN APPLICATION FOR A MATCHING $10,000
URBAN AND COMMUNITY FORESTRY GRANT
OBJECTIVE: Continue efforts to construct a series of educational public gardens
CONSIDERATIONS: The Department of Agriculture and Consumer Services
administers Urban and Community Forestry (U&CF) grant funds. Collier's Departmeni of
University Extension Services is eligible to apply for $10,000 to be used in demonstration
tree planting. U&CF grant funds require a dollar to dollar match. Only 10% of the funds,
or $1,000 may be used for site preparation costs while the County's site requires $13,400
for site preparation. Ifapproved the $13,400 would serve as the local match.
This phase of the project would build on previous phases including (1) the $37,000 grant,
which completed the vegetable recycling garden, (2) the $7,000 of in kind donations
already received and, (3) $31,000 of private funds donated for a 4-H Children's and
"Other" Garden. If this item is approved and the grant received, these funds, along with
the $31,000 in private funds, will provide a sufficient budget to complete all of the three
gardens that make up Phase I of the project.
FISCAL IMPACT: $13,400 from the general fund reserves will be required.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this item.
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
authorize an application for $10,000 U&CF state grant funds to plant trees and authorize
a $13,400 budget amendment to complete site preparation.
Approved b3).:' ~~~J~ff~
Thomas W. Olliff, P~ii~rvices Administrator
' 0 3/1999
EXECUTIVE SUMMARY
"AUTHORIZATION OF A WORK ORDER UNDER THE COUNTY'S ANNUAL
ENGINEERING AND DESIGN CONTRACTS FOR BARANY SCHMITT SUMMERS
& WEAVER TO PROVIDE A COORDINATED SITE DEVELOPMENT PLAN OF
THE GOLDEN GATE COUNTY GOVERNMENT COMPLEX
OBJECTIVE: To provide a site development plan that can coordinate the near and planned
longer term development on the Golden Gate County Government Complex.
CONSIDERATIONS: The County's FY 00 budget includes a project to construct a new
+5,000 square foot satellite government building to house the Tax Collector, Property
Appraiser and Clerk of Courts. This building ii to be located at the County owned site that
currently holds the Golden Gate Community Center, the Golden Gate Branch Library, and a
joint pubhc safety building that houses the Sheriff substation, EMS and the Golden Gate Fire
Department. Eventually, an expansion of the Branch Library will be required, growth in the
Golden Gate area will likely require the expansion of the public safety building and there is
already BCC direction to pursue additional acreage to the north of this property for park
expansion as well. In order to coordinate common uses such as parking, water management,
ingress and egress to ensure that necessary expansions can be accommodated and to maximize
the site's potential, an overall Site Development Plan is required. If approved at the August 3,
1999 meeting, this project can be accomplished without affecting the aggressive schedule for
the building to be constructed in this next fiscal year. Without this planning effort there is a
serious concern that the construction of the building scheduled for next year will affect the
ability of other expansions and will build stand alone utilities that will have to be re-done
when other future expansions are accomplished.
FISCAL IMPACT: The cost for the project is $54,000. The cost will be borne by the
current tenants of the property who will all benefit when planned expansions occur. Funding
will be provided from Park, Library, and EMS Impact fees and will require approval of a
budget amendment as part of this item.
GROWTH MANGEMENT IMPACT: There is no direct Growth Management Plan impact
associated with this item. However, the ground work done through this master planning
effort will allow for much improved expansion projects for Parks, the Library and EMS all of
which will be required by GMP level of service standards.
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS,
authorize a work order under the County's annual design and engineering contracts with
Barany Schmitt Summers & Weaver to provide a County approved site development plan for
the Golden Gate County Government Complex after review by the County Attorney's Office
and authorize all necessary budget amendments.
b~:
Prepared ~fi~jnZt~Services Administrator
Prepared by: ,/"'~fl~~r"/~
Skip Camp, Facilities Management Director
EXECUTIVE SUMMARY
WAIVE REQUIREMENT FOR FORMAL COMPETITION AND AWARD CONTRACT
Objective: To determine it is in the best interest of the County to waive requirement for formal competition
and contract with the recommended bidder for renovation of a soccer field at Vineyards Community Park.
Consideration: Due to heavy usage, soccer field 2 at Vineyard Community park needs to be renovated before
the start of the fall soccer season. Because of delays in securing an adequate water supply for irrigation to the
park, renovation of the field needs to be started as soon as possible, so as not to delay the soccer season. Hence,
sufficient time does not exist to obtain formal sealed bids. Accordingly, written quotes for this project were
solicited by the Parks and Recreation Department on June 29. Three quotes were submitted as follows:
Mike Cole Enterprises $62,775
Glass Golf, Inc. $65,812
Lippold Enterprises, Inc. $69,375
Staff has reviewed the quotes received and recommends award to Mike Cole Enterprises as the lowest, qualified
and responsive qdote that can meet th6 required timeframe.
Fiscal Impact: Funds are budgeted in Parks and Recreation Landseaping, Capital Improvements, General
Fund.
,rowth Management: None
Recommendation: That the Board of County Conxmissioners waive the requirements for formal competition
and award a contract to Mike Cole Enterprises in the amount of $62,775.
-- .,
-Prepared by: ..: . '7 / Date:
James Fitzek, Operations Manager
Department of Parks and Recreation
Reviewed and
Approved by: .. ? ..( /f'7' ,., I) ..... , Date:
Marla Ramsey, Director /'
/
Department of Parks and Recreation
Reviewed and - / ' ~ 0"'~
Approved by: ~ :,4') (-?_xi~ '2, ,"!." Date:
Steve Camell, Director
Department of Purchasing
-'-~eviewed and
Thomas W. Olliff, Admii~i~tor
Division of Public Services
77. ZZ'.Z 77.7. ,',::','Z 7. Z"TZ','.:'FZ::Z', ,T7...'.: Z::Z, :' _:::::E ..';TZ::Z,
._,'~:.:'.7..%::7: ::,'~T"..::'.L Z:.: :'7
:'7.:':.-: Z'7:: 'Z'jT 7"_':::T.'..::'7 ::; ::_:j::::: :.'_"..': ........
AGENDA I~TOEM
No.. ~' (,.2 ~
AUS 0 3 1999
Pg.
:\.?,"2YTZ_': D:' L' .',':':.
" ~ AGENDA
MEMBERS OF;
GoEr Course Builders
Association ot Amedca
Golf Course Superintendents
Associallon Of America
Florida Turf Grass Association
Everglades Golf Course
Golf Course Consl'ructlon &Renovation Superintendents Associalion
June 30, 1999
TO: John Waiters, Field Supervisor
Golden Crate Community Park
3300 Santa Barbara Blvd.
Naples, FL 34116
FROM: Wayne Lippold
RE: Proposed Soccer Field Renovation - +/- 92,500 square feet
Per our meeting and site tour Tuesday, June 29, 1999 and using the measurements you
provided, the following is our proposal for the said renovation:
SCOPE OF WORK:
A. Application of Round-up by in house staff ten (10) days before rototilling.
B. Renovation of Soccer Field - +/- 92,500 SF
1. Rototill existing soil +/- 8" until uniform.
2. Rough grade.
3. Fumigate with methyl bromide at rate of 1 !b. per 100 square feet and seal
with 1 mil polyethylene film. Allow 48 hours before removing covers. Tarps
to be hauled to on site dumpseer provided by Owner.
4. Final grade with laser box blade.
5. Install 419 sod and fie in.
ITEMS B #1 - #5 to be completed for:
+/- 92,500 SF x $.75PSF = $69,375.00
Unit Price Prevails
· NOTE: If fumigation is eliminated, the cost would be $56,425.00.
Re~~
AGENDA IT___EM
Wayne'Lippold No. ~/z C I L,
AUG 0 3 1999
1236 Lake Shore Dr · Naples, Floricla 34 ] 03
941-262-2561 · Fax 94]-262-3630 Pg,;" ~
~ 7114/99
Glase Golf, Inc.
27730 Faygin Lane Bonita Springs, Flodcla 34135 (:941) 947-8700 Fax (941) 947-871
VINEYARDS ELEMENTARY SCH(X)L SOCCER FIELD 13 RENOVATION
Desai!~an . Qty Unlt~ Unit Price Total
Ratat.~g
Soccer Field 101,250 sq ft $0.07
(depth of 6-e inches)
Rough Gmdh~g
101,250 sq ft ~0.06 $6,rl5.00
Fullmigetloll
Methyt Bromide 101.250 sq ft $0.16 Sl 6,206.00
~ 1 IbJ100 sq. ft.
Includes tarp removal
Final Grading I Lase' Leveling
101,250 sq ft $0.12 $12,160.00
8o¢lding
Ro/led bermuda Sod 1 01,250 sq
TOTAL PRIQE INC3_UDING FUMIGATION I, IZTO'I2,SG
TOTAL PRICE WrTHOUT FUMIGATION $6&at2.50
AGENDA ITEM
No,-L/,. C t~'
AUG 0 3 1999
COLLIER COUNTY BOARD OF 'COUNTY COMMISSIONERS
DEPARTMENT OF PARKS AND RECREATION
~EC""'~T FOR PURCHASE ORDER Check One: P.O.: /~ Blanket P.O.: FPO:
Date: 7' 26- ~,q Purchase Order Number:
Contact Person & Phone Number U'~5(/,q/, (ddc~.-'~-r')L'3- 0767
~DANTi~ UNIT DESCRIPTION UNIT ~TENDED COMMENTS
PRICE COSTS
/
I
/
1IS FORM MUST BE FILLED OUT COMPLETELY TOTAL: d,; ,~ 7Y~' .
ere quotes required? ... f-e ~ Attached? y-~'? No~ lt_~ (' it..5
hat is this product? fl~
hy is it needed? 7b
Insu~xCe Needed? ..~/.f/:,S Attached? Pa. [~ . ·
3jec or Functio .ae~r/,,~r Account c:~ ( - [5C 3~ z_ _/;,~,-r.; _ ..... .'
er''item:
!quested by.L Approved:
.~taff Member / Date Supervisor / Date
EXECUTIVE SUMMARY
RECOMMENDATION TO AWARD ANNUAL BID NO. 99-2937, UNIFORM RENTAL.
OBJECTIVE: To award an annual contract for uniform rental that will be utilized by various
County departments.
CONSIDERATION: On May 21, 1999 formal bid invitations were posted in the lobby of the
General Services Building and distributed to 14 firms that provide these services. On June 30,
1999 bids were received and opened from three (3) firms. A tabulation sheet is attached to this
summary.
Staff has reviewed the bids received and UniFirst Corporation has offered the lowest bid for the
high-use categories, and if is requested that approval be given for a two-year contract with this
vendor.
The specifications has a renewal option for an additional period of two (2) years. It is requested
that approval be given for the additional two (2) year renewal.
FISCAL IMPACT: Approximately 600 employees of the Public Works, Public Services and
Support Services Division use this service. Monies are budgeted in the department's respective
budgets.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners award Bid No. 99-2937 for
Uniform Rental to UniFirst Corporation, and also approve the two (2) year renewal option.
SUBMITTED BY: ~ l~., ,,(..~ ~. ~,-. ~:, 7-~, ~"C(' Date: , '.~2,... "·
Rhonda Snell, Buyer I
Purchasing Department
Stephen Y. Cm~ll, Director
Purchasing/General SeNices
~PROVED BY: "' C ....
h d
Leo E. Oc s, A ~inistrator
Suppo~ Se~ices Division-"
Bid #' ~7 Unife )~ntal )
Projccl Title: Uniform Renlal Project Mgr: Inquiries Sent: 14
Tabulation I'or Bid: 99-2937 i,thonda Snell Packages Rec: 3
Opening Date: 30-Jun-99
' (; & K Unilirst
ITEM I) ES( ;It I PTI ()N A ramark
Services Corp.
,Indusllial, ('hangcs 5/5 IhHt Ih'icc $5.75 $4...5{1 $4.18
l'rice I'or 32 $184.00 $144.00 $133.76
Industrial Golf, Changes 5/5 Unit Price $6.50 ~, $5'50 .. $5.0~ ...........
X , Price for ! 88 $1,222.00 ' $1,034.0B $943.76
I ..
lndust6al Golf, Changes 7/7 Unit Price ~9.10 $7.70~ $6.3~
Price f<~;' 54 $491.40 $415.80 $345.06
i!xcculi vc, ( 'hangcs 5/5 I lnil I';'icc $7.50 $(I.01~i
', I'ricc t~,' d8 $31~(}.U0 $288.()0 $268.86
Combination Golf, Changes 5/5 Unit Price $6.50 $6.00
Price IBr 11 $71.50 $66.00 $54.78!
Combination Golf, Changes 7/7 Unit Pric'e $9.10 $8.40 $6,33
Price for 4 $36.40 $33.60 $25.32
i
i
Executive (Female), Changes 5/5 Unil l'ricc $6.50 $6.00 $5.75
!'rice for I $6.5(} $6.110 $5.75
Executive (Fcmalc)-Golf, Chgs 5/5 Unil Price $6.50 $6.00 ........ $5.7~' .. "'
~ Price for 2 $13.00 $12.00 $I 1.50~
~ Page 1 of 3
Bid #99-2937 Uniform Rental
ITEM I) ESC!,t!PTION
Lab Coats, Change. s 5/5 Unit I'rice $5.00' $5.00 $2.45
, ', Price for 4 $20.00' $20.00 $9.80
Shorts. Ch!mgcs 5/5 Unit price $2.00 $5.25 $2.14
l'ricc I'{H- 2(/ $4.(1(i $105.00 $42.80
i Welder's, Changes 5/5 Unit l'rice $13.10 $6.50 .......$~.79 ...............
I Price for 2 $26.20 $13.00 $19.58
Welder's, Changes 7/7 Unit Price $18.34 $9.10 $12.46
Price for 4 $73.36 $36.40 $49.84
Fcndcr Covc,'s, Changes 4 Unit P,'icc $0.65 ..60 $0.60
Price f{n' 210 $136.51) $2.40 $126.00
; Jackcts,. Changes I Unit Pricc $0.9b $1.50 $0.45 "'
: Price for 25 $22.50 $37.50 $11.25
Shop Aprons, Changes 10 Unit Price $0.45 $0'.70 $0.60
Price for 15 $6.75 $10.50 $9.00
Floor Mats, Changes 3 Unit Price $1.76 $2.00 .............".$~.06 ................
Price for 6 $10.56 $12.00 $12.00
"' TOTAl, i111) I'RICic~ $2,720.6~ $~,236.20 $2,069.06
, ~
~ = Page 9 of 3
ITEM !)ICSCR!!HION
S hop '1 'owcls/R ags $0.08 $0.065 $0.07
scc note
('()Sdjll)('()lllll.,V I(~ Icltlac'c h~sl ~)1
shi~ ts $7.5~ $15.00 $
scc notc
Cost to County to replace Iosl or damaged
Irotlscrs $10.50 $15.00 $1
see note
Volldol' agl'CCS Io rcPair/rePh~ccmcnl/alteralions
ithin/ i e (5) working days of receipl 7cs yes
w f v no
Rct~rcnccs Allached? yes yes yes
VCIId()l' ~lgl'CCS TO cunH~ly wilh c~mH~laint ....
procedures Ps described wilhin spccifications 7es yes ~es .....
Addehdum Acknowledged? yes yes yes
PromPI Paymeni Terms none no no
I
Iluycr: I{honda Snc , :~L~G . ' ,
Witness: Rul~cn Pucntc ~ .,~-~?
~ · Page 3 of 3
EXECUTIVE SUMMARY
RECOMMENDATION TO CHANGE INVOICE PROVISION IN FOUR (4) EXISTING
CONTRACTS.
OBJECTIVE: To change the provision in the following four (4) existing contracts that
require the vendor to provide invoices for any parts and/or supplies purchased at $50.00
and over.
98-2887 On-Call Plumbing Contractor
98-2879 On-Call Electrical Repairs & New Installation
98-2877 On-Call Mechanical Contractor
98-2895 On-Call HVAC Contractor
CONSIDERATION: We have four (4) current contracts that contain the following
provision:
Parts purchased for on-call service shall be reimbursed at cost plus
applicable mark-up. The vendor shall provide documentation with
their invoice of the cost for parts (i.e., invoices) for all items with the
extended price of fifty dollars ($50.00) or more.
----- We have received comments from County departments and vendors that the fifty dollar
($50.00) amount is too low. This creates a lot of extra paperwork and time on both the
vendor and the department.
After research of the matter, the Purchasing Department recommends that we increase
the current amount of fifty dollars ($50.00) or more to two hundred fifty dollars ($250.00)
or more. The revised language would read as follows:
Costs for all incidental materials necessary to complete a project shall
be listed on the invoice. A breakdown of material shall be required,
including documentation of costs when such costs exceed two hundred
fifty dollars ($250.00). Miscellaneous items totaling $250.00 or less
will not require documentation. However, the County reserves the right
to periodically spot check items less than the threshold. Items under
$250.00 will be labeled as "miscellaneous supplies".
We have signed letters from the vendors this change will effect, stating they are
agreeable to this change.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None
EXECUTIVE SUMMARY
PAGE TWO
RECOMMENDATION: To have the Board of County Commissioners approve the
provision change in four (4) existing contracts (98-2887; 98-2879; 98-2877; 98°2895).
Purchasing Department
StepheZY. Carn%ll, Director
Purchasing/General SeNices
Leo E. Ochs, Admini,str~r
Suppo~ SeNices /
AUG 0 3 1999
EXECUTIVE SUMMARY
AWARD OF BID #99-2949, "GASOLINE AND DIESEL FUEL."
OBJECTIVE: Obtain Board of County Commissioners approval to award Bid #99-2949 for
gasoline and diesel fuel purchases.
CONSIDERATION: Fleet Management administers the procurement of fuel for all agencies
operating under authority of the Board of County Commissioners. The current fuel contract
expires on September 30, 1999. The City of Naples and the Collier County School Board have
joined with the County again this year to form a buying consortium to solicit bids for gasoline
and diesel fuel. Bid #99-2949 was posted on May 21, 1999, for a two-year contract beginning
- :. October 1, 1999, with options to renew for two additional one-year periods. Eleven bid
invitations were sent to prospective vendors and 3 responses were received by the Ju13/:8, 1999,
closing date.
--'- Bids were made in 13 categories based on weekly average prices for each product as reported by
the Oil Price Information Service (OPIS), plus a firm markup for the term of the contract. Award
is recommended by primary and secondary vendor. If the primary vendor is unable to make
deliveries under provisions of the contract, the County may order from the secondary vendor.
The following were the low bidders recommended for award in each category (see attached bid
tabulation):
Category Primary Secondary
Unleaded Regular Transport Mansfield Oil Petroleum Traders
Unleaded Midgrade Transport Mansfield Oil Petroleum Traders
___ Unleaded Premium Transport - Mansfield Oil Petroleum Traders
Unleaded Regular Tankwagon Petroleum Traders Truman Arnold
Unleaded Midgrade Tankwagon Petroleum Traders Truman Arnold
AUG O 3 19
--- Category Primary Secondary
Unleaded Premium Tankwagon Petroleum Traders Truman Arnold
Combined Reg./Diesel Transport Petroleum Traders Mansfield Oil
Combined Mid./Diesel Transport Petroleum Traders Mansfield Oil
Combined Prem./Diesel Transport Petroleum Traders Mansfield Oil
Diesel #2 Low Sulfur Transport Mansfield Oil Petroleum Traders
Diesel #2 High Sulfur Transport Mansfield Oil Petroleum Traders
Diesel #2 Low Sulfur Tankwagon Petroleum Traders Truman Arnold
Diesel #2 High Sulfur Tankwagon Petroleum Traders Truman Arnold
FISCAL IMPACT: During the next two fiscal years, fuel costs are estimated at $720,000.00
per year, and $740,000.00 for each of the two renewal years of this contract. The costs will be
paid from revenues received from all user organizations by the Fleet Management Fuel
Distribution Fund (521-122450-652410) as budgeted annually. The City of Naples and the
School Board will make direct payments to the awarded vendors for fuel delivered to their
refueling facilities.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: Award Bid #99-2949 to the primary and secondary vendors listed in
_ this summary.
SUBMITTED BY: "'~//,zd,') ' /'' '" < ' '
Croft, Fleet i4ag g r 7/
Sk~ d~p, Facilities Management Director
~pROVEDBy:'~f~:~%
Leo Ochs, Jr., Suppo~ Seaices Administrator
,,' /
AUG O 3 1999
Bid #99-2949 Gasoline and Diesel Fuel. ,,
Project Title: Gasoline and Diesel Fuel Project Mgr: Inquiries Sent: 1 I
Tabulation for Bid: 99-2949 Dan Croft Packages Rec: 3
Opening Date: 8-Jul-99
Petroleum Truman Mansfield
ITEM DESCRIPTION Traders Arnold Oil ..'.:'
Unleaded Regular 87 AKI Transport
Markup/Discount $0.0279 $0-0450 $0.0245
Port Location Miami/PE Miami/PE : . 2: i'i .
Unleaded Midgra:de 89 AKI Transport : .
$0.0189 $0.0450 :' $'0.0175 :.... ..... : .....
Markup/Discount ...: ........ .: ..........
Port Location Miami/PE Miami/PE ... :.:..: ............ ::.:....:. !:.:...........
2.. .... ,., ..... '
.
Unleaded Premium 93 AKI Transport . .. :: ..... :.. ::. .
Markup/Discount $0:0099 $0.0450 i$0.0060
...... ,, , 2.,,. ,
Port Location Miami/PE Miami/PE :: :
22. ·
Unleaded Regular 87 AKI Tankwagon .i:: !'
Markup/Discount $0.0675 $0.1450 NB
Port Location Miami/PE Miami/PE ::: . ....
Unleaded Midgrade 89 AK1 Tankwagon " ·:
~ 22 ,. . -..
Markup/Discount i$0.0675 $0.1450 NB' : i.
Port Location Mia,ni/PE Miami/PE '.:::
· . .... Z"' .Z ..'
Unleaded Premium 93 AK1 Tankwagon . . . ;~ ............
.~_~ Markup/Discount · $0. 4s0
, ~ Poa Location Miami/PE: Miami/PE ::: · . .::::: :.::
'1of3
)
Bid t/:~:~-2949 Gasoline _ .a Diesel Fuel
Petroleum Truman Mansfield
ITEM DESCRIPTION Traders Arnold Oil
Combined Regular 87 AKI/Diesel Transport ,0450/Gas
Markup/Discount , $0,0279 ,0560/Diesel $0,0313
Port Location Miami/PE i: ii Miami/PE
Combined Midgrade 89 AKl/Diescl Transport 0450/Gas ~ :::~2~' ·
Markup/Discount $0,0189,0560/Diesel . $0,02778, :.:.::...:.'-.
i/pE
Port Location Miam !:i:iMiami/PE :: : ::: "
Combined Premium 93 AKl/Diesel Transport ..... :... ,0450/Gas $0:0220 : :: . ..
$0
Markup/Discount ,0099 ,0560/Diesel ·
..... · ............ .....
Port Location ,Miami/PE Miami/PE · :"-'
!, , ... , .....-....
Diesel #2 Low Sulfer Transport . :. .: · i :i ::::..... :: :': :.::': ::::: ::::":':'
Port Location Miami~Ei:iZi!i:iMiami/PE
· .-...
Diesel #2 High Sulfer Transport :
Markup/Discount $0,0388 $0.0560 $0,0330
Port Location Miami/PE! !' Vliami/PE · '::
· i Diesel #2 Low Sulfer Tankwagon ::
Diesel #2 High Sulfer Tankwagon : .
'.' -'.'.'-'.: 7 :.,:-'. ........ "'" '.' ."",'
~ ~ ~ Markup/Discount i $0,:0675 $0,1560 NB
~~ Port Location Miami/PEi Miami/PE ...: ·... .... ..:.. :::.
~ J~ page 2 of 3
Bid #99-2949 Gasoline and Diesel Fuel
Petroleum Truman ManSfield
ITEM DESCRIPTION Traders . Arnold Oil
,'. Emergency Information Attached? Yes No Yes
Emergency Cleanup Plan Attached? Yes No Yes ..
See Note · · .: :i :: .,..
Prompt Payment Terms Net 30 ': Net 30 Net30::..:::
· ....
Buyer: Rhonda Snell :: :::::':-:::' ::' ..":'i'-
Witness: Ruben Puente ............. ..............
3of3
EXECUTIVE SUMMARY
APPROVE AGREEMENTS FOR FIXED TERM PROFESSIONAL ARCHITECTURAL
SERVICES, RFP 99-2930.
OBJECTIVE: To approve and award Fixed Term Agreements to three Professional
Architectural Firms.
CONSIDERATIONS: On April 16, 1999 the County Administrator authorized a selection
committee to evaluate and rank responses to an RFP, and authorized staff to negotiate Fixed
Term Contracts with several of the top ranked firms. RFP 99-2930 was advertised for bid and
notices were sent to sixty-two (62) prospective bidders on April 28,1999 resulting in fifteen (15)
requests for bid packages. Eleven (11) firms submitted their proposals prior to the May 28, 1999
closing date. On June 22, 1999 the BCC approved the short list and authorized staff to negotiate
agreements with the following firms:
1. Barney Schmitt Summers Weaver and Partners, Inc.
2. Victor J. Latavish, AIA Architect
3. Alfred French and Associates, Inc.
Staff recommends that agreements be authorized and approved for the top ranked three (3) firms
for Fixed Term Professional Architectural Services.
FISCAL IMPACT: Funds for these services are limited to the individual department operating
and capital cost centers.
GROWTH MANAGEMENT IMPACT: These Agreements may be used in compliance with
the Growth Management Plan.
RECOMMENDATIONS: That the Board of County Commissioners approve Fixed Term
Agreements for Architectural Services with: Barney Schmitt Summers Weaver and Partners,
Inc.; Victor J. Latavish, AIA Architect; and Alfred French and Associates, Inc.; and authorize the
Chairwoman to execute the Agreements on behalf of the Board, after review by the County
Attorney.
PREPARED BY: , ta DATE:
Bob Pierce, Project Manager
Facilities Management Department
AUG 0 3 1999
.... Page 2 of 2
Executive Summary
Facilities Management
Fixed Term Architectural Services
RFP 99-2930
REVIEWED ~ ck Crognale, ~ Project Manager
' ' ' ' s Managen~ent DePartment
REViEWeD ~V: //??~~fl._~}// DATE:
Skip Camp, Director'
Facilities Management Department
REVIEWED BY: ~.L~,.;~,.~/qg_l~i/'fp~) t-JA,~. ,S L/C~ DATE:
~tephen Y. Camell, Di]-ecto~)'
Purchasing Department
Leo E Ochs Jr Adm~mstrato
Supp;;r; Servic;s I~ivi
EXECUTIVE SUMMARY
APPROVAL OF THE COLLIER COUNTY GOVERNMENT EQUAL EMPLOYMENT
OPPORTUNITY PLAN
OBJECTIVE: To request BCC approval of the Collier County Government Equal Employment
Opportunity Plan.
CONSIDERATION: The BCC is the grantee for grant funding received by the Sheriffs Office
and the Clerk of Courts from the U.S. Department of Justice. The Department of Justice requires
the grantee to have an Equal Employment Opportunity Plan (EEOP). The purpose of an EEO
Plan is to ensure full and equal participation of men and women regardless of race or national
origin in the workforce of the recipient. As a recipient, the Board Agency is required to maintain
an EEOP on file for review by the Office of Justice during their monitoring visits.
An EEOP is a document that analyzes the agency's workforce in comparison to its relevant labor
market data and all agency employment practices to determine their impact on the basis of race,
sex. or national origin. The report includes the County's EEO Policy, the results of the
comparison of labor market data, and goals and objectives to overcome any deficiencies.
.-- The plan has been reviewed by the County Attorney's Office as well as our outside labor counsel.
FISCAL IMPACT: There is no fiscal impact for the plan. However, the EEOP is a grant
requirement for receiving the grant funding. The Sheriffs Office grants total $5,630,636 from
the U.S. Justice Department. The Clerk's grant totals $249,821. Failure to have an EEOP could
result in suspension of drawdown of funds until an EEOP has been approved.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: It is recommended that the Board approve the Collier County Board
Agency Equal Employment Opportunity Plan.
SUBMITTED BY?' - ~'~A4,4,1 ,dl~z~2--
Date::' /~/ /
Jet}hlf:er' j.' ~{.G~ds,~u~ Resources Director
A 7/
APPROVED BY: Leo ~. Ochs, Jr., Supp dministrator
,,' AUG 0 3 1999
Collier County Equal Employment Opportunity Plan
Introduction
The Collier County Board of Commissioners is the Grantee for two agencies receiving U.S.
Department of Justice grants: Collier County Sheriffs Office and Collier County Clerk of
Courts. The Clerk's Grant number is 99-CJ-9M-09-21-01-212. The Sheriffs Grant numbers are
as follow:
98 -CJ-6J-09-21-01-201 98-CJ-9M-09~21-01-003
98-CJ-6J-09-21-01-202 99-CJ-9M-09-21-01-002
98-CL-WX-0131 95-CC-WX-0265
J7-99-06-06-01 97-WE-VX-0022
97LBVX4249 98LBVX4249
As the Chief policy-determining body of the County, the Collier County Board of
Commissioners is responsible for providing to the residents of Collier County services that
protect their health, safety and welfare. To this end, the Board hires a County Administrator to
manage the operations that provide quality services to the citizens. The main Collier County
Government Center is located at 3301 Tamiami Trail East, Naples, Florida 34112.
For information regarding the Sheriffs projects, contact Joyce Houran, Grant Coordinator at
941-774-4434. For information regarding the Clerk's grant, contact Kelly Jones, Accountant II,
at 941-774-8356.
Personnel Management Overview
The Collier County Board of Commissioners establishes Human Resources policies and the
County's Human Resources Department develops the procedures to administer the policies.
These Human Resources procedures are compiled in a manual which is distributed and reviewed
with all employees at their date of hire and updated as necessary to meet the needs of the
organization. All revisions are approved by the Office of the County Administrator and
distributed to existing employees for inclusion in their copy of the procedures.
Collier County_ Policy
The Human Resources Practices and Procedures Manual contains the County's Equal
Employment Opportunity procedure. This procedure was enstablished effective Octoberl, 1990,
and has recently been updated by the County Administrator effective march 17, 1999. The
procedure follows:
AUG 0 3 1999
Collier County Equal Employment Opportunity Plan
Page 2 of 4
It is the practice of the County to ensure that all Human Resources procedures are in compliance
with state and federal law. The County prohibits discrimination as defined by state and federal
All Human Resources practices, including compensation, benefits, discipline, safety, as well as
social and recreational activities will be administered and conducted in compliance with state
and federal law.
All recruitment, selection, placement, promotion, transfer, training, and layoff decisions will be
based solely on the candidate 's/employee's job-related quah~cations and abilities. Seniority
may be considered as a factor given other factors are equal.
An outreach program may be utilized to recruit, hire and ensure advancement of quahfied
minority group members, women, disabled individuals and veterans.
Collier Count2/' government will take the necessary steps to ensure that the work environment is
free of unlawfid discrimination or harassment.
Collier County will continue to review its Human Resources procedures to ensure that its
supervisors and managers adhere to its commitment to Equal Employment Opportunity
principles.
Employees who have EEO-related questions, comments or complaints are encouraged to discuss
them with their supervisor. If they are unable to resolve the situation through their supervisor,
they may discuss it with their Department Director, Division Administrator or a representative
from the Human Resources Department. The employee may also utilize the Commitment to Fair
Treatment Procedure.
Utilization Analysis
Attachment "A" is the Collier County Board of Commissioners' Workforce Analysis. Please
note that the Collier County Board's workforce is comprised of employees for five (5) of the
EEO categories - Officials/Administrators, Professionals, Technicians, Office/Clerical, and
Service and/or Maintenance. Attachment "B" is the Community Labor Statistics for the five
applicable EEO categories utilizing the 1990 U.S. Census data. Attachment "C" is the
Utilization Analysis derived from the comparison of the
AGE~I~A ITE 991
No. l&h~
Collier County Equal Employment Opportunity Plan
Page 3 of 4
Board's workforce to the labor market data. Relevant information regarding the Utilization
Analysis is provided below:
1. Overall, the Collier County Board's workforce is deficient for females in all categories
except Office/Clerical when compared to the Community Labor statistics. Some of the
categories, which are most under represented, are Technicians -19.9% and Service and/or
Maintenance -19.4%. This under utilization is fairly consistent among the female minority
categories with a few exceptions. Black Officials/Administrators is 1.9% over the
Community Labor Force and Hispanic females, while underrepresented by -.9% in the
Office/Clerical category, are over represented in the Service and/or Maintenance category
(21.4%).
2. Black males are well represented in the Board's workforce as compared to the Community
Workforce with the exception of Officials/Administrators. Also Hispanic males are well
represented with the slight exception (-. 1%) in the Office/Clerical category.
Objectives
It is our objective to increase female representation in our workforce by evaluating our
promotional practices to ensure that females are receiving equal opportunity to advance. It is ;the
goal of the County to increase females in upper level positions to be consistent with the
Community Labor Workforce.
It is our objective to increase females participating in the technician category to be consistent
with the Community Labor Workforce. Additionally, vacancies in service/maintenance positions
will be targeted for females who meet the minimum requirements for the positions.
Steps to Achieve the Obiectives
The following steps will be taken to assure female representation in our workforce is consistent
with the Community Labor Workforce in the categories of administrators and professionals as
well as technicians and service and/or maintenance.
AGENOA .~i~EM
AUG 0 3-1999
Collier County Equal Employment Opportunity Plan
Page 4 of 4
1. Training courses will be reviewed to assure females are participating.
2. Exit interviews will be reviewed to determine females are aware that opportunities for
advancement are available to them.
3.Nem, orks will be developed with local professional women's associations to encourage
female applicants.
4. The relationship with the Black and Hispanic Advisory Boards will be utilized to encourage
input when vacancies occur in administrative and professional positions.
5. A relationship with the NAACP will be utilized to encourage input when vacancies occur in
administrative and professional positions.
6. The practice of posting vacancies on the Internet as well as utilizing a "Jobs Hot Line" phone
number will be continued.
..--- 7. Advertising in Las Nociones, which is a local Hispanic newspaper, for minority applicants
will be continued.
8. The practice of mailing weekly job postings to local job service centers will be continued.
Examples of centers that receive the County's weekly job vacancies include the State of
Florida Division of Rehabilitation, Florida Gulf Coast University's Career Development
Center, and the Florida Job Service.
9. When providing mandatory supervisory training, emphasis will be placed on the importance
of equal opportunity in the workplace to ensure the supervisors comply with the County's
procedures.
10. Diversity in the workforce will be emphasized in all training as well as continuing to offer a
diversity training course to all employees
Dissemination
The Human Resources Director is assigned the responsibility of taking the necessary actions to
achieve the above referenced goals and disseminate this Equal Employment Opportunity Plan to
staff, applicants and the general public. All recruiting materials, brochures, application forms,
position postings, and advertisements state that Collier County is an Equal Opportunity
Employer. Information regarding equal employment opportunity that is required by the state and
federal government is kept current by th~ Human Resources Department.
Collier County Equal Emplo.vment Opportunity Plan
Page 5 of 5
DATED: August 3, 1999
ATTEST: BOARD OF COUNTY CISSIONERS
Dwight E. Brock, Clerk of Courts COLLIER COUNTY, FLORIDA
By: By:
Pamela S. Mac'Kie, Chairwoman
Approved as to form and
legal sufficiency:
Assistant County At-tome
Attachment A
COLLIER LABOR STATISTICS (CLS)
Jot) C~tegory Totat B W H A/Pl /M/AN
Officials/Aclministrators 32/71.1% 0/0% 30/88.7% 214.5% 010~ 0/0%
Profes~onals 111158.1% 2/.1% 105/53.0% 3/1.5% 0/0% 1/.5%
Techniciar~ 249/74.8% 11.3% 232./89.7% t614.8% 0/0% 0/0%
Office/Clerical 24/9.7% 1/.4% 19/7.7% 4/1.8% 0/0% 0/0%
Service and/or Maim :~80/84.1% 28/10.5% 262/61.2% 71rle.ry~ 0/0% 11.2%
Total, Mete 776/620% 30/3.0% 648/83.5% 96/12.4% 0/0% 2/.3%
FEMALE
Offtcials/A4:lmlnistretom 13/28.9% 1/2.2% 12/26.7%
Professfonehs 87/4,!,.9% 0/0% 86/43.4% 1/.5% 0/0% 0/0%
Technic~ns 84/25.2% 1/.3% 77/23.1% 5/1.5% 1/.3% 010%
Office/Clerical 224/90.3% 6/2.4% 205,r82.7% 1 I/4.4% 2/.8'% 0/0%
Servic~ arKS/or Maim 68/~,9% 3/.7% 52/12.2% 13/30.4% 0/0% 010%
Total. Female 476/38.0% 11/2.~% 432/90.8% 30/8.2,% 3/.6% 0/0%
Total, all emp4oyees 1252 41 1080 126 3 2
Key: B'-Blsck, W=Wh/te H=HLspanlc,.A/Pl=Asian/Paci~c Islena,A!/AN=Amedcan lndlan or Alaskan Native
AUG 0 3 1999
Attachment B
COMMUNITY LABOR STATISTICS (CLS}
MALE
JOb Category Total B W H A/PI Ab'AN
Offiaals/Admin~rators 7565/54.3% 82/.5% 6939/59,0% 535/4,5% ~2/.1% 17/2%
Professionals 5402/48.0% 20/.2% 57~;'148.4% 11W1.0% 22/.2% 19/.2%
Technic~arts 1144,r54,9% 5.2% 1034/49.7% 98/4,7% 0/0% 71.3%
OffiGe/Cler'/cal 3025/21.2% 31/,2% 2721/19.0% 243/1.7% 21L2% 9/. 1%
Servic~ and/or Maim 130e0A~.7% 849/4.2% 7324/~.2% 4761/23.5% 53/.3% 731.4%
Total, Male 30196/'50.7% 967/32% 23240/7'7.0% 5756/19.1% 105/.4% 125/.4%
Ot'fic::Jals/Administrators 415'2/35.7% 29/,3% 3822/32.5% 320/2,7% 8/.1% 131.1%
'mfe~ionahs 5844/52.0% 95/,8% 5417/48.2% 286/2.5% 30/.3% 16/.2%
Tec~nidans 939/45.1% 59/2.9% 838/40.1% 44/2.1%
OfrH:;e/Clencai * 11263/78.8% 279/2% 10135/70.9% 782./5.3% 29/.2% 52/.4%
Service end/or Mairrt 7127/35.3% 725/3.5% 4525/22,4% 1818/9.0% 39t,2% 20/.1%
T~e[. Female 29365/49.3% 1187/4.0% 24735/84.2% 3230/11.0% 106/.4% 1011.3%
Total, all eml~oyees 59561 2154 47975 8986 214 226
' 6 employees classified as "other"
Key: B=BlacY,,W=VVhite,H-HL%oanic,A/Pl=Asiart/Pecffic Island,AtiAN=Amedcan Indian or Alaskan Native
ApUG 0 1999
.AttachiTiBrlt C
UTILIZATION ANALYSIS
Job Category Total B IN H A/PI AllAN
OfficialslAclmlnisU'ators :6.8% -0.5% 7.7% 0% -0.1% -0.2%
Professionals '1t. 1% 0.B% 6.6% 0.5% -0.2% 0.3%
Technicians 39.9% 0.1% 20.0% 0.1% 0% -0.3%
C::U'fice.,'Clericai -~ 1.5.% 0.2% -11.3% -0.1% -0.2% -0.1%
Sen,lce ancl/or Malr~ il 9.4% 6.3% 25.0% 7.0% -0.3% 0.2%
Total,Mate ,11.3% 0.5% 8.5% -6.7% -0,4% -0.1%
FEMALE
C)fficiaLs/Ac~mini.3.rators -6.8% 1 .g'% -5.8% -2.7% -0.1% -0.1%
Pi--ai'es:s;kmals -8.1% -0.9% -4.8% °2.0% -0.3% -0.2%
Technicians -'19.g% -2,6% -17.0% -0.7% 0.3% 0%
Offi~erical 11.5% 0.4% 11.8% -0.9% 0.8% -0.4%
Service and/or Maint .lg.4% -2.9% -10.2% 21.4% -02% -0.1%
Total, Female -11.3'% -1.7% 6.6% -4.7% 0.2% ,..0.3%
Key:B=BlactW=White,H=Hispanir~:.AIF'!.AslanlPacific Lstander,At/~e~can Indian or Alaskan Native
EXECUTIVE SUMMARY
RATIFICATION BY THE BOARD OF COUNTY COMMISSIONERS OF
CONSENT/EMERGENCY ITEMS APPROVED BY THE' COUNTY
ADMINISTRATOR DURING THE BOARD'S ABSENCE
OBJECTIVE: The Board of County Commissioners ratify consent/emergency items
approved by the County Administrator during the Board's absence for the period June
23rd through August 2"a, 1999.
CONSIDERATIONS: At the June 22, 1999 regularly scheduled meeting, the Board of
County Commissioners authorized the County Administrator to approve consent and
emergency items during their scheduled absence.
The following items were approved by the County Administrator and are herein
submitted for acceptance by the Board.
A) Request approval for the emergency purchase of computer network access
equipment for four newlyleased off-campus locations for the relocation of
the Sheriffs operations personnel and approval of related budget
amendment.
B) Budget amendment report #99-321, 99-322,99-326, 99-327 and 99-335.
C) Budget amendment report #99-286, 99-328, 99-330, 99-345, 99-368, 99-
369L, 99-374, 99-375, 99-380.
FISCAL IMPACT: As stated in the respective executive summaries.
GROWTH MANAGEMENT IMPACT: As stated in the respective executive
summaries.
RECOMMENDATION: The Board of County Commissioners accept and ratify the
above listed items which were approved by the County Administrator during the Board's
absence for the time period stated above.
._~
Prepared by:
Birbara Pedone, Executive Secretary to the Cgunty Administrator
AG'ENDA I~ELM
"""' No. ! t ~
0 3 1999
. pg ....
EXECUTIVE SUMMARY
REQUEST APPROVAL FOR THE EMERGENCY PURCHASE OF COMPUTER NETWORK ACCESS
EQUIPMENT FOR THE FOUR (4) NEWLY LEASED OFF-CAMPUS LOCATIONS APPROVED
BY THE BOARD FOR THE RELOCATION OF SHERIFF'S OPERATIONS PERSONNEL FROM
BUILDING "A" AND APPROVAL OF RELATED BUDGET AMENDMENT.
OBJECTIVE: To obtain Board approval for the purchase of computer
network access equipment for the remote Sheriff's Office locations.
CONSIDERATIONS: To provide computer network access equipment for the
four (4) newly leased off-campus sites that are compatible with and can
be integrated into the existing computer network. Since the network
must be integrated into the existing network, the Sheriff's Office is
requesting a sole source procurement from our existing vendor. This
vendor is the designer and installer of our current network and
provides ongoing network technical support. We are also requesting a
waiver of the formal bidding process for this emergency procurement.
FISCAL IMPACT: The cost to acquire the computer network access
equipment is $58,110.00. Funds to pay for this unexpected, emergency
equipment purchase are in:
Fund: 301 County Wide CIP
Cost Center: 611010 Law Enforcement
Object: 764210 Communications Equipment
Project: 01006 Telephone Upgrades
GROWTH IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners authorize the
sole source purchase of required computer network access equipment for
the newly leased off-campus sites previously authorized by the Board of
County Commissioners. Approve the necessary budget amendment.
REQUESTED BY:
~amian DeAndres, Information Technology Dir.
rys al Kinzel ~inanc~Director
Don Hunter, Sheriff
DATE: June 28, 1999
wpdS1 \ ex~elldg\dv
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of 8/03/99
Agriculture (Fund 001)
Budget Amendment #99-321
Other Salaries &Wages $10,000
Other Contractual Services (10,000)
Total
Explanation: Funds are needed for contracted temporary staff necessary to fill the gap due to a
turnover in support staff positions, which included the department secretary who was a seasoned
veteran of 14 years.
Urban Improvement Grants (Fundl21)
Budget Amendment #99-322
Reserves
Reserves for Contingencies $4,500
CDBG Grants
Roads/Bridges (4,500)
Total '0-
Explanation: Funds are needed to install approximately 3,462 square yards of sod to help alleviate
the problem with rainwater erosion along E1 Paso Trail that has resulted since the Shellaberger Park
project ha_s started. The project engineer (Wi!kison & Associates) agrees with the contractor that
installing additional sod along the swales in these problem areas will greatly decrease the risk of
losing any newly paved roadway due to excessive rains.
EMS Grants (Fund 491)
Budget Amendment #99-326
EMS Trust Fund
Medical Equipment $4,900
Minor Medical (4,900)
Total -0-
Explanation: Funds are needed to purchase Medical Training Equipment.
pg.. I
Facilities Management (Fund 301)
Budget Amendment #99-327
Building F Renovations & Other
General Building Improvements $5,600
Electrical Repairs (5,600)
Total -0-
Explanation: Funds are needed to renovate the Collier County Security Office in the Courthouse.
This is necessary since the main Security Office needs to be in the Courthouse where the Security
Officers are on duty.
Services for Seniors (Fund 123)
Budget Amendment #99-335
Personal Services
Reserve for Salary Adjustment $(11,400)
Operating Expenses
Pets/Respite/Homemaker Service 15,370
Office Automation Allocation (3,970)
Total '0-
Explanation: Funds are needed to provide for the continuation of client services to the end of the
grant year.
APPROVAL OF BUDGET AMEND~MENTS
BCC Agenda of 8/03/99
Lely Golf Estates MSTU (Fund 152)
Budget Amendment #99-286
Other Contractual Services $3,500
Reserves
Reserves for Contingency (3,500)
Total '0-
Explanation: Funds are needed for grounds maintenance services for five additional median
mowings; additional labor to apply fertilizer to landscaped medians; purchase and installation of
irrigation box covers; and purchase and installation of irrigation signs. In addition, funds are needed
to increase the fertilizer line item to purchase the required fertilizer and herbicides for the remainder
of the fiscal year.
Emergency Management Admin. (Fund 118)
Budget Amendment #99.-328 ;
Capital
Data Processing Equipment $5,700
Building Improvements 6,300
Other Contractual Services (12,000)
Total -0-
Explanation: Funds are needed to purchase Y2K compliant Emergency Management PC's and
Software; and building improvements for the Administrative Secretary's work area.
Emergency Management Admin. (Fund 118)
Budget Amendment #99-330
Personal Services $2,400
Operatin~ Expenses 17,400
Capital
Building Improvements (19,800)
_;
Total -0-
\
ExplanatT{~h: Funds are needed-in Operating and Personal Services costs to pay Regular Salary Merit
increase for Emergency Management Coordinator and to pay for new Emergency Management EOC
Tracking System.
General (Fund 001)
Budget Amendment #99-345
Maintenance Services
Other Machinery & Equipment $6,500
Reserves
Reserves for Contingencies (6,500)
Total '0-
Explanation: Funds are needed to purchase two portable air conditioning units to be used in
emergency situations when regular units fail. This will be especially beneficial when building air
conditioning units fail in areas such as data processing rooms, 911 Dispatch Center, and other similar
areas.
Department of Revenue (Fund 510)
Budget Amendment #99-368
Operating Expenses $10,000
Capital
Software "(10,000)
Total '0-
Explanation: Funds are needed to pay for Y2K contract work. The work is being performed by MIS.
General (Fund 001)
Budget Amendment #99-369
Office of Management & Budget
Operating Expenses $9,500
Personal Services (9,500)
Total '0-
Explanation: Funds are needed to fund the indirect cost allocation plan prepared by an external
consultant in FY 99.
Museum (Fund 198)
Budget Amendment #99-374
Other Contractual Services $5,000
Reserves
Reserve for Capital Outlay (5,000)
Total - -O-
E~planation: Funds are need to pay for statutorily required appraisals done for th
Regional Parks Countywide Impact (Fund 345)
Budget Amendment #99-375
Operating Expenses $5,025
Reserves
Reserves for Capital Outlay (5,025)
Total -0-
Explanation: Funds are needed to pay consultant for additional work conducted on the parks impact
fee study at request of the Board on 2/9/99 (8C2).
Forest Lakes Roadway & Drainage MSTU
Budget Amendment #99-380
Other Contractual Services $1,200
Reserves
Reserve for Contingencies (1,200)
Total '0-
Explanation: Funds are needed for an emergency repair to a pump located in the Forest Lakes
Roadway & Drainage MSTU, in which an emergency purchase order needs to be issued to repair the
pump.
A U S O 3 1999
PROCLA~fA TZON
WHEREAS, the problems 'of crime touch all segments of our society and can
undermine and erade the moral and economic $trenpths of our
communities,' and,
WHEREAS, we ore fortufidte that low enforcement officers from all open
openc/es dedicate themselves to preservin9 low and order and the
public~ safety,' and,
WHEREAS, we recopnize that the men and women in law enforcement risk their
//yes on a doily basis to protect our citizens and maintain social
order; and,
WHEREAS, we encourdpe o// citizens to pause to recopn/z8 our
off/cars so that we may not take their work
NOW THEREFORE be it p~cloi~ed by the' B~ of Coun~ Commissioners
CoH/eP Count, be desipnoted as
LAW ENFORC~EN~ AP~A.~O~DA Y
and ask oH citizens to join us t~ honorih9 these:law enforcement
. officers and to assist thembyexercisin9 r~ible citizenship.
DONE AND ORDERED TIqZS 29th Day ~f September, 1999. '
BOARD
COLLZER COUNTY, :FLORZDA
PAMELA 5~:~ACK~E, CHAIrWOmAN
A TTE5 ~'
b WZGHT E BROCK, CLERK
AGEI"JgA,,JTEM
No./~.. '
AUG 03 1999
pg. t
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
AUGUST 3, 1999
FOR BOARD ACTION:
1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case No.: 90~1435-TM
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
3. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter
136.06(1), the disbursements for the Board of County Commissioners for the period:
A. May 31 - June 4, 1999
B. June 7 - June 11, 1999
C. June 14 - June 18, 1999
D. June 21 - June 25, 1999
E. June 28 - July 2, 1999
F. July 5 - July 9.1999
G. July 12 - July 16, 1999
4. Districts:
A. Fiddler's Creek Community Development District - Minutes of meetings held
March 15, 1999, April 13, 1999 and May 26, 1999
B. Naples Heritage Community Development District - Minutes of meetings held
April 2& 1999 and May 10, 1999
C. Key Marco Community Development District - Minutes of meetings held
March 30, 1999 and May 10, 1999
D. Collier Soil and Water Conservation District - General Purpose Financial
Statement for Year Ended September 30, 1998; Independent ~u,,',tc, ' - P ,, '6 ' '
Management; Response to Audit Report; and Description of Z)utstai{ "rig Bonds
AUG 03 1999
Pg. /
E. Port of the Islands Community Development District - Minutes of meetings held
April 15, 1999 and May 20, 1999
F. Golden Gate Fire Control & Rescue District - Agenda of July 14, 1999
5. Minutes:
A. Development Services Advisory Committee - Agenda of April 7, 1999 and
minutes of February 3, 1999 and March 3, 1999 meetings
B. Historic/Archaeological Preservation Board - Minutes of May 21, 1999 meeting
C. Collier County Planning Commission - Agenda of June 6, 1999 and minutes of
May 6, 1999 meeting
D. Pelican Bay MSTBU Advisory Committee - Agenda of June 2.1999 and minutes
of May 5, 1999 meeting
E. County Government Productivity Committee - Minutes of June 16. 1999 meeting
AUG 03 19a9
EXECUTIVE SUMMARY
'REQUEST APPROVAL FOR THE EMERGENCY PURCHASE OF TELEPHONE SYSTEMS FOR THE THREE (3) NEWLY LEASED OFF-CAMPUS LOCATIONS APPROVED BY THE BOARD
FOR THE RELOCATION OF SHERIFF'S OPERATIONS PERSONNEL FROM BUILDING "A"
AND APPROVAL OF RELATED BUDGET AMENDMENT.
OBJECTIVE: To obtain Board approval for the purchase of telephone
systems for the remote Sheriff's Office locations.
CONSIDERATIONS: To provide telephone systems and increased main switch
capacity for the three (3) newly leased off -campus sites that are
compatible with and can be integrated into the telephone system and.
main Building "J" switch presently being utilized by the Sheriff's
Office and its current off-campus locations.
Since these new telephone systems must be compatible to the current
telephone system, the Sheriff's Office is requesting a sole source
procurement from our existing vendor, Lucent Technology. This vendor
was the original installer, holds the equipment operating software
license and is an authorized vendor of the Board of County
Commissioners. We are also requesting a waiver of the formal bidding
process for this emergency procurement. This vendor is a state
contract vendor and prices quoted are below the state contract pricing.
FISCAL IMPACT: The cost to acquire the remote telephone systems and to
increase capacity of the main Building "J" switch is $193,620.15.
~-_, Funds tc pay for this unexpected, emergency equipment purchase and
system wiring costs of $47,010.00 are in (001-061010-644100-000) for a
total cost of $240,630.15.
GROWTH IMPACT: Recurring costs for subsequent years monthly service is
included in the Sheriff's proposed FY 2000 budget.
RECOMMENDATION: That the Board of County Commissioners authorize the
sole source purchase of required telephone systems and increased main
switch capacity for the newly leased off-campus sites previously
authorized by the Board of County Commissioners. Approve the necessary
budget amendment,
REVIEWED BY: y~'l k~nz~, / Finance Dire~r
Don Hunter, Sheriff
DATE: July 27, 1999 A~[NDA
~d51 X extel 1 in ~ dv
A U G O 3 1999
RE- iR FROM ~ SUNBELT BUSINESS SYS"r EMS
' ! i ~ ' (800) 448-0336 * (813) 591-0806 · (813) 591-0166 FAX 95711
'PURC~ING DEPA~TME~ .............. DEPARTMENT
T~.OARD OF COUNTY COMMISSIONERS REQUISITION NO. R '
OLLIER COUNTY, FLORIDA
l AMOUNT ~ REQUESTING DE.PARTMENT j PURCHASE ORDER NO.
$240,630.15 Sheriff's Office
CATEGORY CODE PD. TYPE
CHANGE ORDER NO. HOLD (Y/N) 1099
SUGGESTED VENDOR: SHIP TO:
~ucen~ ~echno~oq~es CoZ~e~ County
~,O. ~ox 27-850 330~
Kansas City, Missouri 941~0 Buildin9 J
..Naples, Florida 34112
Instal ion of new telephone systems for the thr lease >n Horsesh<
Drive t are planned to be occupied by hose un ts eva< Lg Build Lng A by t)
of the Board of Commissioners a the ior .he swi :h in
ilding for the integration of .the new systems RecomD vendor is the
o installed the current tele in Buj J and 1 curren~
Sheriff' Office's off-campus locations, rendor also ,urce that license:
i ~tware the ' s Off :e - Prices
are per uotation dated 6/7/99,
Drive 1 65
80
90
0 3 1999
\
'ESTED BY (SIGNATURE) T. P TOTAL
COUNTY MANAGER OR DIV. DIRECTOR APPRO U TERMS
P-1 (REV. 8/88)
BTue/Pink Copy - Purchasing Department Yellow Copy - Requisitioning Department Cop~
Memorandum RECEIVED COUNt' ADMIN!,q. TFL~,TOnS OFFICE
To: Robert Femandez
County Administrat~?J
Thru: Mike Smykowski, OMB Director ., ) ACTION
From: GaD' Vincent, Senior Budge y ,/L~'C,= FILE
t Anal st c
Date: July 15, 1999
Re: CSO's Emergency Purchase Request for Telephone and Computer Network Systems.
The requests from the Sheriffs Office for the emergency purchase of telephone systems and
computer network access equipment for their newly leased off-campus locations have been
reviewed by the Office of Management and Budget (OMB) and the Information Technology
Department (IT).
The request for computer network access equipment totaling $58,110 included a detailed list
of items being purchased and the unit prices. IT considered these figures to be reasonable.
Funding for the purchase is available from another project within the Sheriffs capital budget
(Fund 301 ) and would require a budget amendment.
The request for telephone systems totaling $240,630 did not include a detailed list of items to
be purchased and could not be evaluated by IT. However, the description of the wiring
installation portion ($47,010) contained sufficient detail and IT considered the numbers to be
reasonable. Staff contacted Bill McNulty of the Sheriffs Office to obtain an itemized list of
items to be purchased and he stated that he didn't have an itemized list, but that they were
purchasing new telephones and switching equipment for approximately 182 people. IT was
still unable to evaluate the purchase request without an itemized list of equipment. Funding is
available in the Sheriffs General Fund (001) budget under Board paid items (building rent)
and would require a budget an~endment.
Staff reconunends approving the purchase of computer network access equipment for
$58,110, but cannot recommend approval of the telephone system purchase until IT can
review a detailed list, including unit costs, of the items to be purchased.
Please contact Gary Vincent at 774-8810 for any additional information.
AGENDA ITEM
No,~(; -~,
AU 3 0 3 1999
Pg' ,i, ~'~ ,"' ' ,,
RECCI~fENDATION TO APPROVE A BUDGET AMElq~4ENT TO RECOGNIZE CONFISCATED TRUST FUND
FISCAL YEAR 1998 CARRYFOI~qARD, FISCAL YEAR 1999 ADDITIONAL REVENUES, AND USE OF
CONFISCATED TRUST F~NDS TO PURCHASE SPECIALIZED EQUIPMENT BY THE COLLIER COUNTY
SHERIFF ' S OFFICE .
OBJECTIVE: To obtain Board approval for a Confiscated Trust Fund budget
amendment to recognize the fiscal year 1998 audited carryforward $114,433
balance, to recognize additional fiscal year 1999 $94,080 revenues, and for the
use of $7,700 by the Collier County Sheriff's Office for the procurement of
specialized equipment.
CONSIDERATIONS: The budget amendment is needed to reflect the actual audited
fiscal year 1998 carryforward balance and additional revenues received in fiscal
year 1999 to appropriate to reserves. The Sheriff's Office by virtue of Section
932.7055 (4](a], F.S., is seeking Board authorization for the appropriation of
funds to purchase specialized equipment for investigative purposes.
FISCAL IMPACT: The amendment increases the fiscal Fund 602 reserves by
$208,5!3. $7,700 for the specialized equipment expenditure is available from
Confiscated Trust Fund Reserves. The amendment increases the budget in Other
Equipmen% by $7,700.00.
GROWTH IMPACT: No recurring costs for subsequent years.
REC~ATION: That the Board of County Commissioners approve the necessary
budget amendment to increase fiscal Fund 602 reserves by recognizing the fiscal
year 1998 carryforward balance~ the additional fiscal year 1999 revenue, and for
the use of funds for the procurement of specialized equipment.
CERTIFICATION OF CONFISCATED TRUST FUND REQUEST
This request is a legitimate expenditure of Confiscated Trust Funds under
Seclign 932.7055 (4)(a) Florida Statutes to be used for technical equipment.
PREPARED BY: "
Crystal K. Kinzel, Finance Di=rector
APPROVED BY: ~ k., ~. ~' i. '
Don Hunter, =Sheriff
DATE: July 7, 1999
AGEN A ITEM
FILE NO
ROUTED
DO NOT WRITE ABOVE THIS SPACE
REQUEST, FOR LEGAL SERVICES
(Please type or print)
Date: .... July 6, 1999
To: Office of the County Attorney, Attention: Thomas Palmer, Esq.
From: Crystal K. Kinzel , Finance Director
(Name) (Title)
Sheriff' s Office Finance Division
(DiviSlOn} (Department)
Re: Confiscated Trust Fund
(Subject)
HACKSROE OF REQUEST/PROBLEM:
(DesCribe problem and give background information - be specific, conciMe, and articulate),
Pursuant to Section 932.7055 (4) (a),F.S., the Sheriff's Office is requesting
pproval by the Board for a Fund 602 budget amendment to support the purchase
of specialized equipment for investigative purposes.
(Are there documents or other information needed to review this maZter? If yes, attach and reference this information)
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED,
(If previously submltted, provide County Attorney's Office file number.)
ACTION REQUESTED:
(Be very specific. Identify exactl~ what you need in the way of legal services.)
Legal approval of request.
?"j: Don Hunter, Sheriff ~
~ll =e¢~.. ~u~t be copied to your ap~opr,ste ~.~o. ,.~ AU" O 3 1999
or Constitutional Officer. ~
jh/a: lectfte
EXECUTIVE SUMMARY
REQUEST APPROVAL FOR THE PURCHASE OF HISTORICAL ARCHIVED DISKS TO
CONTINUE IMPLEMENTATION OF THE RECORDS IMAGING PROJECT,
OBJECTIVE: To purchase equipment for continuation of the Records Imaging project.
CONSIDERATIONS: A Records Imaging system has been purchased from R&S Integrated
Products and Services, Inc. under state contract for the Sheriff's Office. The requested
historical archived disk equipment is needed for the next phase of the project in this fiscal-
year. Funding for imaging equipment was approved for the FY 1999 budget year under 301
Fund guidelines.
FISCAL IMPACT: The cost to purchase the equipment will be $131,092.00 and funds in
the amount of $126,954.00 are available in:
Fund: 301 Facilities Mgmt., Countywide CIP
Cost Center: 611010 Law Enforcement - Pd. by Sheriff
Object: 764360 Office Equipment
Project: 01007 Imaging
The additional $4,138.00 needed to cover the total cost is available by attached budget
amendment in:
Fund: 301 Facilities Mgmt., Countywide CIP
Cost Center: 611010 Law Enforcement - Pd. by Sheriff
Object: 763100 Building Improvements
Project: 01010 Building Improvements
GROWTH IMPACT: There are no recurring costs for subsequent years.
RECOMMENDATION: That the Board of County Commissioners authorize the purchase of
the requested equipment from R&S Integrated Products and Services, Inc. and approve the
related budget amendments in order to continue implementation of the next phase of the
Records Imaging project.
REQUESTED BY: -
---Damian DeAndres, Information Technology Div.
REVIEWED BY: ~,
Don Hu~r, Sheriff AG~NDA ITEM
D~TE: ,July 21,
' 0
~dSl ~ exi~arch/d~
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE THE SHERIFF'S
OFFICE AS THE OFFICIAL APPLICANT FOR THE UNITED STATES DEPARTMENT OF
JUSTICE 1999 LAW ENFORCEMENT BLOCK GRANT PROGRAM, ACCEPT THE GRANT WHEN
AWARDED AND APPROVE APPLICABLE BUDGET AMENDMENTS.
OBJECTIVE: To seek approval from the Collier County Commission to
designate the Sheriff's Office as the official applicant for the United
States Department of Justice 1999 Local Law Enforcement Block Grant
Program, accept the grant when awarded and upon award approve applicable
budget amendments.
CONSIDERATION:
1. The Collier County Sheriff's Office has participated in anti-
crime grant programs for eleven years.
2. This fourth year program is for the implementation of the
Local Law Enforcement Block Grants Program for Fiscal Year
1999, to be administered by the Bureau of Justice Assistance
(BJA), U.S. Department of Justice.
3. The purpose of the Local Law Enforcement Block Grants Program
is to provide funds to underwrite projects to reduce crime and
improve public safety.
4. The U.S. Department of Justice has appropriated $357,740 to
Collier County to be used for purposes of the Local Law
Enforcement Block Grants Program.
5. The Sheriff's Office application will request $357,740 to
procure currently unfunded technical equipment. Law
enforcement equipment directly related to basic law
enforcement functions is an authorized program purpose.
6.- The Bureau of Justice Assistance {BJA) has implemented an
Internet-based system to support the Local Law Enforcement
Block Grants (LLEBG) Program application for Fiscal Year 1999.
7. LLEBG 1999 application forms must be completed on the
Internet.
8. The formal designee of the eligible jurisdiction is allowed to
apply for funding.
9. In order to streamline procedures to save Board of County
Commission time, to reduce paperwork and personnel time in
preparing executive summaries, an all inclusive request is
being made for grant application/award procedures.
10. Board approval is needed for: Sheriff's Office designation as
the official applicant for the .1999 Local Law Enforcement
Block Grant Program; for Board Chairwoman Pamela S. Mac'Kie or
in her absence, County Administrator Robert Fernandez, to
respond to BJA's Internet request to conjir~'~~A~Tm~f's
awarded; and approval upon award of
amen ents. AU6 O 3 1999
FISCAL IMPACT: Ten (10%) percent ($39,674) local matching funds from
Fund 602 (1999/00 Confiscated Trust Fund reserves 602-919010-991000).
GROWTM MANAGEMENT: No recurring costs for subsequent years.
RECOMMENDATION: That the Collier County Commission agree to designate
the Sheriff's Office as the official applicant for the United States
Department of Justice 1999 Local Law Enforcement Block Grant Program,
that the County's Chief Executive Officer respond to BJA's Internet
request to confirm the Sheriff's Office as the official applicant, accept
the grant when awarded, and upon award approve applicable budget
amendments.
Don Hunter, Sheriff
DATE: July 22, 1999
'-""- ' ' AGE"~DA ITEM
~:×~ :. AUG O 3 1999
FILE NO.:
ROUTED TO:
DO NOT WRITE ]~:OVE THIS SPACE
~Q~ST FOR ~ S~CES
(Please t~e or print}
Date: July 5, 1998
To: Office of the County Attorney, Attention: Thomas Palmer, Esq.
From: Crystal K. Kinzel Finance Director
(Name] (Title}
Sheriff' s Office Finance Division
( Divi s i on ) ( Depa rtmen t )
Re: U.S. DOJ 1999 Local Law Enforcement Block Grant Appli..cation
(Sub]ect)
BACKGROUND OF REQUEST/PROBt~:
(Describe problem and give background information - be specific, concise, and articulate).
~ Board approval is needed to designate the Sheriff's Office as the
'ficial applicant of the 1999 Local Law Enforcement Block Grant Program
,LLEBG). Since the application must be completed on the Internet, the Board
Chair or in her absence, the County Administrator will be asked by the Bureau
of Justice Assistance to respond to an Email query as to this designation.
Board approval is being requested for either the Chair or County
Administrator's response to the BJA request. In order to streamline
procedures to save Board time, to reduce paperwork and personnel time in
preparing executive summaries, an all inclusive Board request is being made
for the grant application/award procedures. Approval is also being sought
for acceptance of the 1999 LLEBG award and approval, upon award, of
applicable budget amendments.
(Are there doceents or other information needed to review this matter? If yes, attach and reference Ehis
informationl.
THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED.
(If previously submtted, provide County Attorney's Office file number.}
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.) R
Legal approval of request.
OTHER COMMENTS:
: Don Hunter, Sheriff
All requests must be copied to your appropriate Division .ead AUG 0 3 1999
or 'ConsTitutional Officer.}
jh/a:lell4
EXECUTIVE SUMMARY
REQUEST APPROVAL FOR THE PURCHASE OF A PROCESSOR CARD FOR THE
TELEPHONE SYSTEM SWITCH AT THE SHERIFF'S OFFICE MAIN FACILITY.
OBJECTIVE: To upgrade the main telephone system switch with a processor card that
would replicate critical components in the telephone system. This is needed to prevent a
failure from occurring in any one component that would render the switch inoperable.
Currently, major components are not mirrored and the failure of any one component could
cause a failure to the entire switch.
CONSIDERATIONS: The Sheriff's Office is going to a DCS (Distributed Communications
System) with outlying offices. The County currently uses DCS switches for communication
between facilities. This has proven to be an effective communications system and is
necessary for outlying communications. The proposed system will have a Definity ECS
capability for memory updating to prevent loss of information.
FISCAL IMPACT: The cost to implement this upgrade is $59,486.00. The funds were
approved, budgeted and are available in Fund 301 (301-611010-764210-01006).
GROWTH IMPACT: There are no recurring costs for subsequent years.
RECOMMENDATION: That the Board of County Commissioners authorize the purchase of
a processor card for telephone switch at the Sheriff's Office main facility.
REQUESTED BY: '/
William J.!,/~tC' .m,,//u~ a
Nulty, Com c tions Equipment Mgr.
.,
REVIEWED BY:
REVIEWED BY: ~~rif~
DATE: July 22, 1999
AL ..i 0 3
EXECUTIV~ SUb~4ARY
Recommendation to approve a Legal Services A~reement
with Fixel & Maguire as legal counsel to represent
county relating to county' s property acquisition
interests including eminent domain proceedings, for
the Pine Ridge Road Improvement Project (Project No.
60111) .
OBJECTIVe: That the Board of County Con~nissioners approve the
attached Legal Services Agreement with the law firm of Fixel &
Maguire as legal counsel to represent county relating to
county's property acquisition interests, including eminent
domain proceedings for the Pine Ridge Road Improvement Project
(Project No. 60111) from Airport Road to Logan Boulevard.
CONSIDERATIONS: On May 11, 1999, the Board of County
Commissioners adopted Resolution No. 99-228, authorizing the
acquisition of property interests by gift, purchase or
condemnation for the six-laning of Pine Ridge Road from Airport
Road to Logan Boulevard. The Public Works Engineering
Department has a need to expedite right-of-way acquisition
activities to meet the County's transportation needs. The use
of outside counsel will better ensure that the construction
schedule is not delayed.
Attorney Joe Fixel and the firm of Fixel & Maguire have been
counsel for Collier County on many capital improvement projects
over the past several years. County Attorney staff will be
utilized with the firm to reduce costs. The County Attorney has
reviewed this approach/selection with professional staff, and
has also received the support and concurrence from both the
Public Works Administrator and the Public Works Engineering
Director.
i the County Attorney, will be compensated unto
Fixel & Macguire at a discounted rate of $235.00 per hour for
all trial work and $200.00 per hour for non-trial work.
Additionally, the firm shall be compensated at a rate of $60.00
per hour for paralegal services. Funding is available for
AGEI~DA ITeM
No._ _l(.t >jD
AUG 0 3 1999
Livingston Road legal services under the project account as
follows:
Fund: 331 - Road Impact Fees (District I)
Cost Center: 163650 - Road Impact Construction
Project No.: 60111 - Pine Ridge Road - Airport to Logan
GROWTH MANAGEMENT IMPACT: Pine Ridge Road is a Capital
Improvement Element of the Collier County transportation plan,
and as such, the recommendations herein are consistent with the
County's Growth Management Plan.
RECOMMENDATION: That the Board approve the attached Legal
Services Agreement with the firm of Fixel & Maguire and
authorize the Chairman to execute same.
Reviewed by: Reviewed by:
~ ~] ~;[~ Date Date
PWED Director Public Works Administrator
Reviewed by: Approved by:
DCWtdda/h:executive summaries/1999/~hel re Pine Ridge Road eminent domain
AGE~DA ITEM
A U ~3 O 3 1999
_pg. c~
LEGAL SERVICES AGREEMENT
THIS LEGAL SERVICES AGREEMENT made and entered into this __ day of
,1999, by and between the Board of County Commissioners, (hereinafter
referred to as the "Board" and/or "County"), and the law firm ofFixel & Maguire, 211 South
Gadsden Street, Tallahassee, Florida 32301, (hereinat~er referred to as "Counsel").
WITNESSETH:
The parties hereto, in consideration of the premises and the covenants contained herein,
mutually agree as follows:
1. Counsel is hereby retained by the Board to represent and assist the County relating to
County's property acquisition interests including eminent domain proceedings for the Pine Ridge
Road Improvement Project (Proje~ No. 60111) from Airport Road to Logan Boulevard.
2. Counsel, upon authority of the County Attorney, is to prepare all legal documents,
correspondence, communications, etc. and to attend all negotiation meetings, settlement
conferences, court hearings and trial(s) necessary during any eminent domain proceedings for
Project No. 60111.
B. The Board, through its Public Works Engineering Department hereby agrees to pay
Counsel as compensation for legal services at Counsel's discounted rate of $23 S .00 per hour for all
trial work and $200.00 per hour for non-trial work. Counsel shall be compensated at $60.00 per
hour for paralegals providing services hereunder.
4. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs
of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal
Express", etc.) incurred pursuant to this Agreement, provided that such costs are supported by
appropriate documentation submitted with the invoice or statement for legal services to the County
" AGE'NDA ITEM
No, .1%- ~ 'T' ,; -
A !J S 0 3 1999
Page 1 of 4
Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved
in advance by the County Attorney.
5. A statement or invoice for legal services and direct costs incurred by Counsel shall be
billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All
invoices shall contain, as a minimum, the following information: 1) The proper name of the payee
as it appears in the Agreement; 2) The date of the invoice; and 3) The description of services and
the time period in which billable services were rendered. All payments and the resolution of any
disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part
VII, Florida Statutes, otherwise known as "The Florida Prompt Payment Act." The County shall
pay all invoices submitted in accordance with the provisions of Section 218.74, Florida Statutes. If
the County fails to pay any invoice for legal services within the time period specified in Section
218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at
the rate of one percent (1%) per month compounded monthly commencing thirty (30) days after the
due date.
6. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the
terms of this Agreement and shall not subcontract its responsibilities to the Board under this
Agreement. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less
than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional
Liability insurance requirement shall be tendered to the Collier County Risk Management
Department within fourteen (14) days of the date of this Agreement.
Current, valid insurance policy(ies) meeting the requirement herein identified shall be
maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent
to the County thirty (30) days prior to the expiration date(s) on any such policy(ies). There shall be
--.--.- " A~E'I~DA ITEM
No, I~' ~'~'~- -
A.UG 0 3 1999
Page 2 of 4 L~
a thirty (30) day notification to the Board in the event of cancellation or modification of any
stipulated insurance coverage.
7. Counsel shall protect, defend, indemnify, and hold the Board and its officers, employees,
and agents harmless from and against any and all losses, penalties, damages, professional fees,
including attorney fees and all costs of litigation and judgments arising out of any willful or
intentional misconduct, negligent acts or error or omission of Counsel, its subconsultants,
subcontractors, agents or employees, arising out of or incidental to the performance of this
Agreement or work performed thereunder, including any claim(s) brought against the County, its
officers, employees, or agents by any employee of Counsel, any subconsultants, subcontractor, or
anyone directly or indirectly employed by any of them. Counsel's obligation under this provision
shall not be limited in any way by the agreed-upon total contract fee specified in this Agreement or
the Counsel' s limit of, or lack of, sufficient insurance protection. The parties agree that one percent
(1%) of the total compensation to Counsel for performance of services authorized by this
Agreement is specific consideration for Counsel' s indemnification of the County.
8. Counsel agrees to obtain and pay for all permits and licenses necessary for the condCtct of
its business and agrees to comply with all laws governing the responsibility of an employer with
respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of
any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations
and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter
adopted.
9. It is mutually agreed between the parties that all authorization for legal services shall
originate with the County Attorney.
10. Either party may terminate this Agreement for convenience with a minimum of thirty
(30) days written notice to the other party. The parties shall deal with eacl
Page 3 of 4
during the thirty (30) day period after any notice of intent to terminate for convenience has been
given. The County reserves the right to terminate this Agreement immediately, for cause, upon
written notice to Counsel.
11. This Agreement shall be effective upon execution by the Board and Counsel.
IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
WITNESSES: FIXEL & MAGUIRE
Joe W. Fixel, Esquire
(Printed witness signature)
(Printed witness signature)
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
PAMELA S. MAC'KIE, CHAIRWOMAN
Approved as to form and Approved b ://~ ~'//~ '~~
Y _
legal sufficiency: F4'effBibby
Public Works Engineering
fl~-W_2~ C4 ~k~ Department
David C. Weigel ' a~Z) ' AGEIqDA ~
County Attorney No.._ ~C/' ~
H/EarlenedFixelAgreements/Pine Ridge Roll Projeff A 'j 3 0 3 ]g99
Page 4 of 4 Pg.~-,,.C..~~
EXECUTIVE SUMMARY
A RESOLUTION AUTHORIZING, AS A VALID. PUBLIC PURPOSE,
EXPENDITURES OF FUNDS FOR COUNTY COMMISSIONERS TO ATTEND
FUNCTIONS OF FRATERNAL, BUSINESS, ENVIRONMENTAL, EDUCATIONAL,
CHARITABLE, SOCIAL, PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC, AND
CIVIC ASSOCIATIONS/ORGANIZATIONS.
QBSECTIVE: That the Board of County Commissioners (''Board") approve a Resolution authorizing the
expenditure of public funds for County Commissioners to att~d functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations.
In addition, that the Board also declare that said expenditures serve a valid public purpose.
¢ONSIDERATIONS; In recent years, the Board has established a budget mount of $2,000.00 per
Commissioner for each fiscal year for Commissioners to use for travel and attendance at different functions
related to the performance of their duties as County Commissioners. This mount has been tentatively set at
$2,500.00 for the 1999/00 fiscal year. It is the purpose of the attached Resolution to elcarly state the Board's
policy in regard to the expenditure of public funds for attendance at various community functions. It is also the
purpose of said Resolution to declare that the attendance of the Commissioners at said functions serves a valid
public purpose provided that said functions reasonably relate to County matters. Specifically, attendance at
the enumerated functions allows the Commissioners to gather information from the community about issues
affecting the County, it leads to more efficient and effective communication between the Commissioners and the
public, and provides an opportunity for Commissioners to give feedback to the public regarding the legislative
process.
FISCAL IMPACT: Funds for these functions are budgeted in the Board of County Commissioners' General
Fund 001, Cost Center 010110. County authorization for payment for attendance at these functions will be
limited to $150.00 per Commissioner per event and $2,500 per Commissioner per fiscal year.
GROWTIt MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners consider approval of the attached
Resolution authorizing, as serving a valid public purpose, the expenditure of public ~mds for County
Commissioners to attend functions of fraternal, business, environmental, educational, charitable, social,
professional, tratle, homeowners, ethnic, and civic associations / organizations, provided that said functions
reasonably relate to County matters.
stmMxrrzo 7-o 3 ct
Ramire Ma~alich
Chief Assistant County Attorney
APPROVED BY: X/,tl.'-~_ dt~_~.Z~- Date: ~
David C. WeigeF ~,)
County Attorney
"""~ h:dda/exocutiv, summary/1999/att~ndfunetions-expondfunds AUG O 3 1999
i ' I RESOLUTION NO. 99-
2
' 3 A RESOLUTION AUTHORIZING, AS A VALID PUBLIC PURPOSE, EXPENDITURES
4 OF FUNDS FOR COUNTY COMMISSIONERS TO ATTEND FUNCTIONS OF
5 FRATERNAL, BUSINESS, ENVIRONMENTAL, EDUCATIONAL, CHARITABLE,
...... 6 SOCIAL, PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC, AND CMC
7 ASSOCIATIONS/ORGANIZATIONS.
8
9
10 WHEREAS, Section 112.061, Florida Statutes, establishes guidelines for the payment of travel and other
I I expenditures for public offiecrs, including assigumcnts of official business outside the trayclefs regular place of
! 2 employment; and
13 WHEREAS, it serves a valid public purpose for Board members to attend community functions in order to
14 gather information about County issues and receive input from the public; and,
15 WHEREAS, it is in the best interests of the public for Board members to attend functions of the referenced
16 associations / organizations to keep the public informed as to the legislative process of the County; and
17 WHEREAS, the Board desires to clearly specify the categories of travel and attendance at civic functions
Is %vhich arc appropriate for payment in accordance with Florida law.
19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
20 COLLIER COUNTY, FLORIDA, that:
21 I. The Board hereby finds that attendance at the functions listed in paragraph 3 hereof serves valid public
22 purposes including, but not limited to: communication with the public, gathering of information about
23 Board issues, and providing feedback to the public about County matters and the legislative process.
.,,-, 24 2. The amounts to bc cxpcndcd by the County for Board member attendance and/or participation in the
25 functions referenced in paragraph 3 shall not exceed $150.00 per Commissioner per function and,
26 cumulativcly, $2,500 per Commissioner per fiscal year.
27 3. A Board member may seek Board approval for the payment for his/her attendance at functions of
28 fraternal, business, environmental, educational charitable, social, professional, trade, homeowners,
29 ethnic, and civic associations / organizations, provided that said functions reasonably relate to Collier
30 County matters.
31 This Resolution adopted this __ day of , 1999 after motion, second and majority vote
32 favoring same.
33 ATYEST: BOARD OF COUNTY COMMISSIONERS
34 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
35
36
37 By:
38 PAMELA S. MAC'KIE, Chairwoman
39
40 Approvcd as to form and
41 legal sufficiency:
~3 ~ ~ ....
/ ~~iich v ,- v
46 Chief Assistant County Attorney A(~ENE)A ITEM '
AUG 0 3 1999
pg.
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
ACKNOWLEDGE AND CONSENT, AS REQUIRED BY AGREEMENT, TO THE
MERGER OF WCI COMMUNITIES LIMITED PARTNERSHIP INTO FLORIDA
DESIGN COMMUNITIES, INC. WHOSE NAME IS CHANGING TO WCI
COMMUNITIES, INC.
OBJECTIVE: To consent and acknowledge the merger of WCI Communities Limited
Parmership into Florida Design Communities, Inc. whose name is changing to WCI
Communities, Inc.
CONSIDERATIONS: Collier County as the Ex-Officio Governing Board of Pelican Bay
Municipal Service Taxing and Benefit Unit and WCI Communities Limited Partnership entered
into an agreement dated August 13, 1996 which identified responsibilities relative to the Clam
Bay Restoration. Section Eleven of the Agreement requires the written consent of the County to
an assignment of the Agreement.
WCI Communities Limited Partnership is merging into Florida Design Communities, Inc. and
the surviving entity is changing its name to WCI Communities, Inc. WCI Communities Limited
.-- Partnership is requesting the County's consent to the merger.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners consent to the merger of
WCI Communities Limited Partnership into Florida Design Communities, Inc whose name is
changing to WCI Communities, Inc. and authorize the Chairwoman to sign an Acknowledgment
and Consent.
Prepared by:
Heidi F. Ashton Date
Assistant County Attorney
Approved by:
~-c/--e ~ 7/0 7/~ ~ ......
,' '
h:~g/ex summa~Cl Communities Inc.
AUG 0 3 1999
WCI
---- Watermark Communities Inc.
· June 24, 1999
Collier County
County Attorney' s Office
3301 East Tamiami Trail
Naples, Florida 34112
Re: Consent to Merger of WCI Communities Limited Partnership into Florida Design
Communities
To Whom It May Concern:
This letter is to advise you that WCI Communities Limited Partnership, a Delaware limited
partnership CWCI") is merging into Florida Design Communities, Inc., a Delaware corporation
CFDC") and the surviving entity is simultaneously changing its to WCI Communities. Inc., a
Delaware corporation CWCI Communities").
The financial strength of the surviving entity of the merger shall be equal to or greater than
that of the predecessor entities. Also, the officers and directors of the surviving entity will remain the
same as those of the predecessor entities.
Agreement dated August 13, 1996
In accordance with the P~..lt~ltx~ilftlin,T~~~x:illigll~ctxll}el, l~gxll~g by and
between Collier County and WCI Communities Limited Partnership and any other Agreements.that
WCI Communities Limited Partnership might have in existence with Collier County (the
"Agreement"), please acknowledge your consent to the merger by executing below and returning a
copy to me in the enclosed self-addressed envelope.
Sincerely,
/
/
)'
Vivien N. Hastings
Senior Vice President
ACKNOWLEDGEMENT AND CONSENT
B,': AUG 0 3 1999
Print Name:
Its: Dated:
~.{'%()i k'(·aldci~ (icnt~-I l)ri',c · B,>nita %pro'inns }:l,~rida 3-~1 ~4 · r'c)4]'> 94'-3600 · wc/Com~,Zun//Te'.,c't~./
Ot-'FiC[:
WCI CUijH7 "~' /ii; ,-:- :';:-
Watermark Communities Inc. 99JU~25
June 24, ! 999
Collier County
County Attorney's Office
3301 East Tamiarni Trail
Naples, Florida 34112
Re: Consent to Merger of WCI Communities Limited Partnership into Florida Design
Communities
To Whom It May Concern:
This letter is to advise you that WCI Communities Limited Partnership, a Delaware limited
partnership CWCI") is merging into Florida Design Communities, Inc., a Delaware corporation
CFDC") and the surviving entity is simultaneously changing its to WCI Communities, Inc., a
Delaware corporation ("WCI Communities").
The financial strength of the surviving entity of the merger shall be equal to or greater than
that of the predecessor entities. Also, the officers and directors of the surviving entity will remain the
same as those of the predecessor entities.
Agreement dated August 13, 1996
In accordance with the I~M~I~It~2~]~II{~S~K~I~I:I~II~4~IIII~i~]~5~XM~ by and
between Collier County and WCI Communities Limited Paanership and any other Agreements that
WCI Communities Limited Paanership might have in existence with Collier County (the
"Agreement"), please acknowledge your consent to the merger by executing below and returning a
copy to me in the enclosed self-addressed envelope.
Sincerely,
Vivien N. Hastings
Senior Vice President
ACKNOWLEDGEMENT AND CONSENT
Collier County AUG 0 3 1999
By:
Print Name:
Its: Dated: Pg', '~
2~01 WMd~n Cen[cr D~ivc · Boni~a SpHn~s, ~[o~ida ~]~ · (9~1) 9~7-~0'0 ·
EXECUTIVE SUMMARY
RECOMMENDATION TO UPHOLD COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS' JUNE 8, 1999 DECISION TO APPROVE A PETITION FOR
REZONING FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT
DEVELOPMENT FOR THE NAPLES RESERVE GOLF CLUB.
OBJECTIVE: That the Board of County Commissioners uphold its June 8, 1999 decision
granting a petition for rezoning from "A" Rural Agriculture to "PUD" Planned Unit
Development for the Naples Reserve Golf Club.
CONSIDERATIONS:
A. Statement of the Issue:
Pursuant to subsection 163.3215(3), Fla. Star., on July 8, 1999, the Florida Wildlife
Federation and Collier County Audubon Society filed a Verified Complaint challenging
the Board's June 8, 1999 approval of a petition for rezoning from "A" Rural
Agriculture to "PUD" Planned Unit Development for the Naples Reserve Golf Club.
B. Analysis:
Since this is a matter which can result in potential litigation, the comments and
analysis by staff and the County Attorney's Office are specifically limited. However, in
summary, it is the contention of Collier County that the following are fatal defects with
regard to the Verified Complaint filed by the Florida Wildlife Federation and the
Collier County Audubon Society.
1. That the Florida Wildlife Federation and the Collier County Audubon Society do
not have the necessary standing to enforce any local comprehensive plan through
a Section 163.3215(3), Fla. Stat. Verified Complaint.
2. That any actions of Collier County, by and through County Administration and/or
the County Commission are appropriate and consistent with the Collier County
Growth Management Plan, Chapter 163, Fla. Stat. and Rule 9J-5, Florida
Administrative Code.
3. That the provisions of Section 163.3215, Fla. Stat. do not require a public hearing
for the purpose of any response.
D. Options
1. Reject the Verified Complaint and direct the County Attorney's OffiCe to defend
same.
"""" 2. Accept the Verified Complaint and schedule a public hearing on the subject.
3. Direct staff otherwise
AU~ 0 3 1999
FISCAL IMPACT: None
GROWTH MANAGEMENT IMPACT:
If a lawsuit is filed in Circuit Court, it may ultimately decide whether or not the
actions complained of are consistent with the County's Growth Management Plan.
RECOMMENDATION:
That the Board of County Commissioners uphold its decision of June 8, 1999 for
approval of a petition for rezoning from "A" Rural Agriculture to "PUD" Planned Unit
Development for the Naples Reserve Golf Club and direct the County Attorney's
Office to defend same.
Prepared by:
Michael W. Pettit Date
Assistant County Attorney
Reviewed by:
~&Fjoi~'e M. Student' Date
Assistant County Attorney
Reviewed by:
Robert J. Mulhere Date
Di rector Planning Services
Approved by:
David C. Weigel /,..) D
County-Attorney
AGENDA I
h\lit\flwildlifenaplesreserveexecutivesummary-slm NO, ~~~'
8 3 1999
p~.~ L~
BEFORE THE COLLIER COUNTY COMMI:
STATE OF FLORIDA
JUL 0 8 1999
FLOP_IDA W'ILDLIFE FEDERATION, ]
a not-for-profit Florida corporation, ]
COLLIEP,. COUNTY AUDUBON SOCIETY, ]
a not-for-profit Florida corporation, and ]
Lynn Livingston, Roger Dykstra, C~I Edens, ]
Ruth J. Edens, Ethel M. Schroen, Kathleen ]
Underhill, and Albert J. Schroen. ]
]
Plaintiffs, ]
] Case No. 99-
v. ]
]
COLLIER COUNTY, FLORIDA, ]
]
Defendant. ] --
SECTION 163.3215(3), FLA. STAT. VERIFIED COMPLAINT
CONCERNING NAPLES RESERVE GOLF CLUB DEVELOPMENT ORDER
INCONSISTENCY
VvqTH COLLIER COUNTY'S COMPREHENSIVE LAND USE PLAN
Florida Wildlife Federation, Collier County Audubon Society, Roger
Dykstra, Lynn Livingston, Carl Edens, Ruth J. Edens, Ethel M. Schroen,
Kathleen Underhill, and Albert J. Schroen submit this verified complaint
pursuant to Section 163.3215(3), Fla. Stat. to Collier County, Florida, and
avers:
PARTIES
1. The Florida Wildlife Federation (Federation) is a Florida not-for-
profit corporation, whose address is 5051 Castello Drive, Suite 240, Naples,
Florida. The Federation 'owns real property 'in Collier County, and its
members have interests which are protected and furthered by the Collier
County Comprehensive Land Use Plan (Plan) which MilIA(~ cl.y
I AUS O 3 1999
,,--~
Pg._
~ -.. I
affected by the subject Naples Reserve Golf Club rezoning in a manner
--- '~h1~;'~eds the general interest in the community good shared by all
persons.
2. Collier County Audubon Society (Audubon) is a Florida not-for-
profit corporation, whose address is Post Office Box 11387, Naples, Florida.
Audubon's members have interests which are protected and furthered by the
Collier County Comprehensive Land Use Plan (Plan) which will be
adversely affected by the subject Naples Reserve Golf Club rezoning in a
manner which exceeds the general interest in the community good shared by
all persons.
3. Roger Dykstra resides at 238 Silverado Drive, Naples, Florida.
Mr. Dykstra owns real property in Collier County and has interests which
are protected and furthered by the Plan ~vhich will be adversely affectGd by
the subject Naples Reserve Golf Club rezoning in a manner which exceeds
the general interest in the community good shared by all persons.
4. Lynn Livingston resides at 101 East Pago Pago Drive #2,
Naples, Florida. Mr. Livingston owns real property in Collier County and
has interests which are protected and furthered by Plan vvhich w'ill be
adversely affected by the subject Naples Reserve Golf Club rezoning in a
manner which exceeds the general interest in the community good shared by
all persons.
5. Ethel M. SCkoen resides at 946 Henderson Creek Drive,
Naples, Florida. Mrs. Schroen owns real property in Collier County and has
interests which are protected and furthered by Plan which will be adversely
affected by the subject Naples Reserve Golf Club rezoning in a manner
which exceeds the general interest in the cor~munity good shared by all
r"' persons.
AGENDA ITEM
AUG O 3 1999
2 Pg.
6. Albert J. Schroen resides at 946 Henderson Creek .Drive,
Naples, Florida. Mr. Schroen owns real property in Collier CoUnty ahd b/as
interests which are protected and furthered by Plan which will be adversely
affected by the subject Naples Reserve Golf Club rezoning in a manner
which exceeds the general interest in the community good shared by all
persons.
7. Ruth J. Edens resides at 1424 San Juan Avenue,
Naples, Florida. Ms. Edens owns real property in Collier County and has
interests which are protected and furthered by Plan which will be adversely
affected by the subject Naples Reserve Golf Club rezoning in a manner
which exceeds the general interest in the community good shared by all
persons.
8. Carl Edens resides at 1424 San Juan Avenue, Naples, Florida.:; Mr.
Edens owns real property in Collier County and has interests which are
protected and furthered by Plan which will be adversely affected by the
subject Naples Reserve Golf Club rezoning in a manner which exceeds the
general interest in the community good shared by all persons.
9. Kathleen Underwood resides at Auto Ranch L 15,
Naples, Florida. Ms. Underhill owns real property in Collier County and has
interests which are protected and furthered by Plan which will be adversely
affected by the subject Naples Reserve Golf Club rezoning in a manner"
which exceeds the generat interest in the community good shared by all
persons..
10. The Federation, Audubon, Roger Dykstra, Lynn Livingston, Carl
Edens, Ruth J. Edens, Ethel M. Schroen, Kathleen Underhill, and Albert J.
Schroen file this verified complaint with Collier: C. ounty pursuant to Section
163.3215(3), Fla. Stat.
COLLIER COUNTY'S ACTION WHICH IS AT ISSUI~ AGENDA IT \
NO.
AUG O 3 1999
pg.
11. The Federation, Audubon, Roger Dykstra, Lynn Livingston, Carl
...__ Edens, Ruth J. Edens, Ethel M. Schroen, Kathleen Underhill, and Albert J.
Schroen challenge the validity of Collier County's June 8, 1999, granting a
petition for rezoning from "A' Rural Agriculture to "PUD" Planned Unit
Development for the Naples Reserve Golf Club.
12. Collier County's June 8, 1999, said rezoning is:
A. Inconsistent with and violates the Future Land Use Element
(FLUE) definition of the "Agricultural/Rural" land use designation which
the Plan Future Land Use Map (FLUM) designates a portion of the Naples
Reserve Golf Club property.
B. Inconsistent with and violates FLUE Policy 5,5 to
encourage the use of existing land zoned for urban intensities before
permitting development of other areas. Existing vacant land zoned for urlYan
intensities exists which the County has not required be used before
*' permitting the Naples Reserve Golf Club.
C. Inconsistent with and violates Sanitary Sewer Policy 1.5.1
which requires the County to discourage urban sprawl by permitting central
sanitary sewer systems only in the designated areas where the County has
legal commitments to provide facilities and service outside the Urban Area.
D. Inconsistent with and violates P_o~able Water Policy 1.5.1
which requires the County to discourage urban sprawl by permitting central
potable water systems only in the designated areas where the County has
legal commitments to provide facilities and service outside the Urban Area.
E. Inconsistent with and violates Conservation and Coastal
Management Objective 2.2, Objective 2.3, Policy 2.3.6 and Policy 2.5.1
which ensure water quality and protect coastal w-ater resources.
~ AGEND~ M
AUG 0 3 1999
4 pg.
IF '8672259
P,~I
Vv~2EP~FORE, the Federation, Audubon, B.oger Dykstra, .Lynn
Livingston, .Carl Ede~s, Ruth Edens, Ethel M. Schroen, Katkteen Underhill,
and Albert J. Schroen respectfully request Collier County rescind the June 8,
1999~ said rezoning.
Thomas W. Reese, Esq.
Counsel for the Federation,
Audubon, Roger Dykstra,
Lynn Livingston, Ruth J. Edens,
Carl Edens, Ethel M. Schroen,
Kathleen Underhill, and
A/ben J. Schroen
2951 61'~ Avenue Sou~
St. Petersburg, FL 33712
(813) 867-8228
Fla. Bar No. 310077
VERIFICATION
State of Florida
County of Collier
I, Lynn Livingston, being duly sworn, state that I have read the foregoing Verified
Complaint and the allegations contained therein, and that these allegations are true.
L~r(~ Livingston
The foregoing instrument was acknowledged before me thi~day of July
.~/ sto'" 2 who is personally 'known to me, or who produced
Sx, VORN TO AND SUBSCRIBED before me this . of July 1999
·
My commissicm expires:
Tmyrn Nurehy
i~.iCornmlssion No CC 774832
Commission ExD [1911312062
AG NDA I M
AUG 0 3 1999
....
5
VERIFICATION
State of Ftorida
County of Collier
I, Carl Edens, being duly sworn, state that I have read the foregoing Verified Complaint
and the allegations contained therein, and that these allegations are true.
Carl Edens
Carl E , p ~_ ~- . ....
identification.
S~.'OZN TO AND SUBSC~BED before me this fday of July 1999.
My co~ission expires:
~:;~! / Tomyro Nurphy
f .,,,-,,~,.:~ .....Commission No CC 774832
' Commission Exp 09/13/2002
AUG 0 3 1999
VERIFICATION
State of Florida
County of Collier
I, Roger Dykstra, being duly sworn, slat t I have read the foregoing Verified
Complaint and the allegations contained therein,, ese allegations are true.
Roger Dykstra ~
The foregoing instrument ' ' o hb{~rr{~ · ,
-/
identification.
SWOtLN TO AND SUBSCRIBED before me this/~ff/~''''''' day of July 1999.
My commission expires:
.o..c~'~ L~ ~'~ 5
AUG 0 3 1999
pg. iT.; .
VERIFICATION
State of Florida
County of Collier
I, Bradley Cornell, being duly sworn, state that I am the authorized representative of
Collier County Audubon Society, a not-for-profit Florida corporation, and that I have read the
foregoing Verified Complaint and the allegations contained therein, and that these allegations are
true.
1
The foregoing instrument was ac'knowledged before me this day of July 1999, by
Bradley Cornell, who is personally 'known to me, or who produced
as identification.
S\VOP~N TO AND SUBSCRIBED before me this/,~ ""~day of July 99.
--, .
My commission expires:
,,-. ......
rmyra Nurlahy
i "'~:..~7 Commission No CC 714832
Cnrnmission Exa Og/13Z2D02
AUS 0 3 1999
pg.
VERIFICATION
State of Florida
County of Collier
I, Nancy Anne Payton, being duly sworn, state that I am the authorized
representative of the Florida Wildlife Federation, a not-for-profit Florida corporation, and
that I have read the foregoing Verified Complaint and the allegations contained therein,
and that these allegations are true. ~p~z~~)~~ _
ayton
The foregoing instrument was acknowledged before me this ' _ day of July
KN TO SUBSC~BED before me this day of July 1999.
My commission expires:
;~= lornyrn Nurl3hy
:i--. .;,i CommlsslonNoCC774832
~',,:;;,~,~.~,-.
Commission [xp 091t312002
AUS 0 3 1999
4 Pg.
VERIFICATION
State of Florida
County of Collier
I, Ruth J. Edens, being duly sworn, state that I have read the foregoing Verified
Complaint and the allegations contained therein, and that these allegations are true.
Ruth J. Edens
The foregoing instrument was acknowledged before me this '~tay of July
dz. _ s identification.
SWOtLN TO AND SUBSCRIBED before me this y of July 1999
My commission expires:
[~} Tomvia l~un3hy
Commission Xo CC 774632
{ ";:"::~::""~ Commission ExD 0911312002
AUG O 3 1999
I Pg. ~ ~
VERIFICATION '
State of Florida
County of Collier
I, Kathleen Underhill, being duly sworn, state that I have read the foregoing
Verified Complaint and the allegations contained therein, and that these allegations are
true.
Kathleen Underhill
The foregoing instrument was acknowledged before me this day of July
stopne. rsonally, ' ' ' known to me, ~duce~
SVCORN TO AND SUBSCR/BED before me this day of July 1999
n expires:
lnrnyro MUTDh'/
~)Comrntsslan He E(: 774832
Commission Exl3 119,'t3./20t12
AUS 0 3 1999
Pg. ~ q
VERIFICATION
State of Florida
Count>' of Collier
I, Albert J. Schroen, being duly sworn, state that I have read the foregoing
Verified Complaint and the allegations contained therein, and that these allegations are
Albert J. S¢(foen
The foreo_oin.o instrument was ac'knowledged before e tmhd. or~whoda
S\VOI~N TO AND SUBSCRIBED before me thi day of J~Y 1999
My commission expires:
~"il;~:~:':::~.~'~!~i Tumvrn Mumh'y
;.~:::~!,..,,, Cmmlsslnn H~ Cr. 774832
Cmrnission Exp B9/13/2002
AUG 0 3 1999
VERIFICATION
State of Florida
County. of Collier
I, Ethel M. Schroen, being duly sworn, state that I have read the foregoing
Verified Complaint and the allegations contained therein, and that these allegations are
true.
Ethel M. Schroen
The foregoing instrument was ac'knowledged before me this ,/Vf~day of July
. d i
S~'O~N TO AND SUBSCMBED before me this day of July 1999
My co~ission expires:
~) lmyra Murphy
C0mmissl0n N0 r.g 774832
Commission Ex~' 09,,13f2002
AU,~ 0 3 1999
' pg .... t{,,
1
EXECUTIVE SUMMARY
V-99-6, WILLIAM AND THERESE HOLZINGER REQUESTING A 5-FOOT VARIANCE
FROM THE REQUIRED SIDE YARD SETBACK OF 15 FEET TO 10 FEET ON EACH
SIDE FOR PROPERTY LOCATED AT 1838 SANTA BARBARA BOULEVARD,
FURTHER DESCRIBED AS LOT 9 AND THE SOUTH ONE-HALF OF LOT 10, BLOCK
153, GOLDEN GATE UNIT 5, IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
The petitioners request a 5-foot variance from the required 15-foot setback to 10 feet to
allow construction of an office building.
CONSIDERATIONS:
The petitioners wish to reduce the required side yard from 15 feet to 10 feet in order to
construct an office building in the Convenience Commercial (C-2) district.
For non-conforming lots of record, the Land Development Code permits the minimum
side yard to be reduced to the height of the proposed principal structure. If this structure
were proposed at a height of 10 feet, the variance for the building would not be required.
The petitioner wishes to construct a one-story building with a loft, using an architectural
design, which would prevent him from meeting the 10-foot height limitation.
Two letters of objection were received. One simply stated an objection to the variance,
the other objected on the basis of a negative influence on property values.
FISCAL IMPACT:
Approval of this petition would have no fiscal impact on the County.
GROWTH MANAGEMENT IMPACT:
Since the proposed use is as an office in the C-2 zoning district, the use of the property
proposed for the variance is consistent with the Future Land Use Element of the Collier
County Growth Management Plan. A~A ITEM
AUG 0 3 1999
PII.. ../'
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioners' property is not located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or
waiver is not required.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission reviewed this petition on June 17, 1999, and
by a unanimous vote, forwarded Petition V-99-06 to the Board of Zoning Appeals with a
recommendation of approval.
PREPARED BY'
~REVIEWED ~Y:
I~A'~'D 'F~'. ~I~CP DATE
CURRENT PLANNING MANAGER
ROBERT J. MULHERE, AICP DATE
PLANNING SERVICES DIRECTOR
A/_P~P~VED BY: ~
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
executive summary/V-99-06
AGE. NOA ITEM
AUG 0 3 1999
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: FRED REISCHL
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: MAY 18, 1999
RE: PETITION V-99-6
AGENT/APPLICANT:
Owner: William & Therese Holzinger
2248 River Reach Drive
Naples, FL 34104
REQUESTED ACTION:
The petitioner requests a 15-foot variance from the required 25-foot setback to 10 feet
to allow construction of an office building.
GEOGRAPHIC LOCATION:
The subject property is addressed as 1838 Santa Barbara Boulevard and is legally
described as Golden Gate Unit 5, Block 153, Lot 9 and the south half of Lot 10.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner wishes to reduce the required side yard from 25 feet to 10 feet in ~rder
construct an office building in the Convenience Commercial (C-2) district. Lall~l
AUG 0 3 1999
Development Code amendment is currently under consideration, which, if approved,
would reduce the required side yard in the C-2 district to 15 feet.
For non-conforming lots of record, the Land Development Code permits the minimum
side yard to be reduced to the height of the proposed principal structure. If this structure
were proposed at a height of 10 feet, the variance for the building would not be required.
The petitioner wishes to construct a one-story building with a loft, using an architectural
design, which would prevent him from meeting the 10-foot height limitation.
SURROUNDING LAND USE AND ZONING:
Subject: Undeveloped lot; zoned C-2
Surrounding: North - Office building; zoned C-2
East - Public alley, across which is a residential structure;
zoned RMF-12
South - Undeveloped lot; zoned C-2
West - Santa Barbara Boulevard, across which are single
family homes; zoned E
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is not located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or
waiver is not required.
EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND
ENVIRONMENT:
Approval of this variance request will have no effect on infrastructure, transportation or
the environment.
ANALYSIS:
Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning
Appeals to grant variances. The Planning Commission is advisory to the BZA AGENDAITEI
utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are gen ,ral
AUG 0 3 1999
2
guidelines to be used to assist the Commission in making a determination. Responses
to the items in Section 2.7.5.6 are as follows:
a. Are there special conditions and circumstances existing, which are peculiar
to the location, size and characteristics of the land, structure or building
involved?
Yes. The platted lot and a half are still less than the required 150 feet of lot width,
therefore, the lot is non-conforming. However, a minimum 1000 square foot
building is required in the C-2 district and the petitioner proposes a 2000 square
foot building.
b. Are there special conditions and circumstances, which do not result from
the action of the applicant such as pre-existing conditions relative to the
property, which is the subject of the variance request?
No. The Petitioner wishes to construct a building in a configuration, which does
not fit within the required setbacks.
c. Will a literal interpretation of the provisions of this Land Development Code
work unnecessary and undue hardship on the applicant?
No. A building, which meets required minimum size, could be constructed within
the required yards or the building could be reduced in height.
d. Will the variance, if granted, be the minimum variance that will make
possible the reasonable use of the land, building or structure and which
promote standards of health, safety and welfare?
No. A building, which meets required minimum size, could be constructed within
the required yards.
e. Will granting the variance requested confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings,
or structures in the same zoning district?
..,,,_,. Yes, this variance will allow the petitioner to have a building closer to the Iol lin~..~
than would be permitted in the C-2 district. AGENDA rfEM
AUG O 3 1g 9
3
Pi. ~
f. Will granting the variance be in harmony with the general intent and purpose
of this Land Development Code, and not be injurious to the neighborhood,
or otherwise detrimental to the public welfare?
Yes. The Land Development Code permits an administrative reduction in the side
yard setback for non-conforming lots, to the height of the building. The effect of
the granting of this variance request would be to allow building styles other than a
flat-roof, which will be in harmony with the general intent, and purpose of the LDC.
g. Are there natural conditions or physically induced conditions that ameliorate
the goals and objectives of the regulation such as natural preserves, lakes,
golf courses, etc.?
No. The building is adjacent to other commercial zoning.
h. Will granting the variance be consistent with the Growth Management Plan.
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
AGENDA ITEM
AUG 0 3 1999
STAFF RECOMMENDATION:
Due to the fact that the granting of this variance serves to permit differing architectural
styles other than a flat-roof, staff recommends that the CCPC forward Petition V-99-06
to the BZA with a recommendation for approval of the building setbacks.
PREPARED BY:
FREIb._E~ISCHL, SENIOR PLANNER DATE
C?J~RENT PLANNING
R(~;~L.D F'~ N~NO, IC DATE
A P
CURRENT PLANNING MANAGER
ROBERt J. MULHERE, AICP DATE
PLANNING SERVICES DIRECTOR
APPRO D BY:
TERO, AICP, ADMINISTRATOR DA~'~"(z
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
Petition Number: V-99-06
Staff report for the June 17, 1999 CCPC meeting.
Collier County Planning Commission:
AGENDA ITEM
s AUG 0 3 1999
PI-
VARIANCE PETITION "-
Petition No. Ft.,, c~'_ G i
Commission District: ~ Planner Assigned: ~ ~c-"/S c44C-
ABOVE TO BE COMPLETED BY ST~tjF
GENERAL INFORMATION;
7'N'
Petitioner's Name: ~z,.
Petitioner's Address:
/L /Arz ,,c.[~ ~ -, .,,'/, ..;,.//o 5/ Telephone:
Agent's Name: /IJ/;?':/
Agent's Address:
T~lephone:
COLL/~,R COUNTY COMMUNITY DEVELOPMENT PLA. NNING
SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 AGF,.NDAITEM
·PHONE (941) 403-2400/FAX (941) 643-6968
AUG 0 3 1999
Application for Variance Petition - 8198 Page ff 8
---- Complete the following for all Association(s) affiliated with this petition. (Provide additiona
sheets if necessar2,.')
Name of Homeowner Association:
Mailing Address ~~ City. ____~ State Zip .
Name of Homeowner Association: . '
Mailing Address ~_ City. State Zip
Name of Homeowner Association:
Mailing Address ~__ City... State . Zip
Name of Master Association:
Mailing Address City.. State Zip
Name of Civic Association:
-Marion -Xddress
PROPERTY DESCRIPTION:
Legal Description of Subject Property:
Subdivision: ~..~,,..,2.~,~J ..~ ~ -r ~,-, .:. Unit5~ Lot (s) ,-~t %.,~/z-Block (s) , D ~
Section T~. R~ge Prope~ I.D. ~ ~ 7 '? , 3~- fz~ ~-> ~'
Metes & Bounds Description:
AUG O 3 1999
Application for Variance Petition - 8/98 Page of 8
Current Zoning and Land use of Subject Parcel:
Adjacent Zoning & Land Use:
Minimum Yard Requirements for Subject Property.:
., /
Front: /-- -~ Comer Lot: Yes
Side: .~ 5 Waterfront Lot: Yes ~ No
Rear:
AUG 0 3 1999
Application for Variance Petition - 8/98 Pa 3 o~l 7/
Nature of Petition
Provide a detaiie: explanation of the request including what structures are existing and ,,,,'hat is
proposed: the L-v..ount of encroachment proposed using numbers, i.e. reduce front setback from
25' to .1, Sk when property owner purchased property; when existing principal structure was
built (include bu:iding permit number (s) if possible); why encroachment is necessary,; how
existing encroac?,.ment came to be; etc.
t:'~'cF'E/eT9 ,'.~ ~se~ c,>J 7'74e= 14.4/,,./,rcu.~, S,,c,E 597' .~c,K-..
/
,, ~ /"-/,
[
Z ,4, r-/ ~z..so A:'TPcMz/,j~ ,7'0 .EA',5~ (ZoP'v' oF 7"Hi.~
,..,{?3/Z)-v'rR >':,' D/,3 ,~/ /~O DE~e"/ &/,J Z.,t/','T'H 7'HE ~ ~ F"E~.5 ,'
/.~ on R ioc fr: L~--,- g'f,KLoT- 1~'7E'/:r
r. ~ '7"~ C c-- AUG 0 3 1999
Application for Variance Petition - 8/98 pa~e 4 of pl./~,,
Please note that staff and the Collier County. Planning Comrmssion shall be guided in their recommendation to the
Board of zcnmg Appeals. and that the Board of zoning appeals shall be guided in its deterrmnanon to approve or
deny a variance pention by the below listed criteria 11-8). I Please address this criteria using additional pages if
necessary. ~
Are there special condinons and circumstances existing which are peculiar to the locanon. s~ze and
charactensncs of the land. structure. or buiidmg revolved.
a,., ,..,o'7 &,,.., ;= ,.,-, ,,v .. n,, E,,,. ,. , ,e.
2. Are there special conditions and circumstances which do not result from the action of the applicant
such as pre-ex~snng conditions relative to the property, which is the subject of the variance request.
3. Will a literal mtemretanon of the provisions of this zoning code ~vork unnecessary. and undue hardskip on the applicant or create pracncai difficulues on the applicant.
'>,--
b"tJ S E 'T
d',-. , ,- a , ,,, ,..~ /,~ 7'.'.t E- ,q,q g n, - u',~.,,-i_..s~ ,7',q E 5~r- &,,7, ,..~: i=
4. Will the variance. if ganted. be the minimum variance that will make possible the reasonable use of
the land. building or su'ucmre and which promote standards of health, safety. or welfare.
AUG 0 3 1999
Application for Variance Petition - 8~98 Page 5 8
pg. Z:i'...
Will granting the vanance requested confer on the petitioner any special privilege that is denied by
these zoning regulations to other lands. buildings, or structures m the same zoning district.
P,t
6. Will gantmg the variance be in harmony with the intent and purpose of this zoning code, and not be
injurious to the neighborhood, or othersrise detrimental to the public welfare.
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objecnves of the regulanon such as natural preserves. lakes, golf course, etc.
S. Will granting the variance be consistent with the growth management plan.
V d~ ' <' """
f d C L'r,--,C L- Z.-V / , c ~ e~- 5 .ez', /'~,,-l t-,k:
/
7.Y ,F;-'- ,a,,,~ _,, ,"4 ~,'~,'-' : ,~. ,~',<.~',/rC,~n /~DL../t . -,f l' i.t,', t-
,,,.
AUG O 3 1999
Application for Variance Petition - 8/98 Page 6 f 8
3 1999
~ z RESOLUTION NO. 99-
2
3 RELATING TO PETITION NUMBER V-99-6,
4 FOR A VARIANCE ON PROPERTY
s HEREINAFTER DESCRIBED IN COLLIER
6 COUNTY, FLOKIDA.
~ WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
~0 has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
~ and such business regulations as are necessary for the protection of the public; and
z2 WHEREAS, the County pursuant thereto has adopted a Land Development Code
z3 (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
:4 divisions of the County, among which is the granting of variances; and
~ s WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
~s the area hereby affected, has held a public hearing after notice as in said regulations made and
~ 7 provided, and has considered the advisability of a 5-foot variance from the required side yard
~ e setback of 15 feet to 10 feet as shown on the attached plot plan, Exhibit "A", in a C-2 Zone for
: e the property hereinafier described, and has found as a matter of fact that satisfactory provision
20 and arrangement have been made concerning all applicable matters required by said
2: regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land
: 2 Development Code for the unincorporated area of Collier County; and
: 3 WHEREAS, all interested parties have been given opportunity to be heard by this
24 Board in public meeting assembled, and the Board having considered all matters presented:
2 s NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONTNG APPEALS
2 6 of Collier County, Florida, that:
27 The Petition V-99-6 filed by William & Therese Holzinger, with respect to the
2 s property hereinafter described as:
29
30 Lot 9 and the south one-half of Lot 10, Block 153, Golden Gate, Unit 5, as
3~ recorded in Plat Book 5, Pages 117 through 121, of the Public Records of
32 Collier County, Florida.
33 be and the same hereby is approved for a 5-foot variance from the required side yard setback
34 of 15 feet to 10 feet as shown on the attached plot plan. Exhibit "A". of the C-2 Zoning
3 s District wherein said property is located, subject to the following conditions:
36
37 The structure shall be limited to one habitable story. with a loft.
./7,4
AUG 0 3 1 99
P~._
2 BE IT RESOLVED that this Resolution relating to Petition Number V-99-6 be
3 recorded in the minutes of this Board.
4 This Resolution adopted after motion, second and majority vote.
5 Done this day of ., 1999.
, ATTEST: BOARD OF ZONING APPEALS
s DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
9
1.0
~.2 PAMELA S. MAC'KIE, Chairwoman
1.3
~4 Approved as to Form and Legal Sufficiency:
Marjofie M. Student
Assistant County Attomey
20
21 g, admin,,sue/V-99-6/ RESOLUTION
22
23
AUG 0 3 }999
EXECUTIVE SUMMARY
PETITION NO. CU-99-7, HOYT HOLBROOKS, REPRESENTING THE LAKE TRAFFORD
BAPTIST CHURCH, REQUESTING CONDITIONAL USE "11" OF THE AGRICULTLYRE
ZONING DISTRICT FOR A DAY CARE FACILITY FOR PROPERTY LOCATED AT 1207
CARSON ROAD, IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA.
OBJECTIVE:
To obtain conditional use "11" of the "A" Agriculture zoning district to allow for a day care facility.
CONSIDERATIONS:
The petitioner is requesting conditional use approval on the subject 3.2 acre site to allow for the
operation of a day care center. The application indicates that the maximum amount of students within
an existing church facility will be 50 children. The petitioner is not proposing to construct any new
structure or expand the existing church facility. In addition, the existing church facility provides a large
drop-off and pick up area in the front parking area and will provide a fenced play area in back. Lastly,
the site contains 108 parking spaces which is more than the amount required for both the church and
day care uses. The primary access to the site is from the existing approved Carson Road connection.
A traffic impact study by staff indicates that the proposed use will generate approximately 232 trips on
a weekday. Based on this date, the site generated trips will not exceed the significance test standard (5
percent of the level of service "C" design volume) on Carson Road fronting the project. In addition,
the site generated trips will not lower the level of service below the adopted LOS "D" standard. on any
County road. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic Circulation
Element (TCE). The TCE also classifies this segment of Carson Road as a 2 lane arterial road fronting
the project. The current traffic count for this segment fronting the project is 4,608 AADT which results
in LOS "C" operation. The traffic projections indicate that this segment should not be deficient by the
commencement of the day care center. Based on these findings, this petition is deemed to be consistent
with the Policy 1.3 and 1.4 of the TCE.
All conditional use petitions require a findings on the part of the Collier County Planning Commission
(CCPC) based on the provisions of Section 2.7.4. A preponderance of the findings support an action to
approve the subject petition. The conditional use findings are formatted to give both reasons for or
against a decision to utilize the property for a medical and health service facility. Said findings are
included in this executive summary submission together with the staff report which is approved by the
CCPC. A summary of the major Pro/Cons from the Finding report is as follows:
PRO:
· The proposed use is consistent with the Growth Management Plan. AaF. mA
· The existing ingress/egress should operate adequately and with an acceptable leve of s~ldi?ty.
· This petition represents compatible land use conditions.
AUG 0 3
The orientation of the existing building is such that it is buffered from adjacent residential property
to the north and east by an existing road and landscaping. This will be augmented by a perimeter
buffer on the edge of the property.
CON:
_~ Intensifying the traffic condition on this segment of Carson Road may at times give rise to
inconveniencing neighborhood residents along Carson Road.
The Collier County Planning Commission reviewed this petition on June 17, 1999 during their public
hearing and voted to recommend approval of this petition by a vote of 5 to 0, subject to the stipulation~
contained in the Resolution. This recommendation was based on their findings that the conditional use
is consistent with the Immokalee Master Plan, the Growth Management Plan, the ingress/egress is
meets County requirements and the project is compatible with the adjacent properties.
FISCAL IMPACT:
Prior to the commencement of the use authorized by the approval of this conditional use petition, the
following revenue stream is estimated as follows:
Park Impact Fee: $578.00
Libraries Impact Fee: $180.52
Fire Impact Fee: $0.15 per square foot under roof
Road Impact Fee: $60.00 per student
Radon Impact Fee: $0.05 per square foot under roof
B.C.A.I. Impact Fee: $0.05 per square foot under roof
EMS Impact Fee: $43.00 per 1,000 square feet
The total amount of impact fees for the day care use is 9,062.52. These impact fees are based on the
total square footage of the existing 7,800 square foot structure. Since this existing structure was
constructed after the implementation of the impact fee ordinance, the proposed day care use is eligible
for impact fee credits. Therefore, only the difference between the impact fees paid by the church versus
the day care use will be collected.
In addition to impact fees described above, there are typically building permit review fees and utility
fees associated with connecting to the County sewer and water system. Building permit fees have
traditionally off-set the cost of administering the community development review process. Whereas
utility fees are based on their proportionate share of impact to the County system. Since the structure is
currently served by the Immokalee Water & Sewer District and is only proposed for internal
remodeling, these additional fees will be minimal.
Impact Fees are currently being reviewed to determine if adjustments are required to more accurately
reflect the impact of a particular development on County provided services. Lastly, additional revenue
is generated by the ad valorum tax dependents on the value of the improvements. At this point in time
staff has not developed a method by which to estimate the cost of a particular land ~se
project. Such a model in our opinion would be misleading because there is no certain ~ay
their value and likelihood that not all of the authorized development will occur.
AUG 0 3 1999
Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development
takes place in an environment of concurrency management. When level of service requirements fall
below the developed standard, a mechanism is in place to bring about a cessation of building activities.
Certain LOS standards apply countywide and would therefore bring about a countywide concurrency
determination versus roads which may have geographic concurrency implications.
GROWTH MANAGEMENT IMPACT:
The subject property is designated High Residential on the Immokalee Future Land Use Map of the
Immokalee Master Plan. This designation is intended to allow a base density of 8 units per acre. The
district also permits non-residential uses such as churches, schools, essential services, medical related
uses and day care facilities. Since the proposed day care is a conditional uses in the Agriculture
District, the proposed use is consistent with the Immokalee Master Plan. In addition, this conditional
use petition does nothing to impact any consistency relationship with the GMP.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommended that the Collier County Board of Zoning
Appeals approve Petition CU-99-7, for Conditional Use "1 l"of the "A" zoning district for property
described in the attached Resolution of Adoption and Exhibits thereto which includes the conditions of
approval and a conceptual plan. Since no one spoke in opposition, this petition has been placed on the
summary agenda
PREPARED BY
'RA'6 3ffLLOWS, PRINCIPAL PLANNER DATE
CURRENT PLANNING SECTION
~ qALI~--~.~vl~,TxhqO, AICP, MANAGER DATE
CURRENT PLANNING SECTION
ROBEt(T J. MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES DEPARTMENT
APPI~OYED BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMU~TY DEV. AND ENVIRONMiENTAL SVCS. AGEnOA ntU
EX SUMMARY/CU-99-7/RVB/rb
AUG 0 3 1999
AGENDA ITEM 7-E
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DATE: MAY 10, 1999
RE: PETITION NO: CU-99-7, LAKE TRAFFORD BAPTIST CHURCH
OWNER/AGENT:
Agent: Mr. Hoyt Holbrooks
1207 Carson Road
Immokalee, Florida 34142
Owner: Lake Trafford Baptist Church
Hoyt Holbrooks, Pastor
-'- 1207 Carson Road
Immokalee, Florida 34142
REQUESTED ACTION:
To obtain conditional use "11" of the "A" Agriculture zoning district to allow for a day care facility.
GEOGRAPHIC LOCATION:
The subject property is located on the west side of Carson Road and approximately 400 feet south of
the intersection with Curry Road in Section 31, Township 46 South, Range 29 East. (See iljustration
on the following page.)
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner is requesting conditional use approval on the subject 3.41 acre site to allow for the
operation of a day care center. The application indicates that the maximum amount of students within
an existing church facility will be 50 children. The petitioner is not proposing to construct a new
facility or expand the existing church facility. In addition, the existing church facility provides a large
drop-off and pick up area in the front parking area and proposes a fenced play area in back. Lastly,
the site contains 108 parking spaces which is more than the amount required for both the church and
· '/"" day care uses. The primary access tothe site is from the existing approved Carson Ro ~d connection.
AGENDA iTEM
AUG 0 3 1999
P~.
.. ~ .' '- : -'-,-;,
·
~ ,/' ~
! ' ~ !~}'~ ~
:- AUG O 1999
..,/
SURROUNDING LAND USE AND ZONING:
Existing Conditions: The site is currently developed with a church facility and is zoned Agriculture.
Surrounding: North - Undeveloped; Zoned Mobile Home (MH).
East Carson Road and vacant land; Zoned: Mobile Home (MH).
South - Existing Water Plant; Zoned Agriculture.
West- Farm pasture land; Zoned Agriculture.
GROWTH MANAGEMENT PLAN CONSISTENCY:
This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the
Growth Management Plan, as noted below:
Future Land Use Element: The subject property is designated High Residential on the Immokalee Future
Land Use Map of the Immokalee Master Plan. This designation is intended to allow a base density of 8 units
per acre. The district also permits non-residential uses such as churches, schools, essential services, medical
related uses and day care facilities. Since the proposed day care is a conditional uses in the Agriculture
District, the proposed use is consistent with the Immokalee Master Plan.
Traffic Circulation Element: The Traffic Impact Study (TIS) indicates that the proposed use will generate
approximately 232 trips on a weekday. Based on this date, the site generated trips will not exceed the
significance test standard (5 percent of the level of service "C" design volume) on Carson Road fronting the
project. In addition, the site generated trips will not lower the level of service below the adopted LOS "D"
standard on any County road. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic
Circulation Element (TCE). The TCE also classifies this segment of Carson Road as a 2 lane arterial road
fronting the project. The current traffic count for this segment fronting the project is 4,608 AADT which
results in LOS "C" operation. The traffic projections indicate that this segment should not be deficient by the
commencement of the day care center. Based on these findings, this petition is deemed to be consistent with
the Policy 1.3 and 1.4 of the TCE.
Other Applicable Elements: Staff review indicates that this petition has been designed to account for the
necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed
(where appropriate) to ensure consistency with the GMP during the permitting process. Development
permitted by the approval of this petition will be subject to a concurrency review under the provisions of
Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the
next to occur of either final SDP approval, final plat approval, or building permit applicable to this
development. Therefore, petition is consistent with the goals and policies of the GMP. Staff has concluded
that no level of service standards will be adversely affected by this change. Appropriate mitigation measures
and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives
and policies and other applicable elements of the GMP and level of service relationships are to be achieved by
stipulations and/or development commitments made a pan of the approval of this development order.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore,
no Historical/Archaeological Survey and Assessment is required.
EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Services Division staff.
The Transportation Division has no changes while the Environmental and Engineering staff has
approved this petition as submitted.
ANALYSIS:
The Current Planrang Staff has coordinated a comprehensive evaluation of this land use petition
based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code'
(LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts
of the proposed land use change, be they positive or negative, culminating in a staff recommendation
based on that comprehensive overview. The below listed criteria are specifically noted in Section
2.7.4 of the Land Development Code thus requiring staff evaluation and comment.
This criteria shall be used as the basis for a recommendation of approval or denial by the Planning
Commission to the Board of County Commissioners. Each of the potential considerations identified
during the staff review are listed under each of the criterion noted below, and are categorized as either
"pro" or "con" as the case may be, in the professional opinion of staff. Staff review of each of the
criterion is followed by a summary conclusion culminating in a determination of compliance, non-
compliance, or compliance with mitigation.
a. Consistency with this code and Growth Management Plan.
Pro: The subject site is designated High Residential on the Immokalee Future Land Use
Element Map to the Immokalee Master Plan. This district permits non-residential uses such as
essential services, day care, churches and related uses and is therefore consistent with the GMP.
Con: None.
Summary_ Conclusion (Findings): This petition is consistent with the FLUE to Immokalee
Master Plan. The proposed use is authorized in the High Residential designated areas and is
permitted in the Agriculture zoning district as a conditional use.
b. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Pro: (i) The project's existing ingress and egress from Carson Road is considered to be an
optimal location in terms of traffic flow and safety.
(ii) The project's ingress/egress is designed to accommodate emergency and fire service
vehicles.
AGENDA ITEM
3 AUG O 3 1999
PI-
Con: Intensi(ving the traffic conditions along Carson Road may at times give rise to
inconveniencing neighborhood residents in the area.
Summary_ Conclusion (Findings): Staff has reviewed the conceptual master plan submitted
xvith this conditional use request, and is of the opinion that due to the relatively low traffic
volumes generated by the existing church and the proposed day care use on a weekday, the
project's entrance should operate adequately and with an acceptable level of safety.
Nevertheless, some congestion is anticipated during peak use conditions and special events.
c. The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects;
Pro: (i) It is unlikely that glare or odor will be produced by the proposed use due to the
existing buffer along the property lines.
(ii) The site is located adjacent to a water treatment plant to the south and the
petitioner's mobile home subdivision to the north.
(iii) There are no existing residential structures on the adjacent properties.
Con: Temporary noise and odor may result to neighboring properties from the movement of
cars into and out of the site.
Summary. Conclusion (Findings): The orientation of the proposed child care play area is such
that it is screened from adjacent property to the west by a large buffer area. In staffs opinion,
the proposed day care petition will have limited negative effects on neighboring properties in
relation to noise, glare, economic or odor effects.
d. Compatibility. with adjacent properties and other property in the district.
PrO: (i) At this point in time, the subject site is located adjacent to vacant agriculturally zoned
properties to the west while an existing water treatment plant lies to the south. Since the
proposed use is within the existing church facility, compatibility with adjacent land uses is not
an issue.
(ii) As the surrounding residential areas develop, the proposed uses will serve a greater
number of neighborhood residences which will reduce the vehicular trip length of those
families seeking this service elsewhere.
Con: The day care facility will be operational at least five (5) days a week. Therefore, the
additional traffic generated by this project along with outdoor activities may cause an increase
in the noise level to the surrounding properties during the week.
Summary_ Conclusion (Findings): The compatibility of the proposed day care facility is not
considered a significant issue due to its location adjacent to a water treat: nent
pasture farm land to the west. Furthermore, the subject site is located adj. ;cent~ vac:t/_?Ol
mobile home property that is owned by the applicant. Since the conceptual ite plan for the
4 AUG O 3 1999
pl.
proposed day care will retain the existing vegetation and retention areas along the property
lines, compatibility with adjacent land uses is not an issue. As a result, the potential for
impacts that affect compatibility are mitigated by landscaping and the existing site design that
provides large buffer areas.
STAFF RECOMNIENDATION:
That the Collier County Planning Commission (CCPC) recommend approval of Petition CU-99-7 for
conditional use "11" of the Agriculture zoning district as otherwise conditioned in the Resolution of
Adoption.
PREPARED BY:
" 5'./
CURRENT PLANNING SECTION
5.
PJONALD F. NINO, AICP, MANAGER DATE
CURRENT PLANNING SECTION
OBERT J. ULHERE, AICP, IRECTO DATE
P VI
Vri{CEN9 7~. CAUTER6, MCP; ADMn, aS TRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Staff Report for June 17, 1999 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
STAFF REPORT/CU-99~7/RVB/rb
AGE, NDA ITEM
5 AUG 0 3 1999
Petition No.: C U 9 9 7.4 4 Date Petition Received: APR
Commission District: Planner Assigned:
ABOVE TO BE COMPLETED BY STAFF
General Information
Name or Applicant(s) 'T"/---, ,"';/~-.~. k' ff~ ~ f /ct, r /fl; fl.'./Z-4(!"J'C';Z,.-~-¢ /
Applicant's Mailing Address /,,~9~ ? [~c~/" ~ e~ A/ ,4~o/''
City f-:;,; .4~s f. ,/,~,-4/;.~'.e· State /,t-~/' Zip
Applicant's Telephone #//.9~/) g- 3' 7- ,,2 ~"~f e.' Fax #
Name of Agent '7'~6f '/,.'~.-;L v/~te'2Z5 Firm [;. ~ze 7c_ ,-
/
Agent's Mailing Address /A/_
City State Zip
Agent's Telephone # ,_5' ~'~ ~.,.,..--e Fax #
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-2400/FAX (941) 643-6968
AUG O 3 19~°9
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PA~E
Complete the following for all Association(s) affiliated with this petition· (Provide additional
shee~s if necessary)
of 1%
· '
Mailing Address /C,? c~? c~./-5'~ff'/~"_ff'City -.Tr4~,zp.t.,~,4/~State/-7 Zip
Name of Homeowner Association: /V - ,/~
Mailing Address City State __Zip
Name of Homeowner Association:
Mailing Address City State __Zip
Name of Master Association: ,,4/-/9
Mailing Address City State __Zip
Name of Civic Association: t~.'/q
Mailing Address City State __ Zip
2. Disclosure of IntereSt Information;
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address Percentage of Ownership
.~,C.J:NDA ITEM
AUG 0 3 1999
APPLICATION FOR, PUBLIC nEARING FOR, CONDITIONAL USE - 6/98
b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
Name. Address and Office Percentage of Stock
HZ,,Y Y //c /,b b, ,b
L2 c T C ~.. ~' 5elf fd, j
l/,,:e/''-/9/(e,.~,2j, --
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address ~,',~ s/'~c c Percentage of Interest
/
v' ' '
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address Percentage of Ownership
AGENO A ITEM
Date of Contract: AUG B 3 1999
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE o 6/91t
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired ( ) leased ( ): '/~c. Term of lease /'Z,,E/.., yr./mos.
If, Petitioner has option to buy, indicate date of option: and date option
terminates: ., or anticipated closing date
h. Should any changes of ownership or changes in contracts for purchase subsequent to
the date of application, but prior to the date of the final public hearing, it is the
responsibility of the applicant, or agent on his behalf, to submit a supplemental
disclosure of interest form.
3. Detailed legal description of the property_ covered by the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
---- shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed survey
may be required.
Section: ,..3 / Township: ~t/., Range:
Lot: ~/T',,"'i Block: ,,,~/a_- Subdivision: .,/F'//d~.
Plat Book__ Page #: Property I.D.#: ,~ o ~ 7,1 ~, ~. t, o a /
Metes & Bounds Description: ('~ c ~' /9 f .7"~ C d, a~ ~ e,...,7~' f~ ")
Size of property: d,'cd' fLX qc'~" ft.=TotalSq. Ft. 'i~,cr.'tc' Acres
5. Address/general location of sub_leer property_: /; ~' 7- .~~ f'~,~/
3 1999
APPI,ICATION FOR PUBLIC IIEARING FOR CONDITIONAL USE - ~I~ / ~
P
Adjacent zoning and land use:
Zoning Land
N '~,/./? ', / -c c-
E .~ /7/ l/c?v,
w
Does property owner own contiguous property to the subject property? If so, give
complete legal description of entire contiguous property. (If space is inadequate, attach on
separate page).
Section: j / Township: qb :,,,~,7~ Range:
Lot: Block: Subdivision: _c'z'rt h~.cc,4/
Plat Book o ;'u ~ Page #: ~/d .94- Property I.D.#: c'. c,c, 7/.~:~- c'c"c~ i
Metes &Bounds Description: ..$'
the dis~ct for (WPE OF USE)
Present Use of the Prope~:
8. Evaluation Criteria: Provide a narrative statement describing this request for conditional
use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code,
staff's recommendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public interest and that the
specific requirements governing the individual conditional use, if any, have been met, and
that further, satisfactory provision and arrangement have been made concerning the
following matters, where applicable. Please provide detailed respo
criterion listed below. Specify how and why the request is con fiste~ with each.
(Attach additional pages as may be necessary).
AUG O 3 1999
APPLICATION FOR PUBLIC !lEARING FOR CONDITIONAL USE - 6/98
PAGE 5
__ a. Describe how the project is consistent with the Collier County Land Development Code
and Growth Management Plan (include information on how the request is consistent
with the applicable section or portions of the future land use
element):
b. Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian
safety and convenience, traffic flow and control, and access in case of fire or
catastrophe:
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor: Vc~ N ~'
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district:
e. Please provide any additional information which you may feel is relevant to this
request.
AUG 0 3 1999
APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/911
STATElYlENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST
1. NAME OF APPLICANT:
2. MMLING ~D~SS:
~ ~. Z, CITY
3. ~D~SS OF SUBJECT PROPER~
4. LEGAL DESCRIPTION:
Section: ,,7,/ Township: /-/~, Range:
Lot: Block: Subdivision:
Plat Book__ Page #: Property
Metes & Bounds Description: //~ E c
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM []
e. FRANCHISED UTILITY SYSTEM {~
PROVIDE NAME f~,, 4~ ~,~ e_
d. PACKAGE TREATMENT PLANT []
(GPD capacity)
s. SEPTIC SYSTEM []
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM []
b. CITY UTILITY SYSTEM []
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME fa~4 4tA ~ ~'
d. PRIVATE SYSTEM (WELL) []
A~A ITEM
AUG 0 3 1999
APPLICATION FOR PUBLIC nEARING FOR CONDITIONAL USE - 6/98
PAGE 12 O~t15
7. TOTAL POPULATION TO BE SERVED:
8. PEAK AND AVERAGE DALLY DEMANDS:
A. WATER-PEAK ;;,~e,....eP',~ AVERAGEDAlLY
B. SEWER-PEAK P/,~%~ ,,~'.,P AVERAGE DAILY / _q',w. ~"-)~.
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO
BE REQUIRED: .
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and
schematic drawing of sewage treatment process to be used as well as a specific statement
regarding the method of effluent and sludge disposal. If percolation ponds are to be used,
then percolation data and soil involved shall be provided from tests prepared and certified
by a professional engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in effect
at the at time. This statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities Division prior
to the issuance of building permits by the County. If applicable, the statement shall contain
shall contain an agreement to dedicate the appropriate utility easements for serving the
water and sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is to
receive sewer or potable water services from any provider other than the County, a
statement from that prorider indicating that there is adequate capacity to serve the project
shall be provided.
Utility. Provision Statement RJM 10/17/97
AGE~A ITEM
AUG O 3 1999
APPLICATION FOR PUBLIC !tEARING FOR CONDITIONAL USE- 6/98 I PACI~.I 3 OF 15/0~
We/I, 7'd,, 77',,, k-, 7;~"h,. k',~t ~/'Z~,t,/',~,<~being first duty sworn, depose and say that we/1
am/are the owners of the proper.ty described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the disclosure
of interest information, all sketches, data, and other supplementary matter attached to and made a
part of this application. are honest and true to the best of our knowledge and belief. We/I
understand that the information requested on this application must be complete and accurate and
that the content of this form, whether computer generated or County printed shall not be altered.
Public hearings will not be advertised until this application is deemed complete, and all required
information has been submitted.
As proper.ty owner We/I further authorize /cr/04t' 7'/.fr~ ! b ~. ~/c~ to act
as our/my representative in any matters regarding [his Pehtic;n.
i"}t;e~t or Printed Name of Owner Typed or Printed Name of Owner
The f,oregoing instrument was acknowledged before me this I ,~ ql', day of On F, '1 ,
19qt(,by IAn ( 6N ,t,,swhoi( l'iy' o'b nt aorha lJroduced
' I ' as identification.
State of Florida (Signature of Nota .ry Public - State of
Coun.tv of Collier Horida)
AGENDA ITEh'
Name of Notary Public)
AUG O 3 1999
APPLICATION !=O!1 PUBLIC H~ARING 1=O11 CONDITIONAL USE -
RESOLUTION 99-
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF CHILD DAY CARE CENTER CONDITIONAL USE "11"
iN THE "A" RURAL AGRICULTURAL ZONING DISTRICT
PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER
COUNTY LAND DEVELOPMENT CODE FOR PROPERTY
LOCATED IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE
29 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of Conditional Use "11" of Section
2.2.2.3. in an "A" Rural Agricultural Zone for a child day care facility on the property hereina~er
described. and has found as a matter of fact (Exhibit "A") that satisfactory. provision and arrangement
have been made concerning all applicable matters required by said regulations and in accordance with
Subsection 2.7.4.4 of the Land Development Code for the Collier County. Planning Commission; and
WHEREAS, all interested parties have been g~ven oppormmty to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by Hoyt Holbrooks representing the Lake Trafford Baptist Church with
respect to the property hereinafter described as:
Exhibit "B' which is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "11" of Section 2.2.2.3. of the "A' Rural
Agricultural Zoning District for a child care facility in accordance with the Conceptual Master Plan
(Exhibit "C") and subject to the following conditions:
Exhibit "D' which is a~t~h~l hereto and incorporated by refertrace herm AGENDA ITEM
AUG 0 3 1999
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion. second and majority vote.
Done this day of ,1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'K/E, Chairwoman
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to Form and
Legal Sufficiency:
Mai~61/Fe M. Studeh~
Assistant County Attorney
g/glrmn/su~/CU-99-07 RESOLU'HON
AGF~A ITEM
No.
AUG 0 3 1999
FINDING OF FACT
"' BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-07
The following facts are found:
1. Section 2.2.2.3.11. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A.Consistency with the Land Development Code and
Growth Mana~an:No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate in~e~%
c. Affects ' hboring properties in relation to noise,
gi~~ or odor effects:
f~ No affe or Affect mitigated by
ct c~ be mitigated
D. Compatibility with adjacent properties and other
property in the d' rict:
Compati~ithin district
No
Based cn the above findings, this conditional use should, with
stipulations~~
approval , ~ o attached) (should not) be recommended for
f/FINDING OF FACT MEMBER/ EXHIBIT "A"
AC.~9,1DA ITEM
AUG 0 3 1999
PR. ~
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-07
The following facts are found:
1. Section 2.2.2.3.11. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management P~an:
Yes / No
B. ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes .// No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
~I No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes U// No
t~itiona! use should with
Based cn the above findings, ,
stipulations, (copy attached) not) be recommended for
approval ' I~,L
f/FINDING OF FACT MEMBER/
AGENOA ITEt,
N,,,
:G 03J 1999
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-07
The following facts are found:
1. Section 2.2.2.3.11. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
cr uses in the same district or neighborhood because of:
A.Consistency with the Land Development Code and
Growth Management P~:
Yes No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress &ye~s°
Yes
C. Affects neighboring properties in relation to noise,
gla~ economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Based on the above findings, this conditional use should with
approval
f/FINDING OF FACT MEMBER/
AGE, NDA ITEM
AU6 0 3 1999
pg.
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-07
The following facts are found:
1. Section 2.2.2.3.11. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and
Growth Management Plan:
Yes j___No
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress & egress
Yes __/ No
C. Affects neighboring properties in relation to noise,
gl~e, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible us~ within district
Yes No
Based on the above findings, this conditional use xsh~?f~, with
f/FINDING OF FACT MEMBER/
AGENDA [T~
AUG 0 3 1999
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-07
The following facts are found:
1. Section 2.2.2.3.11. of the Land Development Code
authorized the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A
· Consistency with the and Development Code and
Growth Management P1 n:No
Yes
B. Ingress and egress to property and proposed
structures thereon with particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe: e~ ~
Adequate ingress & e
Yes
C. Affe~,s neighboring properties in relation to noise,
gla , economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the distr't:
Compatible us~~in district
Yes
Based on the above findings, this conditional use should, with
, ( be recom ded for
stipulations (copy attached) ~~
approval
f/FINDING OF FACT MEMBER/
AP_.~,NDA II~J~
AU$ 0 3 1999
LEGAL DESCRIPTION
(As Fumished)
LEGAL DESCRIPTION OF JOINT PARCELS
Cf}MMI~:NCING AT THE EAST QUARTER CORNER OF SECTION 31, '
TOWNSHIP 46 SOUTH, RANGE 29 EAST, ;C01.I.!IBR COUNTY; FLORID/i.
SAID SECTION; THENCE NORTH
WEST RIGHT-OF-WAY LINE OF CARSON .ROAD. AND 'T~ POINT OF~
~GINN~Na; THENCE NORTH 00'55'40" W~ST 2~0.00 FEET'
.... ,..:~,..
S 450
A POINT; THENCE SOUTH 89'06'15" EAST 249.91 FEET T0 A
POINT; THENCE NORTH 00'54,03"-WEST 200.00 TO A POINT; .:
THENCE SOUTH 89'06'30" EAST '200'.00 FEET TO THE SAID.'WEZ~
RIGHT-OF-WAY LINE AND THE P~INT
CONTAINS 3.2 ACRES MORE OR L~SS
'EXHIBIT "B"
AUG O 3 1999
u,, ,~ _ _ _ ..,..._ ,--,c--',,r,- -.,- - - :,c
ig ""' "
.5~
.,...~,.{.:~_ I .... "T'
; ~' i' :i "I'
L
i ' !'"' ~Zj'~ i -- AC-~A ITEI~
~' EXHIBIT "c" "' AUG 0 3 19!
_~_
CONDITIONS OF APPROV/~,I,
CU-99-7
a_A The Current Planning Manager may approve minor changes in the location, siting, or
height of buildings, structures, and improvements authorized by the conditional use.
Expansion of uses identified and approved within this conditional use application, or
major changes to the site plan submitted as part of this application, shall require the
submittal of a new conditional use application, and shall comply with all applicable
County Ordinances in effect at the time of submittal, including Division 3.3, Site
Development Plan Review of the Collier County Land Development Code.
The only access to the site shall be from Carson Road.
AGENOA ITEM
EXHIBIT "D" so.~
AUG 0 3 1999
EXECUTIVE SUMMARY
V-99-09, JIM TITSCH, REPRESENTING BERNARD AND ASHLEY FREELAND,
REQUESTING A VARIANCE OF 6 FEET FROM THE REQUIRED 50 FOOT FRONT
YARD SETBACK TO 44 FEET FOR THE PRINCIPAL STRUCTURE, AN AFTER-THE-
FACT VARIANCE OF 13 FEET FROM THE REQUIRED 50-FOOT FRONT YARD
SETBACK TO 37 FEET FOR AN EXISTING GUEST HOUSE, AND AN AFTER THE
FACT VARIANCE OF 6.2 FEET FROM THE REQUIRED 30-FOOT SIDE YARD
SETBACK TO 23.8 FEET FOR AN EXISTING GUEST HOUSE, FOR PROPERTY
LOCATED AT 92 MYRTLE ROAD, FURTHER DESCRIBED AS LOT 8, BLOCK M,
PINE RIDGE EXTENSION, IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA.
OBJECTIVE:
"" The petitioner requests a 6-foot variance from the required 50-foot front yard setback to
44 feet to allow construction of an architecturally compatible addition to an existing
single family home. In addition, there is an existing guest house on the lot which
encroaches into the front and side setbacks by 13 and 6.2 feet respectively.
CONSIDERATIONS:
The petitioners wish to construct an architecturally compatible addition to their house.
The proposed addition would encroach into the required front yard by six feet. In
addition, there is an existing guest house on the property that was built prior to the
requirement for a spot survey. The guest house encroaches into the front and side
setbacks.
FISCAL IMPACT:
Approval of this petition would have no fiscal impact on Collier County.
GROVVTH MANAGEMENT IMPACT:
Since the use remains residential, the property proposed for the variance is consistent
with the Future Land Use Element bf the Collier County Growth Management h an. AC.,F. NOA ITrr.~
PI._ /
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioners' property is not located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or
waiver is not required.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission reviewed this petition on June 17, 1999, and
by a unanimous vote, forwarded Petition V-99-09 to the Board of Zoning Appeals with a
recommendation of approval.
PREPARED BY:
REVIEWED BY'
RONALD '~. Ni'I~5~ICP DATE
CURRENT PLANNING MANAGER
~O T J. MULHERE, AICP DATE
PLANNING SERVICES DIRECTOR
APPROYED BY:
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
executive summary/V-99-09
AGENOA I~
/7c
AUG 0 3 1999
Pg. c~
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: FRED REISCHL
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: MAY 21, 1999
RE: PETITION V-99-09
AGENT/APPLICANT:
Owner: Bernard G. Freeland
Ashley L. Freeland
92 Myrtle Road
Naples, FL 34108
Agent: Jim Titsh
Titsch & Associates
1930 Park Meadow Drive
Fort Myers, FL 33907
REQUESTED ACTION:
The petitioner requests a 6-foot variance from the required 50-foot front yard setback to
44 feet to allow construction of an architecturally compatible addition to an existing
single family home. In addition, there is an existing guest house on the lot which
encroaches into the front and side setbacks by 13 and 6.2 feet respectively.
GEOGRAPHIC LOCATION:
The subject property is addressed as 92 Myrtle Road and is legally described as Lot 8,
Block M, Pine Ridge Extension.
AGENDA I1T. M
AUG 0 3 1999
Pg.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioners wish to construct an architecturally compatible addition to their house.
The proposed addition would encroach into the required front yard by six feet. In
addition, there is an existing guesthouse on the property that was built prior to the
requirement for a spot survey. The guesthouse encroaches into the front and side
setbacks.
SURROUNDING LAND USE AND ZONING:
Subject: Single family home; zoned RSF-1
Surrounding: North - Myrtle Road ROW
East - Cajeput Drive ROW
South - Single family home; zoned RSF-1
West - Single family home; zoned RSF-1
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is not located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or
waiver is not required.
EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND
ENVIRONMENT:
Approval of this variance request will have no effect on infrastructure, transportation or
the environment.
ANALYSIS:
Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning
Appeals to grant variances. The Planning Commission is advisory to the BZA and
utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general
guidelines to be used to assist the Commission in making a determination. Responses
to the items in Section 2.7.5.6 are as follows:
a. Are there special conditions and circumstances existing, which are peculiar
to the location, size and characteristics of the land, structure or building
involved?
AGENDA ITEM'
AUG 0 3 1999
Pl. ~_'r'
There are no special conditions for the existing principal structure. The existing
house fits on the property with the required setbacks. The guesthouse was built
by a previous owner in its existing location.
b. Are there special conditions and circumstances, which do not result from
the action of the applicant such as pre-existing conditions relative to the
property, which is the subject of the variance request?
There are no special conditions for the existing principal structure. The Petitioners
wish to construct an addition to their existing home. The guest house was
encroaching into the setbacks when the property was purchased by the
Petitioners.
c. Will a literal interpretation of the provisions of this Land Development Code
work unnecessary and undue hardship on the applicant?
No. There is an existing home on the property.
d. Will the variance, if granted, be the minimum variance that will make
possible the reasonable use of the land, building or structure and which
promote standards of health, safety and welfare?
No, the existing home is a reasonable use of the land. The proposed
improvements would increase the living area.
e. Will granting the variance requested, confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings,
or structures in the same zoning district?
Yes, this variance will allow the petitioner to have a smaller front yard than would
be permitted for a similar lot in the Pine Ridge area.
f. Will granting the variance be in harmony with the general intent and purpose
of this Land Development Code, and not be injurious to the neighborhood,
or otherwise detrimental to the public welfare?
No, granting of this variance will reduce the amount of the required yard, which will
not be in harmony with the general intent and purpose of the LDC. However,
approval of this request will not be injurious to the neighborhood or detrimental to
the public welfare.
AGENDA ITEM '
AUG 0 3 1999
3
g. Are there natural conditions or physically induced conditions that ameliorate
the goals and objectives of the regulation such as natural preserves, lakes,
golf courses, etc.?
Yes. The proposed addition will be approximately 60 feet from the edge of
pavement. The guesthouse has existed in this location for years.
h. Will granting the variance be consistent with the Growth Management Plan.
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
STAFF RECOMMENDATION:
Due to the fact that the proposed addition will be approximately 60 feet from the edge of
pavement and that the guest house has existed in this location for years, staff
recommends that the CCPC forward Petition V-99-09 to the BZA with a
recommendation for approval.
AUG 0 3
,
PREPARED BY:
FR PLANNER DATE
CURRENT PLANNING
R V WED BY.
RONALD F. NINO, AICP DATE
CURRENT PLANNING MANAGER
DATE
PLANNING SERVICES DIRECTOR
APPROV, D BY:
ERO, AICP, ADMINISTRATOR D,~,
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Petition Number: V-99-09
Staff report for the June 17, 1999 CCPC meeting.
Collier County Planning Commission:
,-M. JCHAEL J. P. gRUET, ,.., ,~.,,,.~,.
AG,~,NDA iTEM "
AUG 0 3 1999
5
VARIANCE PETITION
Petition No. Date Petition Received: ...............
Commission DiStrict: ~ Planner Assigned: ~ ~"7 ~. Cl~
ABOVE TO BE COMI'LETED BY STAFF
GENERAL INFOR1MATION:
Petitioner's Name: BERNARD G. FREELAND AND ASHLEY L. FREELAND
Petitioner's Address: 92 MYRTLE ROAD
594-9060
NAPLES, FLORIDA Telephone:
Agent's Name: JIM TITSCH
1930 PARK MEADOW DRIVE
Agent's Address:
FORT MYERS, FLORIDA 33907 Telephone: 936-4875
COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING
SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 '
PHONE (941) 403-2400/FAX (941) 643-6968
AU~ O 3 1999
Application for Variance Petition - 8/98 Page of 8
~g-
Complete the following for all Association(s) affiliated with this petition. (Provide addilional
sheets if necessary)
Name of Homeowner Assoeiafion:
Mailing Ad~ 775 ~SSENA RO~ Ci~ N~ES State P~ Zip 34108 -
N~e of Hom~ ~iafion:
M~l~g Ad~.s CiW State Zip.
N~e of Homeo~ ~socia~on:
M~l~g Ad&ess Ci~ S~te Zip
Name of Master Association:
Mailing Address City State __ Zip
Name of Civic Association:
Mailing Address City. State __ Zip
PROPERTY DESCRIPTION:
Legal Description of Subject Property:
Subdivision: PINE RIDGE ESTATE~Jnit Lot (s) 8 Block (s) M
Section 3 Twp. T49S Range 25E PropertyI.D.#
Metes&BoundsDescrip~on: LOT 8: BLOCK M., PINE RIDGE ESTATES: AC-CORDIN~3
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 3, PAGE 51 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA
Application for Variance Petition - 8/98 P. · 2 O 3 1999
Pg. /~
Address of Subject Property: 9 2 MYRTLE ROAD
(Zf diffmt fxum Petitioner'a addms)
Current Zoning and Land use of Subject Parcel: RSF-1
Adjacent Zoning & Land Use:
N RSF'-'~
RSF-1
S
Wr RSF- 1
E RSF- 1
Minimum Yard Requirements for Subject Property:
Front: 50 Comer Lot: Yes I~ No []
Side: 30 Waterfront Lot: Yes [] No f'I
Rear: 5 0
AC, ENDA ITEM
3Aol~ 0 3 1999~
Application for Y~riance PetRlon - 8~98
Nature of Petition
Provide a detailed explanation of the request including what structures are existing and what is
proposed; the mount of encroachment proposed using numbers, i.e., reduce front setback from
25' to 18'; when property owner purchased property; when existing principal structure was built
(include building permit number (s), if possible; why encroachment is necessary; how existing
encroachment came to be; ~etc.
The current site contains two single story_ structures, a primary residence and guest house. The
primary_ residence is 54.9' from the east property line. A proposed addition will encroach the
existing setback by 5.083'. The existing guest house is 36.8' ~'om east property_ line, encroaching
the setback by 13.2'. Both structures are existing and constructed prior to existing zoning
regulations. The request for variance is for relief from comer lot front yard setback, allowing for
a proposed addition to the primary_ structure. A front yard setback on the east side of the comer
lot of 35' will allow for an addition to the primary_ structure and bring the existing guest house
into compliance. A rear yard setback of 20' will bring the existing guest house into compliance.
A~IDA ITEU
Application for Variance Petition- 8/98 age ~f~,//,~c_,-
AUG O 2~ 1999
Please note that staff and the Collier County Planning Co.-,~i-,-gion shall be guided in their recommendation to the
Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its detem, h-tion to approve or
deny a variance petition by the below listed criteria (!-8). (Please address ~is criteria using additional pages if
1. Are there special conditions and circumstances existing which are peculiar to the location, size and
characteristics of the land, structure, or building involved.
.. EXISTING STRUCTURE IN FRONT YARD SETBACK.
2. Are there spcc]al conditions and circumstances which do not resttit from the action of the applicant
such as preiexisting conditions relative to the property which is the subject of the variance request.
NO
3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
NO
4. Will the variance, if granted, be the minimum variance that ~ make poss~le the reasonable use of
the land, building or slructure and which promote standards of health, safety or welfare.
YES
AGEN6A I'TF.M !
AUG 0 3 1999
AppUcadon for Variance Petition - 8/98 PIe 5 of 8
Pg.
5. Will granting the variance requested confer on the petitioner any special privilege that is denied by
these zoning regulations to other lands, buildings, or structures in the same zoning disnict.
NO
6. Wffigranting~evariance~ hhannony~ehtent~dptupo~ofthiswningc~e,~dnot~
~urio~to~eneighbo~ood, oro~erwisedetrimen~ m ~ep~Hcwe~are.
VARIANCE WILL ALLOW FOR IMPROVEMENTS ON THIS SITE SIMILAR
TO OTHERS IN NEIGHBORHOOD.
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, goff course, etc.
NO
8. Will granting the variance be consistent with the growth mn-ngement plan.
YES
AGENOA IT:EI~
""""' No. ,x//7'C----
AUG 0 3
Application for Variance Petition - 8/98 PI · 6 of 8
RESOLUTION NO. 99-
RELATING TO PETITION NUMBER V-99-09,
FOR A VARIANCE ON PROPERTY
HEREINAFTER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of a 6ofoot variance from the required front yard
setback of 50 feet to 44 feet for the principal structure, an after-the-fact variance of 13 feet
from the required 50ofoot front yard setback to 37 feet for an existing guest house, and an
after-the-fact variance of 6.2 feet from the required 30-foot side yard setback to 23.8 feet for
an existing guest house, as shown on the attached plot plan, Exhibit "A", in an RSF-I Zone
for the property hereinafier described, and has found as a matter of fact that satisfactory
provision and arrangement have been made concerning all applicable matters required by said
regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land
Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
of Collier County, Florida, that:
The Petition V-99-09 filed by Jim Titsob, representing Bernard and Ashley Freeland,
with respect to the property hereinafter described as:
Lot 8, Block M, Pine Ridge Extension, as recorded in Plat Book 3,
Page 51 of the Public Records of Collier County, Florida.
be and the same hereby is approved for a 6-foot variance from the required front yard setback
of 50 feet to 44 feet for the principal structure, an after-the-fact variance of 13 feet from the
required 50-foot front yard setback to 37 feet for an existing guest house, and an after-the-fact
variance of 6.2 feet from the required 30-foot side yard setback to 23.8 feet fgl' an o,tio,;--
AUG O 3 19C3
-:].-
guest house, as shown on the attached plot plan. Exhibit "A", of the RSF-1 Zoning District
wherein said property is located, subject to the following conditions:
This variance is for the encroachments depicted in Exhibit "A".
Other encroachments shall require separate variances.
BE IT RESOLVED that this Resolution relating to Petition Number V-99-09 be
recorded in the minutes of this Board.
This Resolution adopted alter motion, second and majority vote.
Done this day of ,1999.
ATTEST: BOARD OF ZONING APPEALS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
PAMELA S. MAC'KIE, Chairwoman
Approved as to Form and Legal Sufficiency:
MarjoriecM. Student
Assistant County Attorney
gladminlsuel%'-99-09 RESOLUTION
AC.,ENDX ITE~
AUG 0 3 ]229
-2-
Pl-~
i~i
~1"' ......................
~~ r ......................................................~ ..........
I
I ~
. II
I
~.-... '
'
.~
~ '
> ~ ...... _: ~',~
c: '.~.~
: ~'.22 I
.
AUG O 3 19~3
-- EXHIBIT "A"
EXECUTIVE SUMMARY
CU-99-09, KATHERINE DINATALE, REPRESENTING ANN PHILLIP PRE-SCHOOL,
REQUESTING CONDITIONAL USE "3" OF THE "RMF-6" ZONING DISTRICT FOR A
PLAYGROUND AS AN ACCESSORY TO AN EXISTING CHILD CARE FACILITY PER
SECTION 2.2.5.3 FOR PROPERTY LOCATED AT 864 102"D AVENUE NORTH,
FURTHER DESCRIBED AS LOT 48, BLOCK 72, NAPLES PARK UNIT 5, IN
SECTION 28, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 0.154+/- ACRES.
OBJECTIVE:
The Petitioner requests Conditional Use approval, per Section 2.2.5.3.3 of the Collier ,-~
County Land Development Code, for a playground associated with a child care center,
CONSIDERATIONS:
,,,-'-'- The applicant requests a Conditional Use in order to commence use as a playground in
association with the Ann Phillip Pre-School. The property is currently undeveloped.
There will be no pedestrian or automotive access. The lot will be fenced and therefore
will only be accessible from the existing pre-school. The proposed site lies between the
existing child care facility and a commercially zoned lot.
· At the June 17, 1999 meeting of the Collier County Planning Commission, no objections
were heard, and the CCPC recommended approval by a unanimous vote.
FISCAL IMPACT:
If this petition is approved, the use as a playground will have no fiscal impact on Collier
County.
GROWTH MANAGEMENT IMPACT:
The subject parcel is designated as Urban - Mixed Use on the Future Land Use map of
the Growth Management Plan. The Urban - Mixed Use Land Use Designation is
intended to accommodate a variety of residential and non-residential land uses.
Therefore, if the Board of ZoningAppeals approves a Conditional Use for child care, the
petition shall be consistent With the Future Land Use Element of the Growth
Management Plan.
AGEI~A ITEM
AUG 0 3 1999
-;-*' pg. / ,
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff's analysis indicates that the petitioner's property is not located within an Area of
Historical and Archaeological Probability as referenced on the official Collier County
Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey
& Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
At it's June 17, 1999 meeting, the Collier County Planning Commission voted
unanimously to recommend approval of CU-99-09 to the Board of Zoning Appeals,
subject to the conditions in the Resolution.
PREPARED BY:
OR F~_ANNER DATE
I~VIEWED BY:
i=,T3NALD F. NINO, AICP DATE
CURRENT PLANNING MANAGER
R~BE~~TJ-MUL~E, AICP DATE
PLANNING SERVICES DIRECTOR
APPROVED BY: /
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
executive surnmary/CU-99-09
AGENDA ITEM
.- ....-~
-- 2 AUG 0 3 1999
Pi- ,~'
MEMORANDUM'
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: FRED REISCHL
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: May 4, 1999
RE: CU-99-09
PROPERTY OWNER/AGENT:
OWNER: Katherine DiNatale
6147 10th Avenue NW
Naples, FL 34119
REQUESTED ACTION:
The Petitioner requests Conditional Use approval, per Section 2.2.5.3.3 of the Collier
County Land Development Code, for a playground associated with a child care center.
LOCATION:
The subject parcel is located at 864 102® Avenue North, legally described as Lot 48,
Block 7, Naples Park, Unit 5. The site consists of approximately 0.154 acres.
DESCRIPTION OF PROJECT:
The applicant requests a Conditional Use in order to commence use as a playground in
association w~11~ the Ann Phillip Pre-':School. The property is currently undevelo )ed. '-
AUG 0 3 19E39
SURROUNDING LAND USE & ZONING:
SUBJECT: Undeveloped lot; zoned RMF-6
SURROUNDING:
North: 102"d Avenue North ROW, across which is a
duplex; zoned RMF-6
East: Undeveloped lot; zoned C-3
South: Single-family home; zoned RMF-6
West: Ann Phillip Pre-School
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject parcel is desigrffit~ed as Urban - Mixed Use on the Future Land Use map of
the Growth Management Plan. The Urban - Mixed Use Land Use Designation is
intended to accommodate a variety of residential and non-residential land uses.
Therefore, if the Board of Zoning Appeals approves a Conditional Use for child care, the
petition shall be consistent with the Future Land Use Element of the Growth
Management Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staff analysis indicates that the. petitioner's property in located outside an area of
historical-and archaeological probability, as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
required.
TRANSPORTATION, I N FRASTRU CTU RE & E NVI RON MENTAL EVALUATION:
The proposed impact of a playground on transportation, infrastructure, and the
environment was reviewed by the applicable reviewing agencies and their comments
have been incorporated into this Staff Report.
STAFF ANALYSIS:
Before any Conditional Use shall be recommended to the BOard of Zoning Apl~eals, the
Planning Commission shall make a finding that the granting of the Conditional Use will
not adversely affect the public interest and that the specific requirements gove 'nin~l the
individual Conditional Use, if any, have been met by the Petitioner and that sa :iSfaCtU~NbA ~TEM "
""----,
AUG O 3 1999
PJ.
provision and arrangement have been made concerning the following matters, where
applicable:
1. Consistency with the Land Development Code and the Growth Management
Plan.
Since child care is recognized as a Conditional Use of land in the Urban area, this
Conditional Use request has been determined to be consistent with the Future Land
Use Element of the Growth Management Plan. Consistency with the Land
Development Code will be determined at the time of Site Development Plan review.
2. Ingress and egress to the property and proposed structures thereon, with
particular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or catastrophe.
PRO: There will be no pedestrian or automotive access. The lot will be fenced
and therefore will only be accessible from the existing pre-school.
C,.ON: None. ':-
ANALYSIS: The granting of the Conditional Use will have no impact on
pedestrian and automotive safety.
3. The effect the Conditional Use would have on neighboring properties in
relation to noise, glare, economic or odor effects.
PRO: No structures are associated with this Conditional Use. It will consist of a
grass playground only.
_ CON: The effects of noise from children at play may have an impact on the
neighboring properties.
ANALYSIS: The proposed playground is an expansion of an existing pre-
school. The effect of noise on the neighbors should not be significant.
4. Compatibility with adjacent properties and other property in the district.
PRO: The proposed site lies between the existing child care facility and a
commercially zoned lot.
CON: There are residences to the north and south of the lot.
ANALYSLS~ The expansjan of the child care facility onto a lot that is "isolated"
""" from other residential lots along the street, ls compatible with the adjacent
properties. AGEteA
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of
Petition CU-99-09 to the Board of Zoning Appeals, subject to the stipulations in the
Resolution·
PREPARED BY:
EWED B:
CURRENT PLANNING MANAGER
'; ,//'~/,------,,__ ~ 2
R/OBERT J. MULHERE, AICP DATE ~'~
PLANNING SERVICES DIRECTOR
VINCENT A. CAUTERO, AICP
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
Petition CU-99-09
Scheduled for the June 17, 1999 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION: _-_.-
M!CHAEL J. B.P_.UET, CHA~R,MA."-~
AGENDA ITEM
4 AUG 0 3 1999
Pg.. 7
APPLICATION FOR PUBLIC F!'F~ARING FOR:
~p~ 9 2 !S99
Petition No.:c ~ 9 9 - 0 9 Date Petition
Co~ission Distact: ~ Pl~er ~ssi~ed:
ABOVE TO BE CO,VIPLETED BY STAFF
: . General Information
Applicant', Mailing Address (e l c/7/ 0 ~- ~ v'~
City t~ &/0 [c? 5 State F L-
Applicant's Telephone # ~',/f/ft, ?--- .9 q7 71
Name of Agent Finn
Agent's Mailing Address
City State Zip
Agent' s Telephone # Fax #
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
/" PHONE (941) 403-2400fFAX (941) 643-6968
.~kPPLICATION FOR PUBLIC HEARING FOR~'ONDITIONAL US!C-. 6/98 AUG 8 3 ]999
PAGE I OF I5
pg. ~7
Comniete the tbllowing for aii Assoc~ationt s ) affiliated with this petition. t Provide additional
sheets if necessary)
Name of Homeowner Association:
Mailing Address City. State __ Zip
Name of Homeowner Association:
Mailing Address CiW State __ Zip
Name of Homeowner Association:
Mailing Address City State __ Zip
Name of Master Association:
Mailing Address City State __ Zip
Name of Civic Association:
Mailing Address City. State __ Zip
2. Disclosure of Interest Information;
a. If the pwperty 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).
Percentage of Ownership
AC, F, A TEM
AUG 0 3 1989
· ,PPLICATION FOR PUBLIC FleARING FOR CONDITIONAL USE - ~
b. If the property. is owned by a CORPORATION. list the officers and stockholders and
the percentage of stock owned bv each.
Name. Address and Office Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address Percentage of Ownership
e. If ther~ is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, li_.s:t.~thc names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
- Nl~fa~__~d Address " Percentage of Ownership
AGF. H~A ~TEJ~
AUG 0 3 1999
APPLICATION FOR PUBLIC FIgARING FOR CONDITIONAL USE - 6/~
PAG 3 OF Z S /d
If any conungency ciause or contract terms invoive additional parties. list ail
individuals or officers. if a corporation. partnership. or trust.
Name and Address
g. Date subject property acquired (~) leased ( ): Term of lease yr./mos.
If, Petitioner has option to buy, indicate date of option: and date option
terminates: ., or anticipated closing date
h. Should any changes of ownership or changes in contracts for purchase subsequent to
the date of application, but prior to the date of the final public hearing, it is the
responsibility of the applicant, or agent on his behalf, to submit a supplemental
disclosure of interest form.
3. Detailed legal descriptiolt of the properly_' covered by -the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed survey
may be required.
/,- /
Section: ~$} ~ Township: ~ ~::~(.LT~ Range:
Lot: ~Z ~' Block: 7 ~ Subdivision: Nti~/(' 5. P'~i k_
Plat Boo~R/I79 Page #: ~lg'7,-~ Property I.D.#: ~ g ~77 7 8'q( 0 00
Metes & Bounds Description:
4. Size of property: ,f'~ ft.X/55' fk=rotalSq. Vt. ~75'D Acres
5. Address/general location of sub_ieet property_:
,p ') t - ~ ./ .q /
~I / v . j " N f
-- AGENDA ITEM
~,PPLICAT1ON FOR PUBLIC !tFARINC FOR[ON!lrrlON~L USi:- 6/91 AUG13 31999
P, ;E 4 OF 15/,/
p¢._
--- :. Ad_iacent zoning and !and use:
Zoning Land use
.,4 6.~i,,tc~4,~'if"~n~l
Does p~pe~ o~er o~ conti~ous prope~ to the subject prope~? ff so, give
come:re lena] ~esc~ption or entire con.~ous prope~. (]~ space is inadequate.
,
Lo,: ,& 7. s:o:k: ¢ark
t
PlatB~k 3 Page~:/4 ~pe~I.D.~: $g 7f7
Metes & Bounds Description:
Type of Conditional Use: This application is requesting conditional use. of
_ the district fOrfT~EOFUSS} 0 [O,~/OrOl~ Y~ -- rt-O p~,r'r)tO,.neY~ aav, io)Tu2n'~
' td I L r
Present Use of the Property: l/a ~ n 4- l ~ +
8. Evaluation Criteria: Provide a nan'ative statement describing this request for conditional
use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code,
staff's recommendation to the Planning Commission and the Plaxmmg Cornmission's
recommendation to the Board of Zoning Appeals shall be based upon a finding that the
granting of the conditional use will not adversely affect the public roterest and that the
._ specific reqftixements governing the mdividna! conditional use, if any, have been met, and
that furthers, satisfactory provision and arrangem_ent have been made concerning the
following matters, where applicable. Please provide detailed response to :a,~;. k'~ gEM "'
criterion listed below. Specify how and why the request is consistent wit!~o,each./~7/~
(Attaeh additional pages as may be necessary).
AUG 0 3 19~'3
:s, PPLICAT][0N !~)lt !~'tfBLIC !I[AII. INC FOR CONDTTIONAL tI-~-- - 6/9W
PAG] 5 OF 1S
Describe how the project is consistent with the Collier County Lanci DeveioDment Code
and Growth Management Plan l include information on how the request is consistent
xvith the applicable section or portions of the future land use
etement~:Z.~47 is c.~rt.~ts4e4LJ~ t.oi4~ -/-~_ dtl[~er (?_6c,~tj~
!
Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedesman
safety and convenience. traffic flow and control. and access in case of fire or
camstrophenf~r~ Lj, II 1~ ~tD ~t~k:~a,~tl~r +ra?Yr, c, ,;taress or ~ress ~,¢
|' ! / ' s , ¥ --
kJ d Id
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor:
d. Describe the site's and the proposed use's compatibility with adjacent properties and
" other properties in the district://,:e_ a~ a ,ola,/arotc~qd ~s ¢szra 0~ntt~_-tr, hle- u,~flx.
- ' ~ ld -I
request, Trot nr~ ~o~-~[ ~ l,a ,l o rau nd_ ha rr~ !'~, < '-1~ 4-ra2tt,~'~ 4~ inb
PAGE OF 15
o. Deed Restrictions: The County is legally precluded from enforcing deed resmctions.
"' however. many communities have adopted such restrictions. You may wish to contact the
civic or property. owners association in the area tbr which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
I0. Previous land use petitions on the subject property_: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing?
11. Additional. Submittal requirements: In addition to this completed application, the
following must be submitted in o½der for your application to be deemed sufficient, 'unless
otherwise waived during the preapplication meeting.
'~A copy of the pre-application meeting notes;
b. Eleven (11) copies of a~ceptual site plan [and .~.n~-reduced 8~/2'' x 11"
copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet. depicting the
following [Additional copies of the plan may be requested upon completion of staff
evaluation' for distribu~on to the Board .and various .advisory boards such as the
Environmental Advisory Board (EAB), or CCPC];
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
· locations of solid waste (refuse) containers and service function areas,
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the
site),
·proposed and/or existing landscaping and buffering as may be required by the
County,
· location of all sign~ and lighting including a narrative statement as to the type,
character, and dimensions (such as height, area, etc.);
~x, x An Environmental Impact Statement (EIS), as mquiI~ by Section 3.8. of the Land
,,-- Development Code (LDC) ....
A~r. NOAJ~
"
.-~PPL[CATIQ]~ [O!~ PIJ~LIC IttlRI~G Fon~nnrnonAt, use -
PA'
'. Whether or not an EIS is required. two copies of a recent aerial photograph, (taken
'within the previous twelve months), minimum scale of one inch equals 400 feet. shall
be submitted. Said aerial shall identify plant' and/or wildlife habitats and their
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System.
.Statement of utility provisions (with all required attachments and sketches);
N~.A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
.~M historical and archeological survey or waiver application if property is located
thin an area of historical or archaeological probability (as identified at pre-
application meeting);
Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits.
No.
AUG 0 3 1999
APPL/CATION FOR PUBLIC FIYARING FOR CONDFFIONAL USE - ~
FVe/I. f'I#LL _. being first duly sworn, depose and say that we/1
am/are the owners of the property descmbed 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 supplementa .rv matter attached to and made a
part of this application, are honest and true to the best of our knowledge and belief We/I
understand that the information requested on this application must be complete and accurate and
that the content of this form, whether computer generated or County printed shall not be altered.
Public hearings will not be advertised until this application is deemed complete. and all required
information has been submitted.
:ls proper.rv owner We/[further authorize to act
aS our/my representative in any matters~ regarding this Peti.t.ion. ;
Signature of Property Owner Signature of Property Owner
Typed or Printed Name of Owner Typed or Printed Name of Owner
~'~ F'J3 ~q . ~7)a q~ ' 5~J~ ~ D as identification.
State of Florida -, (Signature o~Not~,A~ Public - State of
Coun of Col -- Flora)
(P~nt, Type, or St~p Commas. ~nea~ '~
Name of Nota~ Public)
AUG O 3 1SE
.APPLICATION FOR P~HC H~G FOR CO~mON~ U~E - ~
RESOLUTION 99-__
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A PRESCHOOL CONDITIONAL USE "3" IN THE "RMF-
6" ZONING DISTRICT PURSUANT TO SECTION 2.2.5.3. OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the
zoning of particular geographic divisions of the County, among which is the granting of Conditional
Uses; and "~ -
WHEREAS, the Collier County Planning Commission, being the duly appointed and
constituted planning board for the area hereby affected, has held a public hearing after notice as in said
regulations made and provided, and has considered the advisability of Conditional Use "3" of Section
2.2.5.3. in an RMF-6 Zone for a preschool on the property hereinafter described, and has found as a
matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made conceming all
applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land
Development Code for the Collier County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board in a
public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
The petition filed by Katherine DiNatale with respect to the property hereinafter described as:
Exhibit "B" xvhich is attached hereto and incorporated by reference herein
be and the same is hereby approved for Conditional Use "3" of Segtion 2.2.5.3. of the RMF-6 Zoning
District for a preschool in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
This conditional use authorizes the property to be used as 'a fenced
playground with no additional structures.
AC/..NDA ITEM
AUG 0 3 199°,9,
-3.-
pg.
BE IT FLIRTHER RESOLVED that this Resolution be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote.
Done this day of ,1999.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE, Chairwoman
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to Form and
Legal SuffiCiency:
Marjori~ M. Student
Assistant County Attorney
$dadmin/sueTCU-99-09 RESOLUTION
A~A I1T=.M"'
AUG 0 3 199g
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-99-09
The following facts are found:
1. Section 2.2.5.3.3. of the Land Development Code authorized
the conditional use.
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
Consistency with e Land Development Code and
Growth Manag n:
No -.
B. Ingress and egress [o property and proposed
structures thereon With particular reference to
automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ing~re~Z
C. Affects neighborin9 properties in relation to noise,
9~~ or odor effects:
or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compat~tDin district
Based on the above findings, this conditional use should, with
mon~/~g~y attached) (should not~
x ,
DATE: ~7/g~ MEMBER:
Vice Chairman
f/FINDING OF FACT MEMBER/CU-99-09
AGENOA, ITEM
AUG 0 3 1999
i
Exhibit "A"
LEGAL DESCRIP~ON
(AS PFIOVI~D BY ~IENT1
· h~e is a bounda:y survey
~0~ 48, 5lock 72, Un~ #5, Naples Park as
recorded ~n Pla~, 5ook 3~ ;a~e 14 o~ ~he
Public Records of Collier County, .~lorida
EXHIBIT "B"
I
EXHIBIT "C"
I
AUG O 3 19S~ i
EXECUTIVE SUMMARY
PETITION NO. PUD 98-13, R. BRUCE ANDERSON OF YOUNG, VAN ASSENDERP &
VARNADOE, P.A., REPRESENTING COLLIER DEVELOPMENT CORPORATION,
REQUESTING A REZONE FOR LANDS ZONED "A" RURAL AGRICULTLrRtE AND "PUD"
PLANNED UNIT DEVELOPMENT "PUD" TO PUD" FOR A NEW "PUD" PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS COLLIER TRACT 21, FORMERLY BEACHWAY PUD,
FOR A GOLF COURSE AND ACCESSORY AND INCIDENTAL FACILITIES INCLUDING A
CLUBHOUSE, 50,000 SQUARE FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON
PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND VANDERBILT DRIVE ON THE
WEST, LYING NORTH OF 111TM AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA
CONSISTING OF 267.44+ ACRES.
OBJECTIVE:
This petition seeks to repeal a certain PUD development order (i.e. Beachway (265_+ acre~ in favor of
a new PUD and in the process rezone an additional 5.58 acres from Rural Agricultural to ) "PUD'~
Planned Unit Development.
CONSIDERATIONS:
The property has frontage on three arterial/state highways, and include the N. Tamiami Trail (U.S.
41N), 111th Avenue North (Immokalee Road) and Vanderbilt Drive. Additionally the property has
frontage along Walkerbilt Road a local street.
The original Beachway PUD (Ordinance No. 94-45) was approved as a residential development
consisting of not more than 800 dwelling units. The proposed PUD is singularly for a golf course and
related golf course facilities (i.e. clubhouse, maintenance and incidental recreation amenities), and
several acres of proposed commercial development along the North Tamiami Trail (U.S. 41N) l~fing
immediately north of the Walmart development and containing an area of 3.4 acres. A maximum
development intensity of 50,000 sq~'/t~e feet of gross leasable floor area is proposed, however to the
--extent a hotel is constructed said floor area shall be reduced by 225 square feet for every hotel unit..
Authorized uses will include all the C-3 uses plus the hotel.
Analysis for consistency with applicable elements of the GMP advise that this petition if approved as
submitted will be consistent with those applicable elements including Land Use, traffic, Open Space
and Habitat Conservation and Infrastructure.
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
AGF..J~A ITEM
Development Environmental and Engineering staff, and the Transportation Services Department staff.
Staff recommendations are included in the Development commitments sections of the PUD. The EAB
recommended approval subject to certain stipulations which are included in the PUD document.
All rezoning actions require a findings on the part of the Collier County Planning commission (CCPC)
based on the provisions of Section 2.7.2.5. A preponderance of the rezone finding support an action to
district. The rezone findings are formatted to give both reasons for or against a decision to rezone the
property. Said findings are included in this Executive Summary submission together with the staff
report which is approved by the CCPC.
The CCPC heard this petition November 5, 1998 and they unanimously recommended approval of the
petition. While several people spoke to the Commission no one expressed any level of opposition to
its approval and their representations had to do with clarifying issues of drainage and adjacent land
relationships.
FISCAL IMPACT:
. At build out based upon authorized uses and planned. intensity of development the following revenue
stream is estimated.
Impact Fees
1. Roads (a) Mixed Commercial (Retail/Offices/Services)
50,000 sq. ft. + 1,000 x $5,000 (averaged) = $ 250,000.00
(b) Golf Course - 200 acres x 1,066/ac. = 213,200.00
2. Fire- 50,000 sq. ft. x 0.30 = 15,000.00
3. Surcharges (a) Radon Gas = 50,000 sq. ft. x .005 = 250.00
' (b) Bldg. Code Admin. 50,000 sq. ~. x .005 = 250.00
(c) Micro film (est. 3 permits) = 4.50
4. EMS - 50,000 sq. ft. + 1,000 x $200 (averaged) . 10.000.00
TOTAL IMPACT FEES $ 488,704.50
Because impact fees vary by housing type and type of commercial development, and because this
approval does not provide this level of specificity as to the actual type of use, the total impact fees
quoted above are at best raw estimates. Additionally, it should be appreciated that there is no
guarantee that the project at build out will have maximized their authorized level of development.
In addition to the impact fees described there are building pennit review fees and utility fees associated
with connecting to th_~e.County's sewer an_d_water system. Building permit fees have traditionally off-
set the cost of administering the community development review process, whereas utility Fees are based
on their proportionate share of impact to the County system. AGENDA ITEM
AUG 0 3 1999
Impact fees are currently being reviewed to determine if adjustments are required to more accurately
reflect the impact of particular development on county provided services.
Finally additional revenue is generated by application of ad valorurn tax rates. The revenue that will
be generated by the ad valorum tax depends on the value of the improvements. At this point in time
staff has not developed a method to arrive at a reasonable estimate of tax revenue based on 'ad valorum
tax rates.
The above discussion deals with revenue streamsZ A fiscal impact analysis is incomplete without an
estimates of costs that will be generated by a particular land use development project. At this point in
time staff has not developed a model by which to estimate the costs of a particular land use
development project. Such a model in our opinion would be terribly misleading because there is no
certain way, particularly with respect to housing projects to determine their value, and likelihood that
not all of the authorized development will occur.
Nevertheless, it should be appreciated that notwithstanding fiscal impact relationships development
takes place in an environment of concurrency relationships. When Level of Service requirements fall
below their adopted standard a m~hanism is in place to bring about a cessation of building activity.
Certain LOS standards apply countywide versus roads which may have geographic concurrency
implications.
GROWTH MANAGEMENT IMPACT:
Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an
impact on the Collier County Growth Management Plan. This petition was reviewed for consistency
and was found to be consistent with all provisions of the Growth Management Plan.
Development pehnitted by the approval of this petition will be subject to a concurrency review under
the provisions of Division 3.1 of the 3.15 of the Collier County Land Development Code.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of Historical and
Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMMENDATION:
That the Board of County Commissioners approve Petition PUD-98-13, Collier Section 21 as
described by the Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan).
- AUG 0 3 1999
DATE
CURRENT PLANNING MANAGER
REVIEWED BY:
/7
nOnEasT ,t MULnERE, AmP DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY:
T~~.C~UT~ER' ~'~¢~:7" ~ ~
VINCE O, AICP,"'ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
PUD-98-13 EX SUMMARY/md
AGENDA ITEM
AUG O 3 1999
pg._ Y7Z
AGENDA ITEM 7-I
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: OCTOBER 20, 1998
RE: PETITION NO: PUD-98-13, COLLIER SECTION 21
OWNER/AGENT:
Agent: R. Bruce Anderson
Young, vanAssenderp. & Vamadoe. P.A.
801 Laurel Oak Drive, Suite 300
Naples, Florida 34108
Owner: Collier Development corporation
3003 North Tamiami Trail, Suite 400
Naples, Florida 34103
REQUESTED ACTION:
This petition seeks to repeal a certain PUD development order (i.e. Beachway (265+ acres) in favor of
a new PUD and in the process rezone an additional 5.58 acres from Rural Agricultural to "PUD"
Planned Unit Development.
GEOGRAPHIC LOCATION:
The property has frontage on three arterial/state highways, and include the N. Tamiami Trail (U.S.
41 N), 111 ~h Avenue North (Immokalee Road) and Vanderbilt Drive.
Additionally the property has frontage along Walkerb'ilt Road a local street. (See location map
following page)
PURPOSE/DESCRIPTION OF PROJECT:
The original Beachway PUD (Ordinance No. 94-45) was approved 'as a residential development
consisting of not more than 800 dwelling units. The proposed PUD is singularly for a golf course and
related golf course facilities (i.e. clubhouse, maintenance and incidental recreation an'
several acres of proposed commercial development along the North Tamiami Trail (U.S. bl Nn~' lying/,;~
AUG 0 3 1999
immediately north of the Walmart development and containing an area of 3.4 acres. A maximum
development intensity of 50,000 square feet of gross leasable floor area is proposed, however to the
extent a hotel is constructed said floor area shall be reduced by 225 square feet for every hotel unit.
Authorized uses will include all the C-3 uses plus the hotel.
SURROUNDING LAND USE AND ZONING:
Existing: The property is undeveloped except for a stormwater
management lake that serves the Walmart Center. The property
is extensively vegetated and contains an extensive wetland
system, which is reflected on the PUD Master Plan. The land is
currently zoned PUD with the rural agricultural tract lying north
of Walkerbilt Road.
The property has an irregular boundary. Essentially the
following relationships exist.
Surrounding: North- To the north of the property lies adjacent
Walkerbilt Road and the Cocohatchee River
system. On the north side of Walkerbilt Road,
property not included in the PUD is both
commercially developed (i.e. east of PUD
portion Bay House Restaurant), and developed
with two Mobile Home Parks (west of the PUD
portion).
East - Properties generally lying east of the property
includes the Walmart Site, office building (under
construction), former Kaki's Restaurant and
Lounge, Bay House Restaurant and Mobile
Home Parks.
South- Properties adjacent the south side of the PUD
include the Walmart Site, Naples Park residential
area along 111~h Avenue North, Naples Park
Elementary School, Saint John The Evangelist
Church and Vanderbilt Villas.
West - To the west of Vanderbilt Drive opposite the
western limit of the PUD lies undeveloped land,
now zoned PUD as The dunes PUD a proposed
multiple family development and the cemetery.
AGENDA ITE.~
2
AUG 0 3 1999
Pg.
""" GROWTH MANAGEMENT PLAN CONSISTENCY:
Land Use - The property is located within the Urban Residential designated area on the FLUE to the
GMP. The urban residential designated area authorizes the development of the entire range of
housing structure types as well as uses which function to support a residential environment, such as
public and quasi public uses. Golf courses and their related amenities are also authorized land uses in
the urban residentially designated area. Therefore, the proposed golf course and its accessory and
supportive functions (i.e. clubhouse, pro shop, maintenance facilities and recreational amenities) are
consistent with the FLUE to the GMP.
Regarding the commercial component of this PUD it is apparent that the property lies outside of the
north boundary of the activity center located at the N.W. quadrant of North Tamiami Trail (U.S. 41
N.) and 111m Avenue North. However, a portion of the land lying west of the Walmart Site and lying
with the subject property lies within the original activity center boundary as defined by establishing a
square with equal sides measuring 1,320 linear feet along 111th Avenue North and North Tamiami
Trail. The petitioner proposes shifting a portion of the remaining acreage (i.e. 3.4 acres) in the
_ activity center that qualifies for commercial development from the west of the Walmart Site to the
north side of the Walmart Site along the petitioners frontage on the North Tamiami Trail. This type
of spatial adjustment or enlargement of the boundaries of an activity center is authorized under the
75% rule (LU-1-30 FLUE) and is therefore consistent with the FLUE.
Staff is of the opinion that what is more important is the fact that commercial development has not
maximized the full development potential of the original activity center even with the adjustment
given the substantial reduction in otherwise allowed density and intensity of use. As the owner could
have otherwise achieved had it not been for the way it requested prior and current approvals of land
under their ownership.
The restructuring of the activity center boundary that would result from this shift from the 111th
Avenue frontage to North Tamiami Trail frontage, given its higher level of highway importance
makes more sense from a land use point of view. 111* Avenue North poses a much more
constrained opportunity for responding to traffic impacts. Staff is of the opinion that a determination
of consistency in this case is one that is less clearly defined by the FLUE, and is subject to
interpretation. In our opinion it is consistent if the BCC says it is.
Traffic Circulation Element - The ITE Trip Generation Manual indicates that the existing Beachway
PUD will generate approximately 6,384 trips per weekday. However, the proposed petition will
generate approximately 2,897 average weekday trips at build-out. This amount may be reduced once
trip adjustments are made. This represents a 55 percent reduction in the site generated trips. Based
on this data, the site generated traffic will not exceed the significance test standard (5 percent of the
LOS "C" design volume) on US-41 after trip adjustments and assignments are made. In addition, this
petition will not lower the level of service below the LOS "D" standard within the project's radius of
deizelopment influenc_c_c_c_~ (RDI). Therefore,__the project is consistent with Policy 5.1 & 5.2 of the Traffic
,.-.., Circulation Element (TCE).
AGENDA ITEM
3
AUG O 3 1999
Conservation and Open Space - Jurisdictional wetlands have been preserved and will be set aside in
perpetuity at a subsequent approval phase. Jurisdictional wetlands account for required native
vegetation preservation. Stipulations governing conservation and protected areas are covered by
provisions in the PUD document.
The open space preservation requirement of sixty (60) percent will be exceeded given the fact that
this petition is for a golf course which itself qualifies as open space.
Water, Sewer and Storm Water Management - The subject property is served by the County's sewer
and water system. The project will be designed according to LDC requirements for storm water
management. During the site development plan approval process any approved plan will be required
to be consistent with all relevant provisions of the LDC.
In the opinion of staff approval of this petition is consistent with all applicable elements of the
Growth Management Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the~.-petitioner's property is located within an area of historical and
archaeological probability or known archaeological site as designated on the official Collier County
Probability Map.
Staff has reviewed the historic and archaeological survey and assessment conducted by Southeastern
Archaeological Research, Inc. and finds that no archaeological sites or historic structures were
discovered during the survey.
The PUD document provides that in the event of accidental discovery all work shall cease and the
Collier County Code Enforcement Department shall be contacted
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development Environmental and Engineering staff, and the Transportation Services Department
staff. Staff recommendations are included in the Development commitments sections of the PUD.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective
comprehensive overview of the impact of the proposed land use change, be they positive or negative,
culminating in a staff recommendation based on that comprehensive overview. The li~ted criteria are
specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff
evaluation and comment, and shall be used as the basis for a recommendation of approval or denial
by the Planning Commission to the Board of County Commissioners. Ea__c_.h of the pot
or considerations icl_entified during the staff review' are listed under each of the criteria tote~3n.d areA
A U 3 O 3 1999
categorized as either pro or con, whichever the case may be. Staff review of each of the criterion is
followed by a summary conclusion culminating in a determination of compliance, non-compliance, or
compliance with mitigation. These evaluations are completed as separate documents and are attached
to the staff report.
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action
by appointed and elected decision makers. The evaluation by professional staff should typically
include an analysis of the petition's relationship to the community's future use plan, and whether or
not a rezoning action would be consistent with the Collier County Growth Management Plan and all
'of its related elements. Other evaluation considerations should include an assessment of adequacy of
transportation, infrastructure (i.e., sewer, water, storm drainage and private utilities) and other
infrastructure (i.e. community facilities and services) and compatibility with adjacent land uses, a
consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the
long range plan for future land uses.
Relationship to Future and Existing Land Uses - A discussion of this relationship, as it applies
specifically to Collier County's legal basis for land use planning, refers to the relationship of the
proposed zoning action to the Future Land Use Element of the Collier County Growth Management
Plan. -~
Clearly the golf course component of this petition is consistent with permitted uses authorized to
occur within the urban residential designated area. A portion of the subject land is located within an
activity center, and therefore as such qualifies for commercial land uses, however, this petition
proposes to adjust the boundaries of the activity center through provisions of the FLUE that allow
expansion of activity center boundaries.
In the opinion of staff commercial development on the North Tamiami Trail (U.S. 41N) is preferable
to commercial development on 1 l lth Avenue North. The potential to widen 111th Avenue North
beyond four (4) l_anes is not possible without incurring substantial costs. On the other hand the six (6)
laning of the North Tamiami Trail (U.S. 41 N.) is a committed improvement project (i.e. year 2000).
Additionally it is staffs opinion that the limited area lying north of the Walmart Site in this PUD that
is not intended for use as part of the golf course system has little value for housing. The impact of the
highway and surrounding commercial development makes this limited area of land undesirable for
residential uses.
With respect to the issue of compatibility, it is staffs opinion that the use of land as a golf course, and
the commercial frontage on the North Tamiami Trail are clearly compatible-with adjacent land uses.
However, the tract of land (i.e. 5 acres more or less) lying north of Walkerbilt Road lies between a
restaurant (Bay House) and mobile home development. Should this property be used as a golf
maintenance facility it may have a negative visual impact on adjacent properties unless extensively
screened from these properties.
To achieve that event a solid wall should be constructed within ten (10) feet of the east and west
property lines with the outer ten ( 1 O) feet landscaped with mature canopy ixees to visual mpailiclCat~x-~
0 3 1999
PI.,
from elevated floor levels on adjacent property. The frontage along Walkerbilt Road should be
vegetated to achieve a 100 percent opacity screen except for required driveways.
Commercial development along the North Tamiami Trail (U.S. 41 N.) presents no compatibility
issues.
Traffic - Analysis for consistency with TCE policies advised that this project will not have a
significant impact as measured by TCE policies and, is therefore, technically consistent with the
GMP.
Clearly the traffic analysis indicates that the 5% of LOS "C" standard, nor Radius of Development
impact standard on LOS is adversely affected. The trips generated by the proposed PUD are
approximately 55% less than allowed by the current PUD (Beachway). All traffic entering and
exiting the Section 21 PUD will be limited to driveways located on the North Tamiami Trail (U.S. 41
N.), except for access to the Walkerbilt Drive site, and golf course maintenance drives off of l llth
Avenue North and Vanderbilt Drive.
Interconnectivily to adjacent land has nO practical value, inasmuch as this is singularly a golf course
where adjacent relationships have no importance for facilitating access to commercial activities. The
one exception is the relationship of the commercial tract to the Walmart Site. No provision was made
for the Walmart Site to provide an access easement to its north property line. Without such an access
easement it is impossible to bring about an interconnection with the proposed commercial tract.
Nevertheless, an interconnection of some type even if limited to pedestrians will be beneficial
particularly in the event a hotel locates on this property.
Utility Infrastructure (i.e. Sewer, Water, Storm Water - Development occurring at this property will
be connected to the County's sewer and water distribution system. evidence which further attests to
the timeliness of development of property. All development must comply with surface water
management requirements invoked at the time of subdividing or approval of SDP's whichever first
OCCURS.
Community Services Support Facilities - Fire, police and other emergency services can be readily
provided from the appropriate provider jurisdiction. The North Naples Fire District has submitted an
application for Site Development Plan approval for a site recently rezoned to accommodate at fire
station east of Goodlette-Frank Road. Another North Naples Fire District fire station is located on
Vanderbilt Drive at 9m Street approximately two (2) miles north of the subject property.
Master Plan and PUD Development Standards:
Master Plan - On all exposures except-the North Tamiami T_r_ail (U.S. 41 N.) frontage projects a golf
course view. Th~:~lubhouse site i~'not within view of adjacent property. Access to the Clubhouse
and related activities area is from the North Tamiami Trail (U.S. 41 N.). Other access points are
limited to golf course maintenance purposes.
PUD Regulations/Development Standards - The PUD regulations primarily have ,elevance for
commercial development. Commercial development standards will allow building h~ ;Fu
(50) feet. Setbacks from the North Tamiami Trail require a minimum of thirty (30) fee' ~o.
6
AUG 0 3 1999
pg.
feet for each additional story. so that a five (5) story building would be set back a distance of fifty (50)
feet. Commercial development will have to comply with LDC architectural requirements.
STAFF RECOMMENDATION:
That the Collier County Planning Commission recommend approval of Petition PUD-98-13 as
described by the Ordinance of Adoption and Exhibits thereto (i.e. PUD Document and Master Plan.
NALD F:'Nil~b,'AICP DATE
CURRENT PLANNING MANAGER
REVIEWED BY:
//7z/~.~4_..._` . ;/',' - Zd ~' ~
ROBE'RT . MUL'H"EIt X'X, AIC ""' - DATE
VINCENT A. CAUTERO, AICP, ADMINIST~TOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition Number PUD-98-13
Staff Report for the November 5, 1998 CCPC meeting.
COLLIER COUNTY PLA ING COMMISSION:
PUD-98-13 STAFF REPORT/md
._'2 ·
AGENDA ITEM
AUS O 3 1999
FINDINGS FOR PUD
PUD-98-13, COLLIER SECTION 21
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the !and, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Pro: (i) Public utilities and highways are in place to support the planned uses of the land
(ii) Physical characteristics of adjacent land as represented by their use are
clearly compatible with the planned use.
Con: None.
t
Finding: Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property. DevelolSment conditions contained in the
PUD document give assurance that all infrastructure will be developed and be consistent
with County regulations. Any inadequacies which require supplementing the PUD
document will be recommended to the Board of County Commissioners as conditions of
approval by staff. Recommended mitigation measures will assure compliance with Level
of Service relationships as prescribed by the Growth Management Plan.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly
- as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Pro/Con: Evaluation not applicable.'
Finding: Documents submitted with the application provide evidence of unified control.
The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and polici_es of the Growth Management Plan.
Pro: (i) ~ development strategy described by the PUD is structured to be consistent
with all applicable goals, objectives and policies of the GI~ P.
AGENDA ITEM
Con: (i) None.
AU3 0 3 1999
Restaurant), and developed with two
Mobile Home Parks (west of the PUD
portion
East - Propertles generally lying east of
the property includes the Walmart
Site, office building (under
construction) , former Kaki' s
Restaurant and Lounge, Bay House
Restaurant and Mobile Home Parks.
South- Properties adjacent the south side
of the PUD include the Walmart
Site, Naples Park residential area
along 111th Avenue North, Naples
Park Elementary School, Saint John
The Evange 1 i s t Church and
Vanderbilt Villas.
,
t
West - To the west of Vanderbilt Drive
opposite the -western limit of the
PUD lies undeveloped land, now
zoned PUD as The dunes PUD a
proposed multiple family
development and the cemetery.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
._ Pro/Con: Evaluation not applicable.
Summary_ Findings: The parcel is of a sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts because development of the land simply
implements a part of the GMP FLUE Urban Designation, an action which is expected
given that timing is appropriate. Availability of adequate infrastructure, nearby urban
development, support the timing relationship and justify revisiting the PUD and
amending its development strategy.
4. Whether existing district boundaries are iilogically drawn in relation to existing
conditions on the property proposed for change.
_ Pro/Con: Evaluation not applicable.
Summary Findings: The district boundaries are logically drawn and in pan
predetermined by the FLUE to the GMP. AGE. NDA ITEM
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed zoning change is appropriate based on the existing
conditions of the property and because its relationship to the FLUE (Future Land Use
Element of the GMP) is a positive one.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: (i) Contiguous relationships from a golf course clearly makes for a
compatible relationship.
(ii) The commercial component is located on the N. Tamiami Trail and lies
adjacent and opposite existing commercial development clearly
establishing a consistent relationship.
Con: (i) None.
Summary Findings: The proposed change will not adversely influence living
conditions in the neighborhood because the recommended development standards and
other conditions for approval have been promulgated and designed to ensure the least
amount of adverse impact on adjacent and nearby developments. The only contiguous
residential development lies adjacent to the proposed golf course.
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding !and uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safer'.
Pro: (i) All ingress and egress to the propert).' is via a major arterial divided
highways (i.e.U.S. 41N) which provide for best management practices
relative to turn lanes.
(ii) No traffic level of service will be abridged by this approval which is the
principal criteria for evaluating traffic impacts.
Con: (i) None.
Summary Findings: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent.
a statement advising that this project when developed will not excessively crease traffic
congestion. Additionally certain traffic management system improvemen are
- 3 AUG O 3 1999
Pi-
as a condition of approval (i.e. turn lanes, traffic signals, dedications. etc.). In the final
analysis all projects are subject to the Concurrency Management system.
8. Whether the proposed change will create a drainage problem;
Pro: (i) The project design for storm water management will be designed in
accordance with Collier County requirements and the rules and regulations
of the South Florida Water Management District.
Con: (i) None.
Summary 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 as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval. in the event area wide deficiencies
develop, which deficiencies would be further exacerbated by developing vacant land, the
County is required to reat~t through its Concurrency Management system.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro/Con: Evaluation not applicable.
SummaD' 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
penetra_tion 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: (i) Typically urban intensification increases the value of contiguous
underutilized land. Other orientations deal with similar land use, and
therefore should have no detrimental effect on land value.
Con: (i) None.
Summary Findinffs: This is a subjective determination based upon anticipated results
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation ma / or mav not
AGENDA ITEIvl
affect value.
· -- -
_ 4 AUG 0 3 1999
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.
Summary Findings'.' The basic premise underlying all of the development standards in
the zoning division of the Land Development Code is that their sound application when
combined with the administrative site development plan approval procesS, gives
reasonable assurance that a change in zoning will not result in a deterfence to
improvement or development of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development complies with the Growth management
Plan, a public policy statement supporting Zoning actions when they are consistent with
said Comprehensive Plan. In light of this fact the proposed chahge does not constitute a
grant of special privilege. Consistency with the FLUE is further determined to be a
public welfare relationship because ~actions consistent with plans are in the public interest.
13, Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary_ Findings: The subject property is zoned PUD and Rural Agricultural. The
revision serves to allow the petitioner to change their PUD strategies to more readily
marketable development of the property.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County'
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development complies with the Growth
Management Plan, a policy statement which has evaluated the scale, density and intensity
of lan~du. ses deemed to b~ acceptable for this siter -
15. Whetheris it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
AGENDA ITEM
s AUG 0 3 1999
Pg. ,,,//:~'
---- Summary_ Findings: This site in part is zoned "PUD" Planned Unit Development.
Whether or not there are other similarly zoned residential areas is irrelevant. To deny
rezoning would be to deny the property owner the right to use the land in a manner
consistent with the GMP. As far as the PUD is concerned the development as a golf
course represents a large decrease to intensity of land uses now allowed.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
Summary Findings: The site will be altered to the extent necessary to execute the
development strategy.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicablE.
Summan Findings: Staff reviews for adequacy of public services and levels of service
determined that required infrastructure meets with GMP established relationships.
NOTE:
GMP as used herein means the Collier County Growth Management Plan.
FLUE means the Future Land Use Element of the GMP.
PUD-98-13 REZONE FINDINGS/md
FINDINGS FOR PUD
PUD-98-13, COLLIER SECTION 21
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Pro: (i) Public utilities and highways are in place to support the planned uses of the land
(ii) Physical characteristics of adjacent land as represented by their use are
clearly compatible with the planned use.
Con: None.
,
Finding: Jurisdictional reviews by County staff support the manner and pattern of
development proposed for the subject property. Development conditions contained in the
PUD document give assurance that all infrastructure will be developed and be consistent
with County regulations. Any inadequacies which require supplementing the PUD
document will be recommended to the Board of County Commissioners as conditions of
approval by staff. Recommended mitigation measures will assure compliance with Level
of Service relationships as prescribed by the Growth Management Plan.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Pro/Con: Evaluation not applicable. -
Finding: Documents submitted with the application provide evidence of unified control.
The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan.
PrO: (i) th_.~e development strat_egy described by the PUD is structured to be consistent
with all applicable goals, objectives and policies of the GMP.
AGENDA ITEM
=
Con: (i) None.
EiaajagAThe subject petition has been found consistent with the goals, objectives and
policies of the Growth Management Plan. A more detailed description of this conformity
is addressed in the Staff Report.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Pro: (i) Land uses are compatible with adjacent properties.
(ii) PUD development standards acknowledge the applicability of LDC
requirements which are aimed at achieving internal and external
compatibility.
Con: (i) None.
The PUD Master Plan has been designed to optimize internal land use
relationship through the use of various forms of open space separation. External
relationships 'are automatically regulated by the Land. Development Code to assure
harmonious relationships between projects.
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 greater then 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.
Einaj. l~Timing or sequence of development in light of concurrency requirements is not
a significant problem. See finding No. 1, also applicable for this finding.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
' Pro/Con:_.~ Evaluation not, applicable.
AGENDA ITEM
AUG O 3 1999
2
Finding: Ability, as applied in this context, implies supporting infrastructure such as
wastewater disposal system, potable water supplies, characteristics of the property
relative to hazards, and capacity of roads, is supportive of conditions emanating from
urban development. This assessment is described at length in the staff report adopted by
the CCPC. Relative to this petition, development of the subject property is timely,
because supporting infrastructure is available.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro/CQn; Evaluation not applicable.
Finding; This finding essentially requires an evaluation of the extent to which
development standards proposed for this PUD depart from development standards that
would be required for the most similar conventional zoning district. The development
standards in this PUD are similar to those standards used for particular housing structures
and associated area requillments.
FINDINGS FOR PUD-9 8-13/md
AC~:]NN~)A
AUG 0 3 1999
REZONE FINDINGS
PETITION PUD-98-13, COLLIER SECTION 21
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County ~Commissioners shall
show that the Planning Commission has studied and considered the proposed change in' relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use map and the elements of the Growth Management
Plan.
Pro/Con: Evaluation not applicable.
Summary_ Findings: The proposed development is in compliance with the Future land
Use Element of the Growth Management Plan for Collier County and all other elements,
their objectives and policies.
Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses
this same finding.
2. The existing !and use pattern;
Pro/CoB; Evaluation not applicable.
Existing: The property is undeveloped except for a stormwater management
lake that serves the Walmart Center. The property is extensively
vegetated and contains an extensive wetland system, which is
' reflected on the PUD Master Plan. The land is currently zoned
PUD with the rural agricultural tract lying north of Walkerbilt
Road.
The property has an irregular boundary. Essentially the following
relationships exist.
Surrounding: North - To the north of the property lies adjacent Walkerbilt
Road and the Cocohatchee River system. On the
north side of Walkerbilt Road, property not
included in the PUD is both Commercially
developed (i.e. east of PUD portion Bay House
Restaurant), and developed with two Mobile Home
Parks (west of the PUD portion).
.... AGENDA ITEM
Pg.
East - Properties generally lying east of the property
includes the Walmart Site, office building (under
construction), former Kaki' s Restaurant and
Lounge, Bay House Restaurant and Mobile Home
Parks.
South- Properties adjacent the south side of the PUD
include the Walmart Site, Naples Park residential
area along 111th Avenue North, Naples Park
Elementary School, Saint John The Evangelist
Church and Vanderbilt Villas.
West- To the west of Vanderbilt Drive opposite the
westem limit of the PUD lies undeveloped land,
now zoned PUD as The dunes PUD a proposed
multiple family development and the cemetery.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro/Con: Evaluation not applicable.
Summary_ Findings: The parcel is of a sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts because development of the land simply
- implements a part of the GMP FLUE Urban Designation, an action which is expected
given that timing is appropriate. Availability of adequate infrastructure, nearby urban
development, support the timing relationship and justify revisiting the PUD and
amending its development strategy.
4. Whether existing district boundaries are illogica!iy drawn in relation to existing
conditions on the property proposed for change.
Pro/Con: Evaluation not applicable.
Summary_ Findings: The district boundaries are logically drawn and in part
predetermined by the FLUE to the GMP.
5. Whether changed or changing condition'i 'make the passage of the proposed
amendment necessary.
Pro/Con; Evaluation not applicable.
Summary Findings: The proposed zoning change iS appropriate based on the existing
conditions of the property and because its relationship to the FLUE (Future Land Use
Element of the GMP) is a positive one. AGENDA ITEM
2 AUG 0 3 19 9
P~-
6. Whether the proposed change will adversely influence living conditions in the
"' neighborhood;
Pro: (i) Contiguous relationships from a golf course clearly makes for a
compatible relationship.
(ii) The commercial component is located on the N. Tamiami Trail and lies
adjacent and opposite existing commercial development clearly
establishing a consistent relationship.
Con: (i) None.
Summary_ Findings; The proposed change will not adversely influence living
conditions in the neighborhood because the recommended development standards and
other conditions for approval have been promulgated and designed to ensure the least
amount of adverse impact on adjacent and nearby developments. The only contiguous
residential development lies adjacent to the proposed golf course.
~7. Whether the proposed change will create or e~cessively 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; (i) All ingress and egress to the property is via a major arterial divided
highways (i.e.U.S. 41N) which provide for best management practices
relative to turn lanes.
(ii) No traffic level of service will be abridged by this approval which is the
principal criteria for evaluating traffic impacts.
Con; (i) None.
Summary_ Findings: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent,
a statement advising that this project when developed will not excessively increase traffic
congestion. Additionally certain traffic management system improvements are required
as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final
analysis all projects are subject to the Concurrcicy Management system.
\
8. Whether the proposed change will create a drainage problem;
Pro: (i) The project design for storm water management will be designed in
/_. accordance with Collier County requirements and the rules and regulations
of the South Florida Water Management District. AGENDA IT'EId
AUG 0 3 1999
Con; (i) None.
Summary_ 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 as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval. In the event area wide deficiencies
develop, which deficiencies would be further exacerbated by developing vacant land, the
County is required to react through its Concurrency Management system.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro/Con: Evaluation not applicable.
Summary_ 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: (i) Typically urban intensification increases the value of contiguous
underutilized land. Other orientations deal with similar land use, and
therefore should have no detrimental effect on land value.
Con: (i) None.
~;ummary Findings: This is a subjective determination based upon anticipated results
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation may or may not
affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summarv.~Findings: The basic premise underlying all of the development standards in
the zoning division of the Land Development Code is that their sound application when
combined with the administrative site development plan approval pr, ~"~°~,A~th~i/5tt~rD~
4 AUG O 3 1999
reasonable assurance that a change in zoning will not result in a deterrence to
improvement or development of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
pro/Con: Evaluation not applicable.
Summary_ Findings: The proposed development complies with the Growth management
Plan, a public policy statement supporting Zoning actions when they are consistent with
said Comprehensive Plan. In light of this fact the proposed change does not constitute a
grant of special privilege. Consistency with the FLUE is further determined to be a
public welfare relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Shinmary Findings: 'The subject property is zoned PUD and Rural Agricultural. The
revision serves to allow the petitioner to change their PUD strategies to more readily
marketable development of the property.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County'
Pro/Con: Evaluation not applicable.
Summary_ Findings: The proposed development complies with the Growth
Management Plan, a policy statement which has evaluated the scale, density and intensity
of land uses deemed to be acceptable for this site.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
Summary. Findings: This site in part is zoned "PUD" Planned Unit Development.
Whether or not there are other similarly zoned residential areas is irrelevant. To deny
rezoning would be to deny the property owner the right to use the land in a manner
consistent with the GMP. As far as the PUD is concerned the development as a golf
course represents a large decrease to intensity of land uses now allowed.
AGENDA ITEM
No.
5 AUG 0 3 1999
Pg. ,-,~
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
Summary_ Findings: The site will be altered to the extent necessary to execute the
development strategy.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summary Findings: Staff reviews for adequacy of public services and levels of service
determined that required infrastructure meets with GMP established relationships.
NOTE:
GMP as used herein means the Collier County Growth Management Plan.
FLUE means the Future Land Use Element of the GMP.
PUD-98-13 REZONE FINDINGS/md
AGENDA ITEM
....
AUG; 0 3
PETITION NUMBER DATE
FOR
STANDA~ ~ZONE AND CONDITIONAL USE ~QUEST~UG ~ 9
PLA~ED ~IT DEVELOPMENT ~QUESTS
COMM~ITY DEVELOPMENT AND ENVIRONMENTAL SERVIC~~~C~
CU~NT PLA~G
1. N~e of Applic~t(s) Collier Development Coloration
Applicant's Mailing Address 3003 Noah T~iami Trail, Suite 400
Ci~ Naples State Florida Zip 341
Applic~t's Telephone Nmber: Bus.: 941/261-4455 Fax.: 941/26S-4437
Is the applic~t the o~er of the subject prope~? X Yes No
__ (a) If applic~t is a l~d t~st, so indicate and n~e beneficiaries below.
*X (b) If applic~t is coloration other than a public coloration, so indicate ~d name officers ~d major
stoc~olders below.
If applicant is a p~nership, limited partnership or other business enti~, so indicate and name
principals below.
~ (d) Ifapplic~t is ~ o~er, indicate exactly as recorded, ~d list all other o~ers, if~.
(e) Ifapplic~t is a lessee, a~ch cop~ of lease, ~d indicate actual o~ers if not indicated on the lease.
If applic~t is a contract purchaser, a~ach cop~ of contract, and indicate actual o~er(s) name
address below.
- *See A~ached list of officers ~d shoeholders and copy of deed.
(If space is inadequate, a~ach on separate page.)
2. N~e of Agent George L. Vamadoe, Esq. Fi~ Young, van Assende~ ~ Vamadoe, P.A.
Agent's Mailing Address 801 La~el O~ Drive, Suite 300
Ci~ Naples State Florida Zip 34108
Agent's Telephone Number: Bus.: 941/597-2814 Fax.: 941/597-1060
$. DETAILED LEG~ DESC~PTION OF THE PROPERTY COVE~D BY THE APPLICATION (If space
is inadequate, a~ch on septate page. If request involves ch~ge to more th~ one zoning district, include
separate legal description for prope~y involved in each district. If prope~ is odd-shaped, submit fo~ (4)
copies of su~ey (1, to 400' scale).
AGE~A
/
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF
QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION. AN ENGINEER'S CERTIFICATION
SHALL BE REQUIRED.
SECTION 21 TOWNSHIP 48 South RANGE 25 East
See attached Exhibit, legal description.
4. Size of property 4-5280 ft. X 4-2500 ft. Acres ±267.44
5. Address or location of subject property Is between U.S. 41 on the eastern border and Vand. erbilt Drive on
the western border, lying north of 111'h Avenue, and south of the Cocohatchee River.
6. Existing land elevation: 0 - 10 feet County Flood Criteria Elevation: 12 feet
7. a. Date subject property acquired (X) or leased ( ):. 15th day of October ,19 53.
Term of lease yrs./mos.
b. If, Petitioner has option to buy, indicate date of option: ; and date
option terminates:
8. 'Does property owner own contiguous property to the subject property? Ifsq, give complete legal description
of entire contiguous property. (If space is inadequate, attach on separate page). Yes, in addition to portions
of the Collier Tract 22 Planned Unit Develgpment across U.S. 41, a 5.58 acre parcel is under the same
ownership as described on the attached listing of corporate officers and shareholders.
9. THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition you are requestins.
X A. REZONING: PRESENT ZONING PUD & Agricultural REQUESTED ZONING PUD
FOR Golf course and commercial
B. PROVISIONAL USE OF ZONING FOR
10. REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary):
This petition proposes a decrease in density, intensi_ty and resultant impacts from the 800 dwelling units authorized
in the existing PUD to no dwelling units. Additionally, the number of acres eligible for Activity Center commercial
zoning has been reduced from 4-13.3 to ±3.4 acres and has been reconfigured and moved from 111 ,h Avenue to front
on U.S. 41 adiacent to developed commercial zoning on two sides.
11. IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? YES X NO
IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS.
12. IS THIS REQUEST A RESULT OEA VIOLATION? No IF SO, TO WHOM WAS THE NOTICE
SERVED?. ~* '
13: HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO,
IN WHOSE NAME? No
14. ARE THERE EXISTING STRUCTURES ON THE PROPERTY? ' No
TYPE: CBS , FRAME , MOBILE HOME OTHER
AGENDA ITEM
p¢._~,-'~? ._ ·
AFFIDAVIT
--- I, Jeffrey M. Birr being first duly swom, depose and say that I am Vice-President of Collier
velopment Corporation, the owner of the property described herein and which is the subject matter of the
Froposed hearing; that all the answers to the questions in this application, and all sketches, data, and other
supplementary matter attached to and made a part of this application, are honest and true to the best of my
knowledge and belief. I understand this application must be completed and accurate before a hearing can be
advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition.
COLLIER DEVELOPMENT CORPORATION
irr, Vice President
YOUNG, van ASSENDERP & VARNADOE
--~'X George [. Varnadoe
State of Florida
County of Collier
· · · , who is personally known to me or v.,. ......
............... as*idenfifieatio, and who did (did not) take an oath.
.I
(Signature of Notary Public)
. (Print Name of Notary Public)
.:_ NOTARY PUBLIC Serial/Commission #
My Commission Expires:-
G:\USERSXLANA\WpS\SECTION.21hRF_ZONE.APpwlxI(4/17/98)
AGENDA ITEM
3 AUG 0 3 1999
Pg. ,, ~"~__)
COVENANT OF UNIFIED CONTROL
I do hereby swear and affirm that I, Terry L. Flora as Vice President of Collier -
Development Corporation, 3003 Tamiami Trail North, Naples, Florida 34103, have full
power and authority to represent and bind all legal and equitable owners of the property
that is the subject of a rezone on the property hereinafter described: Collier Tract 21.
I understand that all terms and conditions of the rezone are binding on all owners and
owners' heirs, successors and assigns.
Signa~e~.'
-- '~RRy L. FLO,~A---
Printed Name:
STATE OF FLORIDA
COUNTY OF COLLIER
The for_~e oing instrument was acknowledged before me this/47'//day of August, 1998
by /F_4e/~ L. Ft.~R,A- who is personally knowr~ ~ ~m or has produced
as identification and who did (did not.) take an oath.
---., tate of Florida
--- ' ....~"""" PRINTED NAME:
\
._ PUDg8-18"i
AGENDA ITE. k
AUG 0 3 1999
1 ORDINANCE NO. 99-
2
3
4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
5 COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
6 INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
7 THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
S BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
9 8521N AND 8521S; BY CHANGING THE ZONING
10 CLASSIFICATION OF THE HEREIN DESCRIBED REAL
11 PROPERTY FROM "A" RURAL AGRICULTURE TO "PUD" AND
12 "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
13 COLLIER TRACT 21, FORMERLY BEACHWAY PUD, FOR A
14 GOLF COURSE AND ACCESSORY AND INCIDENTAL
15 FACILITIES INCLUDING A CLUBHOUSE, 50,000 SQUARE
16 FEET OF C-3 COMMERCIAL USES AND/OR A HOTEL ON
17 PROPERTY LOCATED BETWEEN U.S. 41 ON THE EAST AND
18 VANDERBILT DRIVE ON THE WEST, LYING NORTH OF 111mH
19 AVENUE AND SOUTH OF THE COCOHATCHEE RIVER, IN
20 SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
21 COLLIER COUNTY, FLORIDA, CONSISTING OF 267.44+
22 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE
23 NUMBER 90-45; AND BY PROVIDING AN EFFECTIVE DATE.
24
25 WHEREAS, R. Bruce Anderson of Young, van Assenderp &
f 26 VarnadOe, P.A., representing Collier Development Corporation,
27" petitioned the Board of County Commissioners to change the zoning
28 classification of the herein described real property;
29 NOW, THEREFORE BE IT ORDAINED by the Board of County
30 Commissioners of Collier County, Florida:
31 SECTION ONE:
32 The zoning ciassificaLion of the herein described real
33 property located in Section 21, Township 48 South, Range 25 East,
34 Collier County, Florida, is changed from "A" Rural Agriculture to
35 "PUD" and "PUD" to "PUD" Planned Unit Development in accordance
36 with the Collier Tract 21, formerly Beachway PUD Document,
37 atLached hereLo as Exhibit "A" and incorporaEed by reference
38 herein. The Official Zoning Atlas Map Number 8521N and 8521S, as
39 described in Ordinance Number 91-102, the Collier County Land
40 Development Code, are hereby amended accordingly.
41 SECTION TWO:
42 Ordinance Number 90-45, known as Beachway adopted on June 5,
43 1990 by the Board of County Commissioners of Collier County, is
44 hereby repealed in its entirety.
~' 45
4 6 AGENDA ITEM
AU8 0 3 1999
-1-
1 SECTION THREE:
2 This Ordinance shall become effective upon filing with the
3 Department of State.
4 PASSED AND DULY ADOPTED by the Board of County Commissioners
5 of Collier County, Florida, this day of ,
6 1999.
7
S BOARD OF COUNTY COMMISSIONERS
9 COLLIER COUNTY, FLORIDA
10
11
12 ATTEST:
13 BY:
14 PAMELA S. MAC' KIE, CHAIRWOMAN
15 DWIGHT E. BROCK, Clerk
16
17
18
19 Approved as to Form
20 and Legal Sufficiency
21
22
23 4 ..
24 Marj orie' M. Student
25 Assistant County Attorney
26
27 PUD-98-13 ORDIN~CE/
28
29
AGENDA
- AUG 0 3 1999
-2-
Pl-__~.-~--
,----- REZONE FINDINGS
PETITION PUD-98-13, COLLIER SECTION 21
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use map and the elements of the Growth Management
Plan.
Pro/Con: Evaluation not applicable.
Summary Findings: The proposed development is in compliance with the Future land
Use Element of the Growth Management Plan for Collier County and all other elements.
their objectives and policies.
Companion PUD Findings evaluation as well as the adopted CCPC staff report addresses
this same finding.
2. The existing land use pattern;
Pro/Con: Evaluation not applicable.
Existing: The property is undeveloped except for a
stormwater management lake that serves the
, Walmart Center. The property is extensively
vegetated and contains an extensive wetland
system, which is reflected on the PUD Master
Plan. The land is currently zoned PUD with
the rural agricultural tract lying north of
Walkerbilt Road.
The property has an irregular boundary.
Essentially the following relationships
exist.
Surrounding: North - To the north of the property lies
adjacent Walkerbilt Road. and the
Cocohatchee River system. On the
north side of Walkerbilt Road,
property not included in tn~ prm i~
both commercialiy-..--develo ed, , ,
- " east of PUD portl%'n B ly
Finding:The subject petition has been found consistent with the goals, objectives and
policies of the Growth Management Plan. A more detailed description of this conformity
is addressed in the Staff Report.
4. The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Pro: (i) Land uses are compatible with adjacent properties.
(ii) PUD development standards acknowledge the applicability of LDC
requirements which are aimed at achieving internal and external
compatibility.
Con: (i) None.
Finding:The PUD Master Plan has been designed to optimize internal land use
relationship through the use of various forms-of open space separation. External
relationships are automatically regulated by the Land Development Code to assure
harmonious relationships between pi'ojects.
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 greater then 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 concurrency requirements is not
a significant problem. See finding No. 1, also_a_pplicable for this finding.
7. The a~i~lity of the subject property, and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable.
Finding,: Ability, as applied in this context, implies supporting infrastructure such as
wastewater disposal system, potable water supplies, characteristics of tl ~ r6f~8~.l~.'
relative to hazards, and capacity of roads, is supportive of conditions emm atiPn~°~
P U3 O 3 1999
P~.
,._. urban development. This assessment is described at length in the staff report adopted by
the CCPC. Relative to this petition, development of the subject property is timely,
because supporting infrastructure is available.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro/Con: Evaluation not applicable.
Findine: This finding essentially requires an evaluation of the extent to which
development standards proposed for this PUD depart from development standards that
would be required for the most similar conventional zoning district. The development
standards in this PUD are similar to those standards used for particular housing structures
and associated area requirements.
:
FINDINGS FOR PUD-98-13/md
AGENDA IIEM
~.~,,f_Z,Z- ...
AUG 0 3 1999
COLLIER TRACT 2 1
A PLANNED UNIT DEVELOPMENT
PREPARED BY:
YOLFNG, VAN ASSENDERP & VARNADOE, P.A.
801 LAUREL OAK DRIVE, SUITE 300
NAPLES, FLORIDA 34108
November 5, 1998
DATE FILED:
DATE REVISED:
DATE REVIEWED BY CCPC:
DATE APPROVED BY BCC:
ORDINANCE NUMBER:
AGENOA IT
,.
AUS O 3 1999
!.~. Pg' ,, '~/~' ..
,,-, TABLE OF CONTENTS
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III COMMERCIAL
SECTION IV GOLF COURSE AND LAKES
SECTION V RESERVE
SECTION VI GENERAL DEVELOPMENT COMMITMENTS
EXHIBIT ,'A" PUD MASTER PLAN
t
t
AGENDA ITEM
AUG {3 3 1999
SECTION I
PROPERTY OVCNERSHIP 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 Collier Tract 21 Planned Unit Development.
1.2 LEGAL DESCRIPTION
PARCEL NO. 1
A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTH. RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE
PARTICULARLY DESCRIBgD AS FOLLOWS: '
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE
NORTH 89°50'30" WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST
QUARTER (SE1/4) OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 00009'30'' EAST FOR A DISTANCE OF
100.00 FEET TO AN INTERSECTION WITH A LINE 100.00 FEET NORTHERLY OF AND
PARALLEL WITH THE SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER
(SE1/4) OF SECTION 21; THENCE NORTH 89°50'30" WEST ALONG SAID PARALLEL
LINE FOR A DISTANCE OF 401.04 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DIiSCRIBED PARCEL NO. 1;
THENCE NORTH 89°50'30'' WEST CONTINUING ALONG SAID PARALLEL LINE FOR A
DISTANCE OF 1260.82 FEET TO AN INTERSECTION WITH A LINE 30.00 FEET
EASTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF THE SOUTHWEST
QUARTER (SW1/4) OF SAID SECTION 21;
THENCE NORTH 01°32'2Y' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
440.86 FEET;
THENCE LEAVING SAID PARALLEL LINE SOUTH 88°27'37" WEST FOR A DISTANCE
OF 30.00 FEET TO AN INTERSECTION WITH THE SAID EASTERLY LINE OF THE
SOUTHWEST QUARTER (SW1/4) OF SECTION 21;
THENCE NORTH 01°32'23'' WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF
890.00 FEET;
THENCE LEAVING SAID EASTERLY LINE NORTH 89°51 '48" WEST ALONG A LINE
PARALLEL WITH THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF
SECTION 21 FOR A DISTANCE OF 1350.98 FEET TO AN INTERSECTION WITH THE
.... AGENDA ITLi~t
- - - - x
_ AUG 0 3 1999
J?
------ EASTERLY LINE OF THE WEST ONE-HALF (WI/2) OF THE SAID SOUTHWEST
QUARTER (SW1/4) OF SECTION 21 ~
THENCE NORTH 01 °52'47" WEST ALONG SAID EASTERLY LINE FOR A DISTANCE OF
621.76 FEET TO AN INTERSECTION WITH A LINE 399.71 FEET NORTHERLY OF AND
PARALLEL WITH THE SOUTHERLY LINE OF THE NORTH ONE-HALF (N 1/2) OF THE
SOUTH ONE-HALF (S 1/2) OF THE NORTHWEST QUARTER (NWI/4) OF THE
SOUTHWEST QUARTER (SW1/4) OF SAID SECTION 21;
THENCE SOUTH 89°57'13" WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
1304.52 FEET TO AN INTERSECTION WITH A LINE 50.00 FEET EASTERLY OF AND
PARALLEL WITH THE WESTERLY LINE OF SAID SECTION 21, SAID LINE BEING THE
EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD C-901;
THENCE NORTH 02°13'17'' WEST ALONG SAID RIGHT-OF-WAY LINE FOR A
DISTANCE OF 1473.46 FEET TO AN INTERSECTION WITH A LINE 1752.45 FEET
SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID SECTION
21;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY LINE NORTH 89°33'45'' EAST
ALONG SAID PARALLEL LINE FOR A DISTANCE OF 1588.50 FEET TO AN
INTERSECTION WITH THE SOUTHERLY LINE OF BULKHEAD LINE NO. 2 AS
RECORDED IN PLAT BOOI~7, PAGE 16 OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA;
THENCE SOUTH 20°30'21" EAST ALONG SAID LINE FOR A DISTANCE OF 37.72 FEET
---.. TO A POINT OF CURVATURE;
THENCE SOUTHERLY, SOUTHEASTERLY, EASTERLY, NORTHEASTERLY AND
NORTHERLY CONTINUING ALONG SAID LINE AND ALONG SAID CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF
157°43'50" FOR AN ARC DISTANCE OF 1101.17 FEET TO A POINT OF REVERSE
CURVATURE;
THENCE NORTHERLY, NORTHEASTERLY, EASTERLY, AND SOUTHEASTERLY
CONTINUING ALONG SAID LINE AND ALONG SAID CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 500.00 FEET, A CENTRAL ANGLE OF
124°16'03'' FOR AN ARC DISTANCE OF 1094.44 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 53°58'08'' EAST FOR A DISTANCE OF 505.81 FEET TO AN
INTERSECTION WITH THE WESTERLY LINE OF LANDS DESCRIBED IN OFFICIAL
RECORD BOOK 1355, PAGE 1011, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA;
THENCE SOUTH 00°39'10'' EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF
I066.03 FEET TO THE SOUTHWEST CORNER OF SAID LANDS;
THENCE NORTH 89°20'50'' EAST ALONG THE SOUTHERLY LINE OF SAID LANDS
FOR A DISTANCE OF 50.00 FEET TO AN INTERSECTION WITH THE WESTERLY LINE
OF WALKERBILT ROAD AS DESCRIBED IN DEED BOOK 33, PAGE 279, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;
THENCE SOUTH 00°39'10'' EAST ALONG SAID WESTERLY LINE FOR A DISTANCE OF
60.00 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID
""' WALKERBILT ROAD;
~ AGENDA ITEM
-- - ~ 2 ..... ~z~---d
- AUG 0 3 1999
THENCE NORTH 89°20'50'' EAST ALONG SAID SOUTHERLY LINE FOR A DISTANCE
OF 600.21 FEET;
THENCE NORTH 89°21'48'' EAST CONTINUING ALONG SAID SOUTHERLY LINE FOR
A DISTANCE OF 731.07 FEET TO THE NORTHWEST CORNER OF LANDS DESCRIBED
IN OFFICIAL RECORD BOOK 1219, PAGE 1672. PUBLIC RECORDS OF COLLIER
COLrNTY, FLORIDA;
THENCE SOUTH 00°4Y07" EAST ALONG THE WESTERLY LINE OF SAID LANDS FOR
A DISTANCE OF 300.00 FEET;
THENCE NORTH 89°21'48'' EAST ALONG THE SOUTHERLY LINE OF SAID LANDS
FOR A DISTANCE OF 300.00 FEET TO AN INTERSECTION WITH THE WESTERLY
RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41, S.R. 45);
THENCE SOUTH 00043'07" EAST ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR
A DISTANCE OF 505.65 FEET;
THENCE LEAVING SAID WESTERLY LINE SOUTH 89°16'53" WEST FOR A DISTANCE
OF 55.53 FEET TO A POINT OF CURVATURE;
THENCE NORTHWESTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY.
HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 62°55'02'' FOR AN ARC
DISTANCE OF 274~53 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENT
LINE;
THENCE SOUTH 00°09'30" WEST FOR A DISTANCE OF 631.93 FEET;
THENCE NORTH 89°50'30'' WEST FOR A DISTANCE OF 154.92 FEET;
THENCE SOUTH 00o09'30.. WEST FOR A DISTANCE OF 5.00 FEET;
THENCE NORTH 89°50'30.. WEST FOR A DISTANCE OF 801.92 FEET;
THENCE SOUTH 00°42'02" EAST FOR A DISTANCE OF 1210.87 FEET TO THE POINT
OF BEGINNING;
CONTAINING 244.233 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
PARCEL NO. 2
A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE pARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER. OF THE SOUTHEAST QUARTER
(SE 1/4) OF SAID SECTION 21; THENCE:8OUTH 89°50'41" WEST ALONG THE
NORTHERLY LINE OF SAID SOUTHEAST QUARTER (SE 1/4) FOR A DISTANCE OF 818.47
FEET; ~CE LEAVING_S~dD NORTHERLY L4NE NORTH 00°40'47" WEST FOR A
DISTANCE OF 12.87 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF
WALKERB ILT ROAD, THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL
NO. 2;
AGE~A fiE'
AUG 0 3
.--- THENCE SOUTH 89°21 '48" WEST ALONG SAID NORTHERLY LINE FOR A DISTANCE OF
356.00 FEET TO AN INTERSECTION WITH A LINE PARALLEL \VITH THE WESTERLY
RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R. 45 );
THENCE LEAVING SAID NORTHERLY LINE NORTH 00040'47" WEST .-~LONG SAID
PARALLEL LINE FOR A.DISTANCE OF 599.13 FEET TO AN INTERSECTION WITH THE
SOUTHERLY LINE OF BULKHEAD LINE NO. 3, AS RECORDED IN PLAT BOOK 1, PAGE
16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT
BEARS NORTH 20056'08.' EAST;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND ALONG SAID CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 400.00 FEET, A CENTRAL ANGLE OF
53o03'24.' FOR AN ARC DISTANCE OF 370.41 FEET TO A POINT OF INTERSECTION WITH
A NON-TANGENT LINE WHICH IS PARALLEL WITH THE AFORESAID WESTERLY
RIGHT-OF-WAY LINE OF TAMIAMI TRAIL (U.S. 41 - S. R 45);
THENCE SOUTH 00o40'47'' EAST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
630.00 FEET TO THE POINT OF BEGINNING;
' CONTAINING 4.790 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND REST~CTIONS OF RECORD. ..
PARCEL NO. 3
A PARCEL OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE NORTH
89°50'30'' WEST ALONG THE SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4)
OF SAID SECTION 21 FOR A DISTANCE OF 995.63 FEET; THENCE LEAVING SAID
SOUTHERLY LINE NORTH 00°09'30'' EAST FOR A DISTANCE OF 100.00 FEET TO AN
INTERSECTION WITH A LINE 100.00 FEET NORTHERLY OF AND PARALLEL WITH THE
SAID SOUTHERLY LINE OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 21, THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL NO. I;
THENCE NORTH 89050'30'' WEST ALONG SAID PARALLEL LINE FOR A DISTANCE OF
401.04 FEET;
THENCE LEAVING SAID PARALLEL LINE NORZTH 00o42'02'' WEST FOR A DISTANCE OF
1210.87 FEET;
THENCE SOUTH 89050'30'' EAST FOR A DISTANCE OF 801.92 FEET;
THENCE NORTH 00o09'30'' EAST FOR A DISTANCE OF 5.00 FEET;
THENCE SOUTH 89°50'30" EAST FOR A DISTANCE OF 154.92 FEET;
THENCE NORTH 00°09'30'' EAST FOR A DISTANCE OF 63 1..93 FEET TO A POINT OF
INTERSECTION WITH A NON-TANGENT CURVE FROM WHICH THE RADIUS POINT
,""' BEARS NORTH 62°11'56" EAST; AGENOAITE~ "
4
AUG 0 3 1999
Pg .__....~~
THENCE SOUTHEASTERLY .&LONG SAID CURVE, CONCAVE NORTHEASTERLY.
HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 62°55'02" FOR AN ARC
DISTANCE OF 274.53 FEET TO A POINT OF TANGENCY:
THENCE NORTH 89°16'53" EAST FOR A DISTANCE OF 55.53 FEET;
THENCE SOUTH 00°43'07" EAST FOR A DISTANCE OF 505.08 FEET;
THENCE NORTH 89°50'30" WEST FOR A DISTANCE OF 442.82 FEET:
THENCE SOUTH 45°09'30'' WEST FOR A DISTANCE OF 151.26 FEET:
THENCE SOUTH 00°09'30'' WEST FOR A DISTANCE OF 100.00 FEET;
THENCE SOUTH 45°09'30'' WEST FOR A DISTANCE OF 200.00 FEET;
THENCE SOUTH 00°09'30" WEST FOR A DISTANCE OF 390.00 FEET;
THENCE SOUTH 45°09'30" WEST FOR A DISTANCE OF 190.00 FEET;
THENCE SOUTH 00°09'30'' WEST FOR A DISTANCE OF 338.00 FEET;
TO THE POINT OF BEGINNING;
CONTAINING 18.415 ACRES OF LAND, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
1.3 /PROPERTY OWNERSHIP
The subject property is currently owned by Collier Development Corporation, 3003 Tamiami
Trail North, Naples, Florida 34103.
1.4 GENERAL DESCRIPTIONS OF THE PROPERTY
A. The project site is located between U.S. 41 on the eastern border and Vanderbilt
Drive on the western border, lying north of 11 lth Ave. and south of the Cocohatchee
RIver.
B. The zoning classification of the subject property. prior to the date of tiffs approved
PUD document was PUD Ordinance No. 90-45 and A - Agricultural.
1.5 PHYSICAL DESCRIPTION
The project site is a mixture of range land, upland forests, barren land and wetlands. The
wetlands border the Cocohatchee RIver to the north. Several small isolated seasonal wet
prairies are found on the site.
Elevations range from 3.0 to 10.0 feet with the highest elevations on the southeast corner of
the proDeny which from there slopes downward to the northwest and the river. The soils are
a species of fine sands (Arzett, Charlotte, ImmOkalee, and St. Lucie) and mangrove swamp
along the river.
AGENDA ITE
AUG O 3 1999
1.6 STATEMENT OF CONSISTENCY WITH THE GROWTH MANAGEMENT PLAN
The development of Collier Tract 21 as a Planned Unit Development is consistent with the
planning goals, objectives and policies of Collier County's Growth Management Plan and
complies with pertinent implementing ordinances. This PUD represents a reduction of
density, intensity and resultant impacts from the 800 dwelling units authorized in Ordinance
No. 9045 to no dwelling units. The 3.4 acre Commercial Tract "C" is considered to be
within the Activity Center by virtue of the Activity Center 75% Rule of the Future Land Use
Element, and is, therefore, consistent with the Growth Management Plan. Tract "C" is a
portion of Parcel 3, a separate tax parcel that includes and overlaps the Activity Center,
which is legally described in Section 1.2 of the PUD document.
Consistency with the goal requiting well planned and compatible land uses and objectives
which establish density levels are designated in the plan. The proposed project furthers these
standards including the use of creative PUD design with useable open space.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the Colliei Tract 21 P.U.D.
6 no._ .,/'7,e= -
AUG O 3 1999
pg._
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 Collier Tract 2 1 PLrD shall be in accordance with
the contents of this document, PUD-Planned Unit Development District, applicable
sections and parts of the Collier County Land Development Code and Collier County
Gro~vth Management Plan in effect at the time of local f'mal development order or
building permit application. Where these regulations fail to provide developmental
standards, ther~he provisions of the most similar-district in the Collier County Land
Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
date of adoption of this PUD.
C. All conditions imposed and graphic material presented depicting restrictions for the
development of the Collier Tract 2 1 PUD shall become part of the regulations which
govern the manner in which the PUD site may be developed.
D. Unless specifically waived through any variance or waiver provisions from any other
applicable regulations, the provisions of those regulations not otherwise provided for
in this PUD remain in full force and effect.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public Facilities
of the Collier County Land Development Code at the earliest, or next, to occur of
either Final Site Development Plan approval, Final Plat approval, or building permit
issuance applicable to this development.
F. County open space requirements for the Collier Tract 2 1 PUD are deemed satisfied
by the golf come, and no separate open space requirements shall be applied to the
Commercial Tract.
AGENOA ITF
AUG 0 3 1999
,--- ".3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan.
There shall be four (4) land use parcels. The master plan also includes water
management systems. The project parcels will be grouped according to the following
land use categories:
Land Use Tracts
"G": Golf course, ± 170.5 acres
"C": Commercial, 50,000 square feet of gross leasable area/one hundred (100)
hotel or motel rooms, ±3.4 acres
"L": Lake, ±29 acres
"RS": Resen'e, ±64.5 acres
TOTAL ±~267.4 acres
B. In addition to the various areas and specific items shown in Exhibit "A", easements
._ such as (utility, private, semi-public) shall be established and/or vacated within or
along the property, as may be necessary..
C. Minor modifications to Exhibit "A", may be permitted at the time of Site
Development Plan approval, subject to the provisions of Section 2.7.3.5 of the
Collier County Land Development Code or as otherwise permitted by this PUD
Document.
2.4 ELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Except as otherwise provided within this PUD Document, any division of the
property and the development of the land shall be in compliance with the Subdivision
Regulations and the platting laws of the State of Florida.
B. The provisions of Division 3.3, Site Development Plans 'of the Land Development
Code, when applicable, shall apply to the development of all platted tracts, or parcels
of land as provided in said Division 3.3 prior to the issuance of a building permit or
other development order.
AGENDA ITEM
--N,,._
AUG 0 3 1999
pg. ,/7z"~/' _
C. Appropriate instruments ~vi 11 be provided at the time ofinfrastrucmral improvements
regarding any dedications and the methodology for providing perpetual maintenance
of common facilities.
2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land
Development Code.
Prior to the recording of any Record Plats, final plans of the required improvements shall
receive the approval of all appropriate Collier County governmental agencies to insure
compliance with the Master Plan, the County. Subdivision Regulations and the platting laws
of the State of Florida.
2.6 LANDSCAPE BUFFER
There shall be a I5 foot vegetative buffer provided along U.S. 41, 11 lth Avenue North,
Walkerbilt Road and Vanderbilt Drive at the project boundaries. Within this buffer, project
landscaping and perimeter treatments provided in Section 6. j5 of this PUD, including a
combination of walls or fences and berms up to 14 feet in height, no more than 8 feet of
which may be wall or fence, shall ~>e allowed. Ifa parallel road is constructed along U.S. 4 I,
there shall be no separate or additional landscape buffer requirements applied to said parallel
road.
AUG 0 3 199cJ
SECTION III
COMMERCIAL
3.1 PURPOSE
The purpose of this section is to identify specific development standards for the area to be
developed on Exhibit "A" as Tract "C" Commercial.
3.2 MAXIMUM SQUARE FOOTAGE
A maximum of 50,000 square feet of gross leasable area may be constructed on Tract "C" .
Ira hotel with accessory uses is developed on Tract "C", the maximum square footage shall
be reduced by 225 square feet for every hotel room.
3.3 USES PERMITTED
No building or structure, or part thereof shall be erected, altered or used, or lands used, in -
whole or part, for other than the following:
"" A. Principal Uses
1. All uses allowed as permitted and conditional uses in the C-3 zoning district
as of the effective date of the Collier Tract 21 PUD ordinance.
2. Hotels and motels not to exceed 100 units.
3. Any uses permitted on Golf Course and Lake Tracts.
4. Any other use which is comparable in nature with the foregoing uses which
the Planning Services Manager determines to be compatible with the intent
of this PUD district.
B. -Accessory Uses
1. Customary accessory uses including meeting rooms and sit down restaurant
for hotel and motel.
3.4 DEVELOPMENT STANDARDS
A. General: All yards and setbacks shall be in relation to individual parcel boundaries.
B. Minimum Lot Area: 10,000 square feet.
C. Minimum Lot Width: 75 feet
D. Minimum Yards:
Front yard: 25 feet; 30 feet on U.S. 41 plus 5 feet for each story, in excess of one
story.
Side yard: 15 feet.
Rear yard: 15 feet.
- ,~ny yard abutting a residential parcel: 25 feet.
r z-
E. Minimum Floor Areas: 700 square feet.
F. Off-Street Parking and Loading Requirements: As required by the Collier County
Land Development Code in effect at the time of site development plan approval.
G. Maximum Height:
1. Principal and accessory structures - 50 feet.
H. Access: Motor vehicle access to Tract C, which shall also serve as the access to the
_ golf course and club house, shall be limited to one access point on U.S. 41 that lines
up with the northern entrance to Riverchase Shopping Center. This common access
point will be signalized by the State of Florida Department of Transportation
CFDOT") pursuant to a separate agreement with Collier Development Corporation
for the widening of U.S. 41.
AGEI~A ITE~' '
AUG 0 3 1999
SECTION IV
GOLF COURSE AND LAKES
4.1 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on Exhibit
"A" as Tracts "G" Golf Course and Tracts "L" Lake.
4.2 USES PERMITTED
No building or structure, or pan thereof, shall be erected, altered or used, or land or water
used, in whole or in pan, for other than the following:
A. Permitted Principal Uses and Structures
I. Golf courses, biking, hiking, canoeing, and nature trails, bridges, boardwalks,
/ overlooks, and all uses permitted in the Reserve Area Tract.
2. Parks, tennis and racquetball courts, basketball courts, exercise courses, and
__ swimming pools, and any other community neighborhood recreational
facilities.
3. Community recreation center buildings, recreational shelters, gazebos,
clubhouse, restrooms, and wildlife sanctuary/management areas.
4. Water Management and essential services facilities, landscape buffers, berms,
and walls or fences and any other perimeter treatments as provided in Section
- 6.15 of this PUD.
5. Any other recreational and open space activity or use which is similar in
nature with the foregoing uses and which the Planning Services Director
determines to be compatible with the intent of this PUD district.
6. Gates and gatehouses.
7. Child care centers, if authorized by Members.
8. Utility facilities including a reverse osmosis facility or similar facility used
to treat and/or produce water for irrigation of the golf course, golf course
_ ' maintenance and golf can storage facilities.
----- 9. Sales Center for golf course memberships.
AGENDA iTEM
AUG 0 3 1999
p...
B. Permitted Accessory. Uses and Structures
1. Accessory. uses and structures customarily associated with the uses permitted
in this district, provided that the clubhouse building shall not exceed 60,000
square feet.
2. Essential services and facilities, including irrigation pumphouses and
facilities.
3. Caretakers residence.
4. Sales offices/centers and property management offices.
5. Temporary construction office.
4.3 DEVELOPMENT STANDARDS
A. Overall site design shall be harmonious in terms of landscaping, enclosure of
structures, location of access streets and parking areas and location and treatment of
buffer areas as determined by site development plan regulations.
B. Buildings shall be set back a minimum of twenty-five (25) feet from right-of-way,
and fifteen (15) feet from any property lines. Unless otherwise specifically provided
there shall be no setback requirement for landscape buffers and perimeter treamaents.
C. Lighting facilities shall be arranged in a manner which will protect roadways and
_ neighboring properties from direct glare or other interference.
D. Maximum height of structures: Fifty. (50) feet.
E. Minimum distance between principal structures: Fifteen (15) feet.
F. Setback from lakes: Twenty (20) feet.
G. Minimum standards for parking, landscaping and lighting, shall be in accordance
with applicable Collier County regulations in effect at the time of site development
plan approval.
H. The Golf Course and Lake Tracts need not be p.latted.
I. The Golf Course Tract lying north of Walkerbilt Road shall be subject to the
following standards if any structures are constructed thereon:
~ AGENDA ITF'
1..3
AUG 0 3 1999
-'- 1. Masonry. wall or similar pre-/~bricated wail at least 8 feet in height along the
east and west property. lines and set back at least 10 feet from said property.
lines.
2. Within said east and west setbacks, exterior to the walls, canopy trees at least
12 feet in height shall be planted twenty-five (25) feet on center.
3. Along the south property line, except for any driveway, a fifteen (15) foot
landscape strip shall be installed to provide a 100% opacity rating within one
(1) year of installation.
AUG 0 3 1999
SECTION V
RESERVE AREA
5.1 PURPOSE
Reserve Area - The purpose is to preserve and protect vegetation in its natural state and allow
limited recreational uses subject to receipt of appropriate permits. It is designated Tract "RS"
Reserve on Exhibit "A."
5.2 USES PERMITTED
No building or structure or pan thereof, shall be erected. altered or used. or land used, in
whole or in pan, for other than the following:
A. Principal Uses
1. Open spaces/nature preserves, golf cart tee boxes and golf course bridges and -.
paths.
2. Small docks, piers or other such facilities constructed for purposes of
recreation for members of the project.
3. Passive recreation: hiking trails, boardwalks, overlooks.
A~DA ITEM
AUG 0 3 1999
SECTION VI
GENERAL DEVELOPN/IENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the general commitments for development of the
project.
6.2 P.U.D. MASTER PLAN
All facilities shall be constructed in accordance with final site development plans, fmal
subdivision plans and all applicable state and local laws, codes and regulations in effect on
the effective date of the Collier Tract 2 1 PUD except where specifically noted.
A. The PUD Master Plan (Exhibit "A") is an iljustrative preliminary. development plan.
B. The design criteria and layout iljustrated on the Master Plan and the exhibits .~
supporting this project shall be understood as flexible.
C. Master Plan design changes shall be permitted as provided in Section 2.7.3.5 of the
Land Development Code.
D. All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities.
E. Agreements, provisions, or covenants which govern the use, maintenance and
continued protection of the PUD and common areas, will be provided.
6.3 SOLID WASTE DISPOSAL
An agreement between the Developer and the approved waste disposal service shall be
entered into in order to provide for solid waste collection service to all areas of the project.
6.4 TRANSPORTATION
A~ '?2' Golf course maintenance/service driveways shall be permitted on Vanderbilt Drive,
t t 1 a, Avenue and Walkerbill Road.
AGENDA ITEM
_
16
AUG 0 3 1999
B. Prior to or at the time of completion of construction of the last of the Commercial
Tract or Golf Course Tracts, the Developer shall provide street lighting at the project
entrance. but lighting shall not be required for maintenance/service driveways.
C. If gate houses are to be used, they shall be located so as not to cause entering vehicles
to be backed up onto any State or County road.
D. Road impact fees shall be in accordance with the schedule contained in Ordinance
92-22, or as it may be amended, and shall be paid at the time building permits are
issued unless otherwise approved by the Board of County Commissioners.
6.5 WATER MANAGEMENT
A. Detailed site drainage plans shall be submitted to Engineering Review Services for
review. No construction permits shall be issued unless and until approval of the
proposed construction in accordance xvith the submitted plans is granted by
Engineering Review Services.
Design and cgnstmction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County Land Development Code.
C. An Excavation Permit will be required for the proposed lake(s) in accordance with
Division 3.5 of the Land Development Code.
D. A Conceptual permit from South Florida Water Management District or, a copy of
the permit application with supporting information submitted to the South Florida
Water Management District and all subsequent correspondence shall be provided
prior to construction plan approval.
E. Petitioner shall provide evidence by appropriate computer modeling and profile
' plotting that the existing hydraulic grade line of the Naples Park North Drainage
Basin Outfall north of 111m Avenue will not significantly impacted by the
installation of the culvert pipes and lake system in the proposed modified Basin
Outfall across this proposed golf course project.
6.6 ENVIRONMENTAL
A. Petitioner shall be subject to Division 3.9, Vegetation Removal, Protection and
Preservation of the Land Development Code. A site clearing plan shall be submitted
to Current Planning Environmental staff for their review and approval prior to any
substantial work on the site. This plan may be submitted in phases to coincide with
the development schedule. The site clearing plan shall clearly depict how the final
si~ie layout ineorporat'e's retained native vegetation to the maximum extent practical
AGENDA field
AUG O 3 1999
---- and how roads. buildings, lakes, parking lots, and other facilities have been oriented
to accommodate this goal.
B. Native species shall be utilized, where available, to the maximum extent possible in
the site landscaping design. A landscaping plan for the commercial tract will be
submitted to Current Planning Environmental staff for their review and their
approval. This plan will depict the incorporation of native species and their mix with
other species, if any. The goal of site landscaping shall be the re-creation of native
vegetation and habitat characteristics lost on the site during construction or due to
past activities.
C. All exotic plants, as defined in the County Code, shall be removed during each phase
of construction from development areas, open space areas, and preserve areas.
Following site development, a maintenance program shall be implemented to prevent
re-invasion of the site by such exotic species. This plan, which will describe control
techniques and inspection intervals, shall be filed with and approved by the Current
Planning Environmental staff.
,D. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course
ofsile clearing, excavation or other construction activity an historic or archaeological
artifact is found, all development within the minimum area necessary to protect the
__. discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
E. Any future proposed dock construction shall comply with the Florida Department of
Environmental Protection (DEP)/Collier County Manatee Protection Plan.
F. If turkey oaks are discovered during tree removal permitting, they shall be
transplanted to the upland preserve areas or utilized in project landscaping.
G. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit 0ERP) rules and regulations, as well as the U.S.
Army Corps of Engineers {}404 Permitting Program. Removal of exotic vegetation
shall not be the sole means of mitigation for impacts to Collier County jurisdictional '
wetlands.
H. All conservation shall be recorded on any required plats with protective covenants
per or similar to {}704.06, Florida Statutes. In the event platting is not required,
conservation easements shall be recorded for such areas, subject to uses and
limitations similar to or per Florida Statute Section 704.06. Conservation areas shall
be maintained by the golf club, and these areas shall be dedicated to Collier County
. _ on plats or easements, as applicable, with no responsibility for maintenance.
' AGFJ~A ITEM
AUG 0 3 1999
I. Buffers around wetlands shall be in accordance with the ERP issued for this project.
Current Planning Environmental Staff shall be provided ~vith copies of U.S. Army
Corps of Engineers permits prior to any construction occurring in jurisdictional areas
addressed bv such permits. Construction or early work permits from the South
Florida Water Management District shall be presented prior to Final Site
Plarv'Construction Plan approval.
J. Petitioner shall coordinate protected wildlife species issues through the ERP and
CORPS §404 permit review process and comply xvith the guidelines and
recommendations of the U.S. Fish and Wildlife Service and Florida Game and
Freshwater Fish Commission. Where a protected species occur on site, a Habitat
Management Plan for those protected species shall be submitted to Current Planning
and Environmental Staff for review and approval prior to Final Site
Plan/Construction Plan approval.
6.7 FIRE PROTECTION
The project developme~ shall comply with all applicable fire codes and regulations. Fire
hydrants shall be installed in accordance with regulations in effect at the time of
construction.
6.8 ENGINEERING AND UTILITIES
A. Work within Collier County fight-of-way shall meet the requirements of Collier
County Right-of-Way Ordinance 82-91.
B. Water distribution, sewage collection and transmission and interim water and/or
° sewage treatment facilities to serve the project are to be designed. constructed.
conveyed, owned and maintained in accordance with Collier County Ordinance No.
88-76, as amended, and other applicable County rules and regulations.
C. All customers connecting to the water distribution and sewage collection facilities
to be constructed will be customers of the County and will be billed by the County
in accordance with the County's established rates.
D. Construction drawings, technical specifications and all pertinent design information
shall be submitted, in accordance with Collier County Ordinance 97-17 or
amendments thereto, and shall be approved prior to the issuance of development
construction approval.
AGENDA ITEM
AUG 0 3 1
~., o.9 DEVELOPMENT SEQUENCE AND SCHEDULE
The propen.,,' is to be developed over an estimated 4 year time period. This projection of
project development is no more than an estimate based on current marketing 'knowledge.
The estimate may change depending upon future economic factors.
6.10 EASEMENTS
Easements shall be provided for water management areas. utilities and other purposes as
required.
6.11 LAKE SITING
As depicted on the P.U.D. Master Plan {Exhibit "A"), lakes and natural areas have been
preliminarily sited. The goals are to achieve an overall aesthetic character for the project.
to permit optimum use of the land, and to increase the efficiency of the water management
network. Accordingly t'ff'e pertinent setback requirements described in Ordinance No. 88,26,
Section 8A may be reduced with the approval of the authorized County official. Fill material
fi'om the lakes are planned to be utilized within the project. However, excess fill material,
up to 10% of the total or a maximum of 20,000 cubic yards may be removed and utilized off-
site subject to the requirement of Ordinance No. 88-26, including but not limited to traffic
impact fees, etc. Removal of material in excess of 10% of total or maximum of 20,000 cubic
yards must meet the requirements of a commercial excavation per Ordinance No. 88-26. To
assure site specificity, construction plans must be submitted with excavation permit
submittal.
6.12 SIGNAGE
The developer intends to create a uniformly designed special signage and identification
system including, but not limited to, subdivision and entrance signs for the project to
compliment the intended development themes and architectural styles. Project identification
signs shall be allowed at the principal project entrances to the PUD at U.S. 41. These may
not exceed one hundred and fifty (150) square feet in total area at each entrance and shall not
exceed a height of fifteen (15) feet above the established grade.
Additionally, project entrance signs announcing the names of the planned golf course and
commercial site shall be allowed. Each identifiable project development shall be allowed
one project entrance sign, not to exceed an area of eighty (80) square feet and a height often
(10) feet above the established grade.
_ o 20 ...... u,,
" AUG 0 3 1999
Utilization of the public rights-of-way for landscaping decorative entrance ways, and signage
shall be reviewed and approved by the Transportation Director prior to any installations.
6.13 ESSENTIAL SERVICES
Essential services as defined in Land Development Code Section as permitted or conditional
uses are considered as an acceptable permitted use in all land use categories within the
project.
6.14 ROADS
The entrance to the golf course club shall be a driveway and shall not be subject to the
provisions of Land Development Code Section 3.2.
Roads within the commercial tract of the development may be either public or private roads.
depending on location, capacity., and design. Gating and/or gatehouses may be located on
driveways or private roads only.
6.15 PER/METER TREATMENTS
The perimeter of the project is intended to be buffered/screened from adjacent properties and
rights-of-way by combination of any or all of the following; vegetative buffers, berms, walls,
fences or other materials in keeping with the aesthetic theme and quality. of the proposed
project. Additionally, it shall be allowed that gazebos, towers, arches, fountains or other
architectural monuments be incorporated within the perimeter treatment and that this PUD
document' s setback and height restrictions shall be waived on these architectural elements,
subject to review and approval of the Engineering Review Services for line-of-sight traffic
requirements. The buffering/screening of the perimeter of the project shall be of such design
that it will allow the runoff to flow as designed by the water management system.
F:\USERSXLANA\WPSXSECTION.21x, PUD REV 1101 .wpd
November 5, 1998
AGENDA ITEM
AUS 0 3 19 9
COUNTY ROAD C-901
///'["S-~ A,) VAN~L T DRIVE
!
EXECUTIVE SUMMARY
PETITION PUD-98-5 (1), MR. BOB THINNES, OF Q. GRADY MINOR & ASSOCIATES, INC.,
REPRESENTING MR. WILLIAM E. TOULOUMIS, REQUESTING TO AMEND THE
WALGREENS PUD FOR THE PURPOSES OF ADDING DEPOSITORY INSTITUTIONS AND
ALLOW OTHER USES COMPARABLE IN NATURE TO THE LIST OF PERMITTED USES FOR
PROPERTY LOCATED ON THE SOUTHWEST CORNER OF AIRPORT-PULLING ROAD (CR-
31) AND VANDERBILT BEACH ROAD (CR-862), IN SECTION 2, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
This petition seeks to amend the current Walgreens Planned Unit Development for the purposes of
adding Depository Institutions as a permitted use and to permit other uses that are comparable in nature
to the list of permitted uses.
CONSIDERATIONS:
The currently approved Walgreens PUD permits a variety of retail commercial land uses which are
similar to the C-3 zoning district. The petitioner is now requesting to include Depository Institutions
(SIC Groups 6011- 6099) and language allowing other uses that are deemed to be comparable in nature
with the currently approved principal retail use of the property. No other changes are proposed to the
currently approved master plan including the landscape buffer, water management facilities, and open
space requirements. The buffering standards, setback standards and architectural standards meet or
exceed all requirements of the Land Development Code.
The subject 15.68 acre site is located within the Urban Mixed Use Designated Area and the Airport
Road/Vanderbilt Beach Road Activity Center as identified on the Future Land Use Map and Element
(FLUE) of the GMP. The function of the Activity Center is to provide for a mixture of commercial
uses (i.e.: restaurants, gasoline service stations and convenience uses) for the traveling and passer-by
public. In addition, the site was zoned PUD in 1998 to allow for commercial retail land uses and is
therefore deemed consistent with the criteria set forth in the FLUE of the GMP. In regards to
compatibility, it should be noted that two other comers of this Activity Center have commercial
development with similar uses. The development regulations, landscaping, screening and buffering
requirements will remain as currently approved. Given the urban influence impacting this area, the
proposed change to add depository institutions and other comparable uses are consistent with
requirements of the FLUE to the GMP. This amendment will not change any consistency standard or
relationship with the existing commercial zoned properties.
The traffic impact review indicates that there is no difference in the site generated trips from the
currently approved PUD versus the proposed amendment to add Depository Institutions. As a result,
AC.,FJ, I}A rrEM
AUG 0 3 lr:3 9
P~.
the proposed change will not exceed the significance test on any County Road within the project's
radius of development influence (RDI). In addition, CR-31 is currently a 4 lane arterial road fronting
the project. The current traffic count for this segment is 38,514 AADT which results in LOS "D"
operation. The road segment north of Vanderbilt Beach Road is operating at LOS "A".
The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing
on July 15, 1999. The CCPC voted unammously (7 to 0) to forwarded Petition PUD-98-5 (1) to the
Board of County Commissioners with a recommendation of approval subject to staff stipulations
including the provision of a shared access driveway along the westem property line. The CCPC also
determined that this petition does not increase the intensity of use on the subject site. One person spoke
during the public hearing conceming the added provision to allow any other land use which is
comparable in nature with the approved uses in this PUD. The CCPC determined that this is standard
language found in most PUD documents and is also contained in the Land Development Code. Since
the CCPC unanimously recommended approval, this petition has been placed on the summary_ agenda.
- FISCAL IMPACT:
This amendment is only to add depository institutions to the list of permitted uses. No additional floor
area or acreage is proposed. Therefore, this amendment by and of itself will have no fiscal impact on
the County'. The fiscal impact for this development was determined at the time the property was
rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits
to help off-set the impact of each new development on public facilities. These impact fees are used to
fund projects in the Capital Improvement Element needed to maintain adopted levels of service for
public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of
service, the County must provide supplemental funds from other revenue sources in order to build
needed facilities.
GROWTH MANAGEMENT IMPACT:
The subject site is located within the Urban Mixed Use Designated Area and the Airport
Road/Vanderbilt Beach Road Activity Center as identified on the Future Land Use Map and Element
(FLUE) of the GMP. The function of the Activity Center is to provide for a mixture of commercial
uses (i.e.: restaurants, gasoline service stations and convenience uses) for the traveling and passer-by
public. In addition, the site was zoned PUD in 1998 to allow for commercial retail land uses and is
therefore deemed consistent with the criteria set forth in the FLUE of the GMP. Inasmuch as the use of
the subject property will not lower the level of service below adopted standards, there should be no
impact on any level of service relationships. Appropriate stipulations have been included in the PUD to
ensure that LDC requirements will be made applicable to the development of the subject property.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission recommends approval of Petition PUD-98-5 (1), being an
application to amend the Walgreens PUD subject to the conditions of approval that have been
incorporated into the PUD Document and attached to this executive summary. ~ rrm
.,,./7,
AU6 0 3 1999
PREPARED BY:
RAY BELLOWS, PRINCIPAL PLANNER DATE
CURRENT PLANNING SECTION
IEWED BY:
, AICP, MANAGER DATE
T PLANNING SECTION
TOR DATE
PLANNING SERVICES DEPARTMENT
APPROyED BY:
,,--/
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
PUD-98-5 ( 1 )/EX SUMMARY/RVB/rb
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DATE: JUNE 4, 1999
RE: PETITION NO: PUD-98-5 (1), WALGREENS PUD
AGENT/APPLICANT:
Agent: Mr. Bob Thinnes
Q. Grady Minor & Associates, P. A.
3800 Via Del Rey
Bonita Spnngs, Florida 34134
Owner: William E. Touloumis, President
1060 Keene Road
Dunedin, Florida 34698
GEOGRAPHIC LOCATION:
The subject property is located on the southwest comer of Airport-Pulling Road (CR-31) and
Vanderbilt Beach Road in Section 2, Township 49 South, Range 25 East. (See iljustration on
following page.)
REQUESTED ACTION:
This petition seeks to amend the current Walgreens Planned Unit Development for the purposes
of adding Depository Institutions as a permitted use and to permit other uses that are comparable
in nature to the list of permitted uses.
PURPOSE/DESCRIPTION OF PROJECT:
The subject site is located within the Airport-Pulling Road/Vanderbilt Beach Road Activity
Center which functions as an area that provides for a mixture of commercial uses for the
traveling public. The current Walgreens PUD is approved for retail commercial uses which are
similar to the C-3 zoning district. The petitioner is now requesting to include Depository
Institutions (SIC Groups 6011- 6099) and language allowing other uses that are deemed to be
comparable with the currently approved principal retail use of the property. As a result, the
proposed uses in the revised PUD document are similar in character to the uses that are currently
approved in the PUD document and which are consistent with the intent of the Activity Center~
No change is proposed to the currently approved master plan while the landscape buffer, water
management facilities, and open space requirements remain the same. The buffering standards,
setback standards and architectural standards meet or exceed all requirements of t]te La~NOA ITEM
Development Code. ~/.,7[..
AUG, 0 3 1999
l
SURROUNDING LAND USE AND ZONING:
Existing Conditions: The subject site is undeveloped and is zoned PUD.
Surrounding: North: - Vanderbilt Beach Road and a developed commercial drug store;
Zoned: Pelican Marsh PUD.
East: - Shopping Center (under construction); Zoned Vineyards PUD.
South: - Undeveloped commercial and developed residential; Zoned: Fountain
Park PUD and Emerald Lakes PUD respectively.
West - Vacant land; Zoned: Agriculture.
GROWTH MANAGEMENT PLAN CONSISTENCY: The PUD has been distributed to the
appropriate jurisdiction review entities for review of the PUD for consistency with the current
Growth Management Plan (GMP) and they find the following:
Future Land Use Element: The subject site is located within the Urban Mixed Use Designated
Area and the Airport RoadNanderbilt Beach Road Activity Center as identified on the Future
Land Use Map and Element (FLUE) of the GMP. The function of the Activity Center is to
provide for a mixture of commercial uses (i.e.: restaurants, gasoline service stations and
convenience uses) for the traveling and passer-by public. In addition, the site was zoned PUD in
1998 to allow for commercial retail land uses and is therefore deemed consistent with the criteria
set forth in the FLUE of the GMP.
Traffic Circulation Element: The traffic impact review indicates that there is no difference in
the site generated trips from the currently approved PUD versus the proposed amendment to add
Depository Institutions. As a result, the proposed change will not exceed the significance test on
any County Road within the project's radius of development influence (RDI). In addition, CR-31
is currently a 4 lane arterial road fronting the project. The current traffic count for this segment
is 38,514 AADT which results in LOS "D" operation. The road segment north of Vanderbilt
Beach Road is operating at LOS "A".
Applicable Elements: Staff review indicates that this petition has been designed to account for
the necessary relationships dictated by the Growth Management Plan. Mitigation measures and
stipulations have been developed (where appropriate) to ensure consistency with the GMP during
the permitting process. Development permitted by the approval of this petition will be subject to
a concurrency review under the provisions of Section 3.15 of the Collier County Land
Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final
SDP approval, final plat approval, or building permit applicable to this development. Therefore,
this proposed PUD amendment is consistent with the goals and polic. ies of the GMP. Staff has
concluded that no level of service standards will be adversely affected by this amendment.
Appropriate mitigation measures and stipulations will assure that the County's interests are
maintained. Consistency with the goals, objectives and policies of other applicable elements of
the GMP and level of service relationships are to be achieved by stipulations and/or develo 3merit
commitments made a part of the approval of this development order. AGENDA ITEM
,,,.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section
2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or
other construction activity an historic or archaeological artifact is found, all development within
the minimum area necessary to protect the discovery shall be immediately stopped and the
Collier County Code Enforcement Department contacted.
EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND
INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related
to the above referenced areas of critical concern. This includes a review by the Community
Development Environmental and Engineering staff, and the Transportation Services Division.
These reviews help shape the content of the PUD Document and cause development
commitments to be formulated to achieve GMP and LDC requirements. This amendment has
been approved as submitted.
EVALUATION:
The purpose of this petition is to amend the Walgreens PUD even though the process is one of
rezoning the land from "PUD" to "PUD". The intent of this type of zoning procedure is to
achieve a level of administrative convenience by avoiding the requirement to track amendments
to the original document in order to understand the totality of the regulations as they apply to this
PUD zoning district. For this reason staff is of the opinion that the required findings for standard
and PUD rezones do not apply in recognition of the fact that when the property was initially
rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence
and conditions which supported the required findings for PUD rezoning actions.
Nevertheless, staff has evaluated the proposed amendment and has the following comments: The
evaluation by professional staff should typically include an analysis of the project's relationship
to the community's future land use plan, and whether or not the proposed amendment would be
consistent with the Collier County Growth Management Plan in all of its related elements. Other
evaluation considerations should include an assessment of adequacy of transportation
infrastructure, other infrastructure, and compatibility with adjacent land uses. This consideration
usually dealt with as a function of analyzing the relationship of the rezoning action to the long
range plan for all future land uses. The most important facet of the rezoning action is that it
constitutes a legislative statement that authorizes the use of land for a specific development
strategy, provided the development of the land can go forward. It may not affect the timing of
development because of subsequent permitting requirements.
Relationship to Existing Land Uses - In regards to compatibility, it should be noted that two
other corners of this Activity Center have commercial development with similar uses. The
development regulations, landscaping, screening and buffering requirements will rem~ m asAGF. n~A
currently approved.
3
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically
to Collier County's legal basis for land use planning, refers to the relationship of the proposed
zoning action to the Future Land Use Element of the Growth Management Plan. The property is
located within an Activity Center on the Future Land Use Map. Since this district permits
commercial and residential uses, the existing commercial PUD is compatible with the
commercial uses to the north, south and east. Given the urban influence impacting this area, the
proposed change to add depository institutions and other comparable uses are consistent with
requirements of the FLUE to the GMP. This amendment will not change any consistency
standard or relationship with the existing commercial zoned properties.
Utili_ty Infrastructure - Water supplies are available to this site. All development must comply
with surface water management requirements invoked at the time of site development plan
review.
Traffic Circulation and Impact - Staff has identified the fact that the change in land use will not
have a significant impact on Airport Road or on Vanderbilt Beach Road by virtue of the fact that
vehicular site generated trips will not exceed 5% of the LOS "C" design capacity. Furthermore,
it should be appreciated that all future development is subject to actions which may be taken as a
result of application of the County's Concurrency Management provisions.
However, to improve traffic circulation and access onto Vanderbilt Beach Road, staff
recommends the following condition of approval be added to Section 4.5 (Transportation) of the
PUD document as stipulation "F".
F. An access driveway with a combined width of thirty_ (30) feet be established along the west
limit of the property_ (i.e. fifteen feet on either side of the property_ line) which will afford
access to a parcel of land lying south of this PUD. This access will also serve as a shared
access drive with the property_ lying immediately west of this PUD. Said shared access shall
be installed at the time of development of the western half of this PUD is requested at the
time of Site Development Plan (SDP) application. however. in the event the property_ owner to
the west is desirous of proceeding with development prior to the development of the western
half of th~ Walgreens PUD. said share of the common access way shall be made available to
the conti_tmous property_. The costs of constructing a common/shared access driveway shall be
~harcd equally by the development entities.
PUD Development Standards & Master Plan - The petitioner has not requested any changes to
the currently approved development standards and Master Plan. However, staff is requesting that
the Master Plan be revised to iljustrate the recommended shared access drive along the western
property line as noted above.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition PUD-98-5 (1)
to the Board of County Commissioners with a recommendation for approval subject to the
addition of Transportation stipulation ~'F" as noted above and the other conditions of approval
that have been incorporated into the PUD Document. AGF. t~A IFr. M
AUG O 3 1999
4
P(. ~
PREPARED BY:
liAY I~LLOWS, PRINCIPAL PLANNER DATE
C NT PLANNING SECTION
' ALD F. lqlNO, .i~CP, MANAGER DATE T PL G SECTION
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Staff Report for the July 15, 1999 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
MICHAEL J. BRUET, CHAIRMAN
RVB/rb/STAFF REPORT/PUD-98-5 (1)
AGENDA IT[
~/~,~
AUG 0 3 1999
5
· P D 9 8- 0
,--- PETITION NUMBER
DATE
:~DC : ~
APPLiCATiON FOR PUBLIC F3ARING
FOR
PUD AMENDMENT/DO AMEND~
COMMUNITY DEVELOPMENT DIVISION
PLANNING SERVICES
-1. Name of Applicant(s) William E. Touloumis, President
Applicant's Mailing Address 1060 Keene Road
City Dunedin State Florida Zip 34698
Applicant's Telephone Number: Res.: Bus.: (727) 738-9822
Is the applicant the owner of the subject property?
x Yes No
(a) If applicant is a land trust, so indicate and name
beneficiaries below.
X (b) If applicant is corporation other than a public
" corporation, so indicate and n~me officers and'major
stockholders below.
(c) If applicant is a partnership, limited partnership
or other business entity, so indicate and name
principals below-
(d) If applicant is an owner, indicate exactly as
recorded, and list all other owners, if any.
(e) If applicant is a lessee, attach copy of lease, and
indicate actual ow~ers if not indicated on the lease.
(f) If applicant is a contract purchaser, attach copy of
contract, and indicate actual owner(s) name and address
be low -
William E. Touloumis, President, Vice President, Secretary and Treasurer
1060 Keene Road~ Dune.dinx FL 34698
(If space is inadequate, attach on separate page.)
Bob Thinnes, ATCP
2. Name of Agent Q. Grady Minor, P.E. Firl~ Q, G.r. ad¥ M.inor & Associates, P.A.
Agents Mail [ng Address 3800 V.ia Del R_e.y
I---- City Bonita Springs State Florida Zip 34134
Telephone Number: Res.: __ Bus.: 94_1-_947__-_1r4_4
AUG 0 3 1999
3. PUD ORDINANCE NAME AND NUMBER: 98-84
4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE
APPLZCATION (If space is inadequate, attach on separate page. If
request involves change to more than one zoning district, include
separate legal description for property involved in each district.
If property is odd-shaped, submit five (5) copies of survey (1" to
400 ' scale).
T]~E P~PPLICANT Is RESPONSIBLE FOR SUPPLYING TPiE COR/~CT LEGAL
DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION,
AN ENGINRER'S CERTIFICATION SflAI~L BE REQUIRED.
SECTION 02 TOWNSHIP 49 South RANGE 25 East
See attached Legal Description
5. Address or location of subject property
Southwest corner of Airport PullinE R_0ad and Vanderbilt Road
6. Does property owner own contiguous property to the subject
property? If so, give complete legal description of entire
contiguous property. (If space is inadequate, attach on
separate page). No
7. TYPE OF AMENDMENT:
X A- PUD Document Language Amendment
B- PUD Master Plan Amendment
C. 'Development Order Language Amendment
8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes
. No If no, explain:
9- HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE -
LAST YEAR? IF SO, IN WHOSE NAME7 William E. Touloumts
PETITION #: PUD-98-5 . DATE: October 13, 1998
AG~A ITEM
AUG 0 3 1999
.,....//
12/0~/,g7 10:40 FAX 941, S436968 COLLIER CO COMMUNITY DEV
,;
,0. HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR
--- DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR
DEVELOPED?
Yes. X No. IF YES, DESCRIBE: (ATTACH
ADDITIONAL SHEETS IF NECESSARY)-
AFFIDAVIT
We, Bob Thinnes being first duly sworn,
depose and say that we are the owners of the property described
heroin and which is the subject matter of the proposed hearing;
that all the answers to the questions in this application, and all
sketches, data, and other supplementary matter attached to and
made a part of this application, are honest and true to the best
of our knowledge and belief. We understand this application must
be completed and accurate before a hearing can be advertised. We
further permit the undersigned to act as our representative in any
matters regarding this Petition.
NOTE: SIGNATURES OF ALL OWNERS ARE ~NDATORY.
SIGNATURE OF OWNER
William E. Touloumis, President
~SI~NATU~E' OF AG~T
State of Florida Bob Thinnes, AICP
County of Collier Q. Grady Minor &Associates, P.A.
The foregoing Application was acknowledged before me this
~ day of ~ , 199c~ by ~ who
eFsonally 6' me or who
as identification and who did (did not)
take an oath. ~a
(Signature of Notary Public)
~L..~(~ Nola~ PuO$ic. STaTe ot
...... _=~$jjjjjj-~- My Co~ission ~pires:
PUD~DO APPLICAT [ON/md/4 128
AC, P, NOA ~TEM
AUG 0 3 1999
_Q:_.GRADY MINOR 941 947 0375 04/09 '99 10:11 N0.790 02/02
MAS ANY ~ORTION OF THE PUD BEEN SOlD AND/OR
DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SO~D~
DEVZLOPED?
Yes. X No. IF YES, DESCRIBE: (ATTACH
ADDITIONAL SHEETS IF NECESSARY).
AFFIDAVIT
We, Bob ThieVes being first duly sworn,
depose and say that we are the ' 0~ner's of the property described
heroin and which is the subject matter of the proposed hearing;
that all the answers to the questions in this application, and all
sketches, data, and other supplementary matter attached to and
made a part of this application, are hone~-t and true to the best
of our k~o~D. edge and belief. We understand this application must
be comp accurate before a hearing can be advertised. We
furth un, dersig e.d to act as our representative in any
W 1 ?r
SIGNATURE OF A'~ENT
State of Florida Bob Thinnes, AICP
County of Collier Q. Grady Minor & Ass0cia.=es, P.A.
~s iecntifiCati~n and who did [did not)
take an oath.
~0e~ ~ I igna e o ~Notapy Pubiic) '
No. CC: 7G~710 ..
My Comznission Explres:
PUD\DO APPLICATION/md/4128
,Ge , r,u, '
AUG 0 3 1999
'~.
>AD EXT. '
PUD
PUD
MARK~
~AS
E
~ACT B
,-- ~ PUD
~ FOUNTAIN PARK
I
I
~CT ~
reACT B
ST/WS4
PUD PUD
BRIGHTON GARDENS
EMERALD LAKES
1¢1
:;ALGREENS PUD
ORDINANCE 99-
AN ORDINANCE :MMENDING ORDINANCE
NL3. IBER 91-102. THE COLLIER COLLNTY LAND
DEVELOPMENT CODE. WFIICH INCLLT)ES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE U~FINCORPORATED .~REA OF COLLIER
COL.~TY. FLORiDA. BY .-MMENDFNG THE
OFFICIAL ZONING ATLAS MAP NU~MBER 9502N
BY CHANGING THE ZONING CLASSIFICATION
OF THE HEREIN DESCRIBED REAL PROPERTY
FROM "PUD" TO "PUD' PLANNED LqWIT
DEVELOPMENT KNOWN AS WALGREENS PUD,
FOR PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF AIRPORT-PULLING
ROAD (C.R. 31) AND VANDERBILT BEACH
ROAD (C.R. 862L IN SECTION 2. TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COU~'NTY.
FLORIDA. CONSISTING OF 15.68± ACRES:
PROVIDING FOR THE REPE.M.. OF ORDIN.,LNCE
NTMBER 98-84, THE FORMER WALGREENS
PUD; .~ND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Bob Thinnes, AICP of Q. Grady Minor & Associates, P.A., representing
OI.vmpia Development Group, Inc.. petitioned the Board of County. Commissioners to change the
zoning classification of the herein described real property;
NO\V THEREFORE BE IT ORDAINED B'x' THE BOARD OF COL.'NTY
COMMISSIONERS OF COLLIER COL .~TY, FLORIDA:
SECTION ONE:
The Zoning Classification of the herein described real propert>' located in Section 2,
Township 49 South. Range 25 East. Collier County. Florida. is changed from "PUD" to "PLT)"
Planned Unit Development in accordance with the PUD Document. attached hereto as Exhibit "A',
which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map
number 9502N, as described in Ordinance Number 91-102. the Collier Count>' Land Development
Code. is hereby amended accordingly.
SECTION TXVO:
Ordinance Number 98-84, known as the Walgreens PUD. adopted on October 13. 1998 by
fi3e Board of County Commissioners of Collier County. is hereby repealed in its ennrety.
" AUG 0 3 1999
_-__
SECTION THEE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY A. DOPTED by the Board of Count.,,' Commissioners of Collier
County. Florida. this __day of 1999.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
PAMELA S. MAC'KIE, Chairwoman
Approved as to Form and
Legal Sufficiency
Marjofie M. Student
Assistant County Attorney
~'adml n, sue, PU D-98 -05( 1 )/Ordinance
AUG 0 3 1999
-2-
PI-~
WALGREENS
A
PLANNED UNIT DEVELOPMENT
Regulations and Supporting Master Plan
Governing the Walgreens PUD A Planned
Unit Development Pursuant to Provisions of
The Collier County Unified Land Development
Code
Prepared For:
Olympia Development Group, Inc.
2454 McMuilen Booth Road
Suite 421
Clearwater, FL 33759
Prepared By:
Bob Thirmes, AICP
Q. Grady Minor and Associates, P.A.
Civil Engineers · Land Surveyors · Planners
3800 Via Del Rey
Bonita Springs, FL 34134
Date Filed 05/05/98
Date Approved by BCC 10/13/98
Revision Per BCC 10/15/98
ORDINANCE NUMBER 98-94
Revision Per BCC
ORDINANCE NUMBER
AC~ID A ITEM
l ~ff "A'~
AUG O 3 1999
TABLE OF CONTENTS
Statement of Compliance
SECTION 1 Property Ownership &Description (1)
SECTION 2 Project Development Requirements (3)
SECTION 3 Commercial Plan (6)
SECTION 4 Development Commitments (11)
EXHIBIT A Master Plan
AGENDA ITEM
No./~,~"
~,~o 0 3 1999
STATEMENT OF COMPLIANCE
The development of approximately 15.68+ acres of property in Collier County, as a
Commercial Planned Unit Development to be known as Walgreens PUD, will be in compliance
with the goals, objectives and policies of Collier County as set forth in the Growth Management.
Plan. The project will t~e consistent with the growth policies, land development regulations. and
applicable comprehensive planning objectives of each of the elements of the Growth Management
Plan for the following reasons:
Activity Center Development
1. The subject property is located in an area identified as an Activity Center in
the Collier County Growth Management Plan.
2. Activity Centers are the preferred locations for the concentration of commercial
and development activities that contain a mixture of uses.
3. The subject tract is located on the southwest corner of Airport-Pulling Road (CR-
31) and Vanderbilt Beach Road (CR-862) intersection. This strategic location
allows the site superior access for the placement of commercial activities.
4. The project is in compliance with all applicable County regulations including the
Growth Management Plan.
5. The project will be served by a complete range of services and uti/ities as
approved by the County and/or the City of Naples.
6. The project is compatible with adjacent land uses through the internal
arrangement of structures, the placement of land use buffers, and the proposed
development standards contained herein.
7. The Planned Unit Development includes open spaces and naturalized open
features which serve as project amenities.
8. All final local development orders for this project are .subject to the Collier
County Adequate Public Facilities Ordinance.
AGENDA ITF_.kl
(i)
AUG O 3 1999
SECTION 1
PROPERTY OWNERSHIP AND DESCRIFFION
1.1 PLrRPOSE
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 Walgreens PUD.
1.2 LEGAL DESCRIFrION
PROPERTY DESCRIFrION
North 1/2 of the Northeast 1/4 of Northeast 1/4 of Northeast 1/4 of Section 2, Township 49
South, Range 25 East, Collier County, Florida. Less and excepting the Eastern 100 feet
thereof.
The Northwest quarter (NW 1/4) of the Northeast quarter (NE 1/4) of the Northeast quarter
(NE 1/4) of Section 2, Township 49 South, Range 25 East, Collier County, Florida, less the
following described parcel: Commencing at the Southwest comer of the West 1/2 of the
Northwest I/4 of the Northeast 1/4 of the Northeast 1/4 Section 2, Township 49 South, Range
25 East, Collier County, Florida; thence North 1° 52' 31" West 435.60 feet along the West line
of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said
Section 2; thence South 89° 57' 36" East 150.00 feet parallel and 435.60 feet from the South
line of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said
Section 2; thence South 1° 52' 31" East 435.60 feet parallel and 150.00 feet from the West line
of the West 1/2 of the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said
Section 2; thence North 89° 57' 36" West 150.00 feet along the South line of the West 1/2 of
the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of said Section 2 to the Point of
Beginning. Bearings based on Emerald Lakes at Bridget Lake Plat Book 15, pages 45 and 46.
Containing 15.68 Acres more or less.
s~
./,2"/---"" _
1999
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Rose Mary Wuerz as Trustee
of the Vanderbilt Beach Road Land Trust c/o Christopher Smith, Naples Realty
Company, Inc., 6871 Bottlebrush Avenue, Naples, Florida. Olympia Development
Group, Inc. has a Purchase and Sale Agreement to purchase the property for the intended
use of retail and office development.
1.4 GENERAL DESCRIFHON OF PROPERTY AREA
A. The project site is located in the NE 1/4 of Section 2, Township 49 South, Range
25 East, at the southwest comer of the intersection of Airport-Pulling Road and
Vanderbilt Beach Road. The property is currently vacant.
B. The zoning classification of the subject property prior to the date of this approved
PUD Document was A and PUD. The westerly 10+ acres is zoned PUD for the
La Fontana PUD, while the easterly 5 + acres is zoned A, agriculture. The effect
of the approved PUD will be a rezoning of the subject property to Walgreens
PUD.
1.5 PHYSICAL DESCRllYI'ION
Elevations within the project site range from 7.3 to 13.5 feet NGVD. All of the site is
in Flood Zone "X" according to Firm Map 120067-0385 D, effective date of June 3,
1986.
The soil types on the site are Immokalee f'me sand and Basinger fine sand.
1.6 PROJECT DESCRIFFION
The project will be a high quality community shopping center with a maximum of
156,800 gross square feet of commercial development. The Walgreens PUD may be
developed as a single hotel site with a Walgreens drugstom as an outparcel or any
combination of outparcels, hotel and shopping center. The number of hotel units shall
be calculated at a rate of 26 units per acre based upon the area of the property utilized
as the hotel site.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Walgreens PUD Planned Unit
Development Ordinance".
AGENDA ITEk
(2) No.
AUG 0 3 1999
P.. J/
SECTION 2
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 Walgreen$ PUD shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code and
Growth Management Plan 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 Collier County Land Development
Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed for the development of Walgreens PUD shall become part
of the regulations which govern the manner in which the PUD site may be
developed.
D. Except as modified by this PUD, the provisions of the Collier County Land
Development Code remain in full force and effect with respect to the development
of the land which comprises this PUD.
E. Development permitted by the approval of this petition will'be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities Section of the Collier County Land Development Code at the earliest
or next to occur of either final SDP approval, final plat approval or building
permit issuance applicable to this development.
AGEJi)A ITEM
(3) /TF
AUG O 3 1999
P,. ..
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Conceptual Master Plan is iljustrated graphically by Exhibit "A" ,
PUD Master Plan. The project shall have a maximum of 156,800 gross square
feet of commercial development. The Walgreens PUD may be developed as a
single hotel site with Walgreens as an outparcel or any combination of
outparcel(s), hotel and/or shopping center. If a mixed use development, the
number of hotel units shall be calculated at a rate of 26 units per acre based upon
the hotel site area. Exhibit "A" graphically depicts the two access points to
Vanderbilt Beach Road and a single access to Airport-Pulling Road. Road rights-'
of-way, internal circulation, water management, native vegetation and buffers are
depicted on Exhibit "A". In general, the commercial uses would be located in
close proximity to the on-site circulation.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat for all or part of the PUD, final plans of
all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the PUD Master Plan, the
Collier County Subdivision Code and the platting laws of the State of Florida.
B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat,
if applicable, shall be submitted for the entire area covered by the PUD Master
Plan. Any division of properly and the development of the land shall be in
compliance with Division 3.2 of the Collier County Land Development Code and
the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code,
when applicable, shall apply to the development of all platted tracts or parcels of
land as provided in said Division prior to or concurrent with the issuance of a
building permit or other development order.
D. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
AGENDA ITEM
(4)
AUG 0 3 1999
2.5 A~MENDIVIENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
2.6 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the subsequent'
purchasers of property within said development in which the common interest is located,
that developer entity shall provide appropriate legal instruments for the establishment of
a Property Owners' Association whose function shall include provisions for the perpetual
care and maintenance of all common facilities and open space subject further to the
provisions of the Collier County Land Development Code, Section 2.2.20.3.8.
AGENDA ITEM
(5')
O 3 1999
,,,. J,-/
SECTION 3
COMMERCIAL PLAN
3.1 PURPOSE
The purpose of this Section is to identify the type of Commercial Uses and development
standards that will be applied to the 15.68-t- acre Walgreens PUD. The entire site will
be developed as a commercial project. All numerical group references are from the
"Standard Industrial Classification Manual - 1987".
3.2 USES PERMITTED
No building or structure or part thereof, shall be erected, altered or used or land uses,
in whole or part, for other than the following:
A. Permitted Principal Uses and Structures (uses are set forth in SIC Code).'
1. Agricultural Services (groups 0741 except outdoor kermeling, 0742 except outdoor
kenneling, 0752-0783 except outdoor kenneling).
2. Amusements and recreation services (groups 7911-7941, 7991-7993, 7997, 7999).
3. Apparel and accessory stores (groups 5611-5699).
4. Automotive dealers and gasoline service stations (groups 5511,5531, 5541 in accordance
with the requirements of section 2.6.28 of the Collier County Land Development Code
and Groups, 5571, 5599 new vehicles only).
5. Automotive repair, services, parking (groups 7514, 7515, 7521) and carwashes (group
7542), provided that carwashes abutting residential zoning districts shall be subject to the
following criteria:
a. Size of vehicles: Carwashes designed to serve vehicles exceeding a capacity
rating of one ton shall not be allowed.
b. Minimum yards:
1. Front yard setback: 50 feet
2. Side yard setback: 40 feet
3. Rear yard setback: 40 feet
A~.~4~)A ITEM
AU,.C, O 3 1999
c. Minimum frontage: A carwash shall not be located on a lot with less than 150
feet of frontage on a dedicated street or highway.
d. Lot size. Minimum 18,000 square feet.
e. Fence requirements. If a carwash abuts a residential district, a masonry or
equivalent wall constructed with a decorative finish, six feet in height shall be
erected along the lot line opposite the residential district for a distance not less
than 15 feet. The wall shall be located within a landscaped buffer as specified
in section 2.4.7 of the Collier County Land Development Code. All walls shall
be protected by a barrier to prevent vehicles from contacting them.
f. Architecture. The building shall maintain a consistent architectural theme along
each building facade.
g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise
Control Ordinance [Code ch. 54, art. IV].
h. Washing and polishing. The washing and polishing operations for all car washing
facilities, including self service car washing facilities, shall be enclosed on at least
two sides and shall be covered by a roof. Vacuuming facilities may be located
_ outside the building, but may not be located in any required yard area.
i. Hours of operation. Carwashes abutting residential districts shall be closed from
10:00 p.m. to 7:00 a.m.
6. Building materials, hardware and garden supplies (groups 5231-5261).
7. Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable
toilet and oil field equipment renting and leasing, groups 7361-7397 except armored car
and dog rental, group 7389 except auctioneering, bronzing, field warehousing, salvaging
of damaged merchandise).
8. Communications (groups 4812-4841) including communications towers up to specified
height, subject to section 2.6.35 of the Collier County Land Development Code.
9. Commercial printing (group 2752, excluding newspapers).
10. Eating and drinking establishments (groups 5812, 5813) excluding bottle clubs. All
establishments engaged in the retail sale of alcoholic beverages for on-premise
consumption are subject to the locational requirements of section 2.6.10 of the Collier
County Land Development Code.
(?)
AUG 0 3 19 9
11. Engineering, accounting, research, management and related services (groups 8711-8748).
12. Food stores (groups 5411-5499).
13. General merchandise stores (groups 5311-5399).
14. Glass and glazing work (group 1793).
15. Hardware stores (group 5251).
16. Health services (groups 8011-8049, 8051-8059, 8062-8069, 8071-8072 and 8092-8099).
17. Home furniture, furnishing and equipment stores, (groups 5712-5719, 5722, 5731-5736).
18. Hotels and motels (group 7011).
19. Insurance agents, brokers and service (group 6411).
20. Legal Services (group 8111).
21. Membership organizations (groups 8611-8699).
22. Miscellaneous repair services, except aircraft, business and office machines, large
appliances, and white goods such as refrigerators and washing machines (groups 7629-
7631).
23. Miscellaneous retail (groups 5912-5963, 5992-5999).
24. Motion picture theaters (group 7832).
25. Museums and art galleries (group 8412).
26. Nondepository credit institutions (groups 6111-6163).
27. Paint, glass and wallpaper stores (group 5231).
28. Personal services (groups 7215, 7217, 7219-7261 except crematories, groups 7291-7299).
29. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-
9661).
30. Real estate (group 6512).
31. Retail nurseries, lawn and garden supply stores (group 5261).
AGENDA ITEM
(8) six ,/~'/~
AUG 0 3 1999
p.. ;.?
33. Social services (groups 8322-8399, except for homeless shelters and soup kitchens).
34. United States Postal Service (group 4311 except major distribution center).
35. Veterinary services (groups 0742, 0752 excluding outside kenneling).
36. Videotape rental (group 7841).
37. Vocational schools (groups 8243-8299).
38. Merchandise storage and display: Unless specifically permitted for a use, outside storage
or display of merchandise is prohibited.
B. Permitted Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal uses
permitted in this district.
39. Depository Institutions (Groups 6011 - 6099).
40. Any other use which is comparable in nature with the foregoing uses and which the
Planrang Services Director determines to be compatible in the District.
3.3 DIMENSIONAL STANDARDS
The following dimensional standards shall apply to all permitted and accessory uses:
A. Minimum Lot Area: Ten Thousand (10,000) Square Feet.
B. Minimum Lot Width: One Hundred Fifty (150') Feet
C. Minimum Yard Requirements:
1. Front Yard:
a. Vanderbilt Beach Road
and Airport-Pulling Road: The distance equal to the height of the
building, but no less than twenty-five
feet (25').
b. Internal: Twenty-five feet (25')
(9)
AUS 0 3 1999
2. Side Yard: Fifteen feet (15')
3. Rear Yard: Fifteen feet (15')
4. Waterfront: Twenty-five feet (25')
5. Building Separation for
Principal Structures Fifteen feet (15') or distance equal to
one half (1/2) the sum of their
heights, whichever is the greater.
F: WALGREEN~WAL. PUDA (10) AC.~v, NDA ITE[~
AUG 0 3 1999
SECTION 4
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 GENERAL
All facilities shall be constructed in strict accordance with the Final Site Development
Plan and all applicable State and local laws, codes and regulations applicable to this
PUD. Except where specifically noted or stated otherwise, the standards and
specifications of the Land Development Code, Division 3.2, shall apply to this project
even if the land within the PUD is not to be platted. The developer, his successor and
assigns, shall be responsible for the commitments outlined in this document.
The developer, his successor or assignee, shall follow the Master Plan and the
regulations of the PUD as adopted and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee in title
to the developer shall be responsible for any commitments within this agreement.
4.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special land
use boundaries shall not be construed to be final and may be varied at any
subsequent approval phase. Subject to the provisions of Section 2.7.3.5 of the
Land Development Code, changes and amendments may be made from time to
time.
B. All necessary easements, dedications or other instnunents shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
AC~:.h~)A ~'~:.M
AUG 0 3 1999
4.5 TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Arterial level street lighting shall be provided at all project access points prior to
the issuance of any Certificate of Occupancy.
B. Access points shall be coordinated with adjacent development to the west and to
the north, such that future traffic signalization may be accommodated.
C. Turn lanes shall be provided consistent with Ordinance 93-64 along with
compensating right-of-way prior to the issuance of any Certificate of Occupancy.
D. The County reserves the right to modify, including full closure, any median
opening serving this project.
E. The applicant or his successor in title shall be responsible for a fair share
contribution toward any future traffic signal serving any access point for this
project.
4.6 WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and governed by the
following condition:
Water Management design and construction shall conform to Division
3.3.5.5.5.4. of the Collier County Land Development Code.
4.7 UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance
No. 88-76, as amended and other applicable County rules and regulations.
AGENDA IT~
/7,
(Z2) AUG O 3 1999
4.8 ENGINEERING
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
Design and construction of all improvements shall be subject to compliance with
the appropriate provisions of the Collier County Land Development Code,
Division 3.2.
4.9 ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Petitioner shall retain 1.27 acres of native vegetation on site or mitigate as
required in section 3.9.5.5.4 Collier County Land Development Code.
B. An exotic vegetation removal, monitoring and maintenance (exotic free) plan for
the site, with emphasis on areas of retained native vegetation, shall be submitted
to Current Planning Environmental Staff for review and approval prior to final
site plan/construction plan approval.
C. This project is located within a Collier County Groundwater Protection Zone and
shall comply with the appropriate sections of the Groundwater Protection
Ordinance No. 91-103 in effect at the time of final development order approval.
4.10 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-sweet parking areas shall be in accordance with the Division 2.4
of the Collier County Land Development Code in effect at the time of building permit
application.
AGFrJ~DA iTEM
(13) AUG 0 3 19 9
EXECUTIVE SUMMARY
PETITION VAC 99-012 TO VACATE A 3' WIDE PORTION OF THE PLATFED 14' WIDE DRAINAGE
EASEMENT ON LOT 4, BLOCK G, "KENSINGTON PARK PHASE THREE-B", AS RECORDED IN
PLAT BOOK 28, PAGES 5 AND 6; TO VACATE A 4' WIDE PORTION OF THE PLATFED 7.5' WIDE
DRAINAGE EASEMENT ON LOT 18, AND TO ACCEPT A 4' WIDE DRAINAGE EASEMENT OVER
A PORTION OF LOT 19 AS A REPLACEMENT DRAINAGE EASEMENT, "KENSINGTON PARK
PHASE THREE-C", AS RECORDED IN PLAT BOOK 30, PAGES 19 AND 20, PUBLIC RECORDS OF
COLLIER COUNTY, LOCATED IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST.
OBJECTIVE: To adopt a Resolution to vacate the above described Drainage Easements and to accept
the above described Replacement Drainage Easement.
CONSIDERATIONS: Petition VAC 99-012 has been received by Planning Services from McAnly
Engineering and Design, Inc. as agent for Sheffield-Naples Limited Partnership, John Soave, Inc. and
Hearthstone, Inc., Petitioners, requesting the vacation of the above-described Drainage Easements to
accommodate the future construction of residential homes. They are also requesting that Collier County accept
a 4' wide Drainage Easement as a replacement easement. Letters of no objection have been received from all
pertinent users and agencies. Zoning is P.U.D.
FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the
petitioners which covers the County's cost of advertising, recording and processing the Petition.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners:
1. Adopt the Resolution for Petition VAC 99-012 for the vacation of the above-described Drainage
Easements; and
2. Approve and accept the replacement Drainage Easement: and
3. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a
certified copy of the Resolution in the Official Records; and
4. Request the Clerk to the Board to make appropriate marginal notes on the recorded plats.
PREPARED BY: .~_:,. ,-:
Rick Grigg, P.S.M.
Planning Services
Thoma,~ E. Kuck, P.E.
E~~g ~ew
REVIEWED BY: DATE:
Robert M~lhere, AICP
APPROVED BY: _
Vincent A. Cautero, AICP, Admimstrator
Commumty Development & Environmental Services
'~'~ i RESOLUTION NO. 99-
2
3 FLESOLbTION FOR PETITION VAC 99-012 TO VACATE A Y WIDE PORTION OF THeE PLA~FED 14' WIDE
4 DRAINAGE EASEMENT ON LOT 4. BLOCK G, "KENSINGTON PARK PHASE THREE-B". AS RECORDED IN
~' PLAT BOOK 28. PAGES 5 .~d~D 6~ TO VACATE A -P WIDE PORTION OF THE PLATTED 7 5' WIDE
6 DPJklNAGE EASEMENT ON LOT 18 AND TO ACCEPT A 4' WIDE DRAINAGE EASEMENT OVER A
' PORTION OF LOT 19 AS A REPLACEMENT DRAINAGE EASEMENT. "KENSINGTON PARK PHASE THREE-
8 C" AS RECORDED IN PLAT BOOK 30. PAGES 19 AND 20, PUBLIC RECORDS OF COLLIER COUNTY,
9 LOCATED IN SECTION 13, TOWNSH]Ia 49 SOUTH, RANGE 25 EAST.
10
I 1 WHEREAS, pursuant to section 177.101, Florida Statutc~,-McAnly Enginocrmg and Design, as agent for
12 Sheffield-Naples Limited Partnea~p, does hcr~y request tl~ vacation of a 3' wide portion of the platted 14' wicie
13 drainage easement on Lot 4. Block G. "Kensington Park Phase Three-B", as recorded in Plat Book 28. Pages 5 and 6;
14 to vacate a 4' wide portion of the platted 7.5' wide drainage easement on Lot 18 and to accept a 4' wide drainage
15 easement over a poruon of Lot 19 as a replacement drainage easement, i'Kensinglon Park Phase Three-C", as recorded
- 16 m Plat Book 30. Pages 19 and 20. Public Records of Collier County., located m Sccuon 13, Township 49 South, Range
17 25 East.
18 WHEREAS, th= Board has this day held a public hcanng to consider vacating said Drainage Easements as
19 more fully described below, and notic~ of said public hearing to vacate was giv=n as requimt by law; and
20 WHEREAS, the granung of the vacation uall not adversely affect the ownership or right of convemcnt access
21 of other pro~rtS' owners.
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
23 COLLIER COUNTY. FLORIDA, that the following be and is hereby vacated:
24 See Exlubit "A' artached hereto and incorporated herein.
25 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY CO~MMISSIONERS OF COLLIER
25 C,OL~'TY. FLORIDA, that the 4' x~ide Drainage Easement. more pamcularly descnbed in Exhibit "B" attached
27 hereto and incorporated here, n. is hereby. accepted as the replacement easement for the 4' Drmnage Easement vacated
28 herera
29 BE IT FURTI-IER RESOLVED, that the Clerk to the Board is bexd~y direrted to record a entitled cow of
30 tins Resoluuon ~n the Official Records of Collier Corinth', Honda and to make propor notauon of this vacauon on the
31 recorded plats as referenced above.
~, This Resoluuon adopted after mouon. second and majority vote favonng same.
33 DATED:
34 a.,TTE, ST BOARD OF COUNTY CO~'vIMISSIONERS
35 D\~.]GHT E BROCK. Clerk COLLIER COUNTY. FLORIDA
36
37 BY:
38 PAiMELA S. MAC'KIE. Chairwoman
39
40 Appn:,ved as to form and legal
41 sufficlcncy: ? ,
43 "7"; (f' d /.' "' '
44 Hexa, F Ashton AGEN
45 ~.sszsmn! CounW Attorn~' No
AUG 0 3 1999
COUNTY, FLORIDA.
V ,'g c cl cl -o t F_
UNPLATTED
-- EASTERLY LINE OF KENSINGTON PARK
" PHASE ONE SUBDIVISION
' S 00'09'4?" E 791.21' /
~T lIBIS N 00'09'47' W 791,21' LANDSCAPE SURFER EASEMENT
)N HIGH STREET TRACT "A" ' 60' RIGHT OF WAY
OO'09'47'W 855.21 '
,., N. U .E. AND D.E. , o
00.' 50.00' 50.00' 50.00' 50.00' 50.00' 5O.0O' 50.00' L- ,.__55.0.__0' __ _5_O.OO__L 50.O0' 50.21'
,/- ~ Llo' U.E. != 15' D.E.
~_ ~_ ~1- ~_ ,,, ~1_ ~: ~_ ~_ ~_
.1~ 12~.~13 i.~14 ~ 15_~.~16 ;!~ 17 ~.;~ 18~ 19 iF= 20iF= 21i~
- o 7,o j.,o ~o ~o F..:o C,o ~ o C-o j.o C.o o
: q.z ~:6 ' ' ' ' ' ' ' :
· ·; · I · · ·i · ·
~JO' 50 00' 5C 00' 5000' 50.00' 50,00' 50.00' 50.00' i 55,00' 50,00' 50,00' 50,21'
N 00'09'47" W 855.21'
'T'~' '"",.. ;? .e>=..,-p> ,r9 .o. ,,,'-/~/
t A2.G:3/(9t9'
" '1'1~..\( "1' "(;( "~"
I'-[N,SINGTON P&RK PNAS[
(PL*'| BOOK 2~. PAGF5 62 THROUGH 67) '
BOUNDARY SKETCH ( NOT A SURVEY)
II II II
II II
~NSINGTON HIGH STREET PHA~ ~REE-C ,] PHA~ ~REE-B
I
~ 2of2
~ D~CMON: STeM VAC
~E N~ERLY 4 ~T ~ ~E ~ERLY 7.5 EET ~ M.H.
LOT 18, KEN~NGT) PARK PHA~ ~REE-C occ~din9 TRACT
to the plot record~ In Plot Bo~ ~. Po9~ 19 t 20
of the Public Rec~ds of Cdli~ County. Fl~ido GOLF COURSE. L.M.E.
A.E. · D.E.
GA~ VALES
IN PIPi N~9'47'W
~7
__- 7.~'
:~EA = ~0.~ SO. FT.
~. 4.0' ~DED ~' ~ ~ d
~s' D.E.(~.ORL__ ~ ~_
~T lg ~ ~ ~T 18 ~T 17
~T 20 ~ ~
(VACANT) (VAC~T} ~ ~ ~ (VACANT} (VACANT)
z
_ _ . ~
10' U.E. u~ ~ ~0' U.E.
4.00'
,, s~e'~'~ ( ~ E./C. U. E./N. U. ~./D. E. )
TRACT A' (~0' ~.O.W.) /2' v.a.
KENSINGTON HIGH ST~T ~Q""'"~ ~.o.~.~~
CAT) BArN
s~.O ~ -
S00~g'47'E U.H.~ CURB IN~T ~DETAIL
CAT~ BArN
25/14/9g-18: 15:16 K[NXLL_ADjXLI~G dwg C~II~T. 199~ BY MC~LY EN~NEE~NC ~O ~)~, INC. ~ RI)~ RE~R(D ' I'/l
BO UNDARY SKETCH ( NOT A SURVEY)
I li
" "18 17 16 15 14 13 12 11 10 9 8 7 6 4 ,, 3 1
22 21 20 19 ,, ,,
IF II /' II
,,,, ]LOCK~a ~;EEDEETAIL ,,
.... '.-L.-.-
KENSINGTON HIGH STREET PHLS~ THREE-C , , PHASE; THREE-B
J
~ DIC~ON: v~
~E S~ERLY 3 ~T ~ ~E NOR~ERLY 14 EET ~
LOT 4, BL~ G. KENgNGT~ PARK PHASE ~REE-B TRACT "GC2"
acceding to the plot recorded in Plat Book 28, Pages 5 · 6
of the Public Rec~ds of C~lier County, Fluida GOLF COURSE, L.M.E.
4'x 6' A.E. · D.E.
GR A~D
N~'47'W CATCH BAgN '
~ ~ STORM
4.0' M.H.
15' D.E.(E~ST.)
z ~2' D.E.(PR~.)
3.0' D.E. TO BE VACA~D
AREA = ~0.~ SO. FT. ~
~ 8 1' D.E.
~T 5 ~T 4 ~ ~T 3 ~T 2
B~CK C B~CK G ~ B~CK C B~CK C
( v Ac ~T) ( VAC ~T) ( V AC ~T) ( ~O US~)
10' U.E. CA~ / 10' U.E.
u~ ~ ~ qwM.
3.00'
TRACT "R" (60' R.O.W.) s~9'.~'E (C.U.E./N.U.E./D.E.)
~2' V.G.
RBINLET
KENSINCTON HICH STREET c~rm s s~. "'>~
_ _ s~O
[ ~' ' DETAlL
~s~o~ ~ ~w~o~ MCANL Y ENGINEERING ~-~
EASEMENT ADDITION AND DESIGN INC
KENS~GTON PARK PHASE ~EE-B ~o L..OSC~PE ~,~C~.E
54~5 P~K CENTR~
LOT 4, BLOCK G N~LES. FL~tOA 341~
05/18/99-15 28 30 KEN~LL_~J~L4BCdwg C~t~T. 1999 BY ~C~LY ENQN[ERINC ~D ~ iNC ~ m~T5 REaReD RO~CT 90 0 E
Exhibit
-.-----~ Sheet 2 of 3
VAC 994) 1
IN WITNESS W'BEREOF, the Grantor has caused these presents m be executed the date
and year first above vmtten.
Signed, Sealed and Delivered SHEFFIELD-NAPLES LIMITED PARTNERSHIP,
in ~e Presence of: a Florida Limited Partnership
Witness # 1 Signature a Florida Limited Liability Company
'[')OClo,!d 'P, .[)_a_qOe... Its: GeneralPartner
)r ..... /'' ' ~ California Corporation
Its: ~'
Witness ~2 Primed Nm"ne
ce President
-'--- STATE OF )
COL.rNTY OF )
,','Fr.e foregoing instrument was acknowledged before me this -;; C.' day of June, 1999, by
.tames K. Griffin, Jr. as Senior Vice President of Hearthstone, Inc,, a California Corporati.on, the
Manage of Sheffield-Naples GP, L.C., a Florida Limited Liability. Company, General Partner of
Sh_e_f~_eld-Naples Limited Paxtnerskip, a Florida Limited Partnership, on behalf of the partnership,
'who is personally knov,~o me or who has produced as iden~.fication.
....... '~:':" 1~ ,, I ,
:' A~NI:)A ITEM
kU3 O 3 1999
Page2 el2 ofl2~mage Easement Pg' ~
T:~:se.-. Kobza & Licberfazb. Chtd
400I Tamla.m: Trafi N. 5uiL" 339
Napies. FL .;4103
Pr~ar~cib.~:
Tmiser, Kobza & Lieberfarb, Chili.
4001 Tamlami Tad N., Su~e 330
Naples. FL 34103
sl~ lof3
VAC 99-012
DRAINAGE EASEMENT
THIS EASEMENT granted this .~day of June, 1999 by SHEFFIELD- NAPLES
LIMITED PARTNERSHIP, a Florida Limited Parmcrs~ip (hcrcinaficr relented to "Grantor"), to
the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE
GOVER~N1NG BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its
successors and assigns, without responsibility for mainlcnance and KENSINTON PARK
MASTER ASSOCIATION INC. its successors and assigns, with r~sponsibility for maintenance
(hereinafter referred to collectively as Grantee ")
WITNESSETH:
7ha: Crnm',ar, for and in consideration of t.he sum of Ten ~$10.00) Dollars and obher good
and valuable cor, sideralion paid by the Coufi~, receipt of which is hereby acknowledged, does
hereby grant unto the G'ramee's a perpetual, non-exclusive easement. license. and privilege to enter
upon a.-.d to maintain Drainage facilities above and below Found on the property desertbeet as:
'I'nat certain 4' Drainage easement, as more particularly described on Exhibit "A"
attached hereto. prepared by MCANLY ENGINEERING AND DESIGN INC.
dated April 15, 1999 being a part of Lot 19, Kensington Park, Phase Three-C,
recorded in Plat Book 30, at pages 19 and 20 inclusive, of the Public Records of
Collier CoLtory, Florida.
TO IelAVE AND TO HOLD the same unto said grlmtee's and their successors and assign,
together ~th the right to eater upon stud land and excavate and take materials from same and
consL,-uct and maintain thereon cixainage facilities. Grantor and Grantee are used for singular or
plural as the context reqtures.
[Remainderof this page intentionally left blank]
AC.~J',K)A ITEM
AUG 0 3 1999
./
Attachment
PETITION FORM FOR VACATION OF PLATS OR PORTIONS
OF PLATS OF SUBDIVIDED LAND
Petitioner:__. $hefl]eld~]~a_vl~Li.m~dPnrmers..l~.
Potitxoner: John Sga__v~__. lnc
Ackire~s.. C/o JC~!._ $_oaV_~ 2_0_~3 T~c~ _Cmlter Way Telephone: 591 - I 116
City/State:_ Nap:les,_Fi~nc~ ._. Zip Code: . _ 3.~109
Agent' M¢Anly, l~l~noering all~ De~i,an,_ _[n.c.
City/State: ~_aLol_e~, F}conda Z~p Code: .34109 ...
Address of Subj~t Property' _Thl lubi,~'t_e~almon~8 l_n IB~to~l, I~tw~ 42 1 ~ and 4224 .Kensin_aura H'_u&
and 4336 .and_.4344 Kenlm~toc~.bli~h ~x{~, , ..........
Location: S~--t~cm 13 Township~ Rm:lge~ Subdivision: KmS._in~on Park
LogatD~crrl;¢ic~: Lo~ 3&~4 tllo~__G .. Unit Plat Book 2S Page(s)
bgal Description: Lot |8 ~..19 Block Unit Plat Book~ Page(;)
Ribson f~ Requ~t: T9 n~_sgJ,ve a c,~flj~: 1;~'Wl~U L~v~ ~mee_nng d~_u~na lot Block G, Jc~ias'.._mg~n Park PbaBe
_Thn~_B, an~ K~_s~ ~ Pha~ Thr~-C. See ~v~r le~r for_ a_dmUl~d dM~'_ri~on .Qf ~ realon for_.
Current Zomn~:_ PUD~P!armect Un~ Dov~k~_mm~t Do~s thin afik~ dmiity? No
,."' '~ : T', : I ,~ I I1 . ' , ~ ' .=,' . ...... ~ ' ~ ,~n ~", _ ,__ __ _' '_. ' .......... ....
I hereby authorize Agent abovs to repnsent me for this pintion: [] Yes ~ No
' ", M~2 ai~; L.C., ~ Florida L~mit~l Liability Company, Genen] Parmer
n~, e ,a C, alLfom~a Cotpontoon Mm~ger . ~ 2el/2
Pl~e aee "Pol{~y and Proe.~re for the Vacation and ~n-ulment of PInts or Portio~s of Plats of Subdivided
Land" for the ]ij of suplx)ruve rrm~nal~ which must accompany this peruion, and deliver or rrllil to:
Corrmaurlity Dev~lopm~l~t &Environmental Sirvirgil Division AGEII)A"i~
Planning Services Deqn~an~ I~
2800 North Honeshoe Drive
riond AUG 0 3 1999
BOUNDARY SKETCH (NOT A SURVEY)
22 21 2 16 15 14 13 12 11 10 9 8 7 6 5 4 ,' 3 2 I
~~ SIEE )E~'AIL B~CK G
~NSINGTON HIGH STREET PHA~ ~REE-C .~ PHA~ ~REE-B
~3~3
~ D~C~0N: STeM VAC
LOT 19, K~SNGT~ PARK PHA~ ~-C o~ding T~ACT "GC2"
to the plot rec~d~ in Plot B~ ~, Pog~ 19 J 20
of the Public Recede of ~lif C~nty, R~ido GOLF COURSE, L.M.E.
A.E. & D.E.
N~'47'W IN PIPE
11.5'
15' D.E.(FXIST.)
4.0' OF D.E
BE VACATED
4.0' OF D.E. TO BE ADDED
AREA = 480,00 SO. FT.
15' D.E.(PROP.
LOT 20 LDT 19 LOT 18 LOT 17
( V AC ANT) ( V AC ANT) ( VAC ANT) ( VAC ANT)
10' U.E. urs 10' U.E.
4.00'
TRACT "A" (60' R.O.W.) soox>9',7'E 2' v.s. (A.E./C.U.E./N.U.E./D.E.)
KENSINGTON HIGH STREET 'HX-~'%~A~N kEO'P';
~ ST~.~ ,~c - ~ ~- -- -
S~9'47'E '.H.' ~RB N T
EXHIBIT "A" ~ CAT~ BASN AlL
A~A I~M
.
EASEMENT RELOCATION IG C ~ ~ {;,, '
K~TON PARK PHASE THREE~
LOT ~.
GUY L. CARL~N, C. Fo C.
COLLIE}', COUNTY T/~X COLLECTOR
COURTHOUSE CO~e~EX - B~ILDING C-1
N~LES, F~O~ID~ ~112-4997
~ILL CODE 70 ESCROW CODE 0090
J D~DLEY GOODL[TTE T~
4001 T~.lI~.fI TP~ NOP~TH S~te 300 N~ES FL 9~10~591
TII~: Th,~sday, J~me 03, 1999 04:56 PM
F~: 941649082 3
H~.~ER OF P~GES (INCLUDING THIS P~GE) 1
1998 COLLIER C0~ITY NOTICE 0F ~ V~0~f T~S ~ NON-~ V~0~{ ASSES~NTS
DISCO~IT ~D ~ IN NOV ~ IN DEC 2~ IH g~ 1~ IN FEB O~
AHIII~TT DI~ 9~9. OO 9 ~8.68 ~8. J6 958.0 ] 967.
V~I~ AIITH~RI TY
ASSESSE~ 65,000 ~ V~8~I
~,~STD CU~ITY 2 ~ ]. 50
SCHOOL-STATE ]8]. 76
ECHOOL-LOC~ 169. ~9
CITY .00
DEPEI~EIIT 6 J. 62
WATER HGT. 16.5 ]
I]~EP. 5PEC~ 77.69
VOTER ~PR. DEBT ~. 22
!IOH-~ V~O~ ASSES~.~NTS
T~LE 65,000 CO!.~II~D TOT~ 967.71
PROPE~TY IDM 527 ~100 ~68 ~
LEGAL DISC. ~II5INGTON P~ P~SE T~E B BLOCK G ~OT ~
L~CATIOH: I~!ISIIIGTON HIGHST 4216
PAID - 03/tl/99 967.71
~c~ 2227u
AC, a'.::,A
N,,.
AUG 0 3 1999
Official Receipt - Collier County Board of County Commissioner,'
CDPR1103 - Official Receipt
Trans Number ' Date T Post Date i Payment Slip Nbr
137081 _ 06/24/1999 9:48:04 AM 06/24/1999 i MS 55074
KENSINGTON PARK DEV.
New or Exist: N
Payor: KENSINGTON PARK DEVE
Fee Information
Fee Code Description _ GL Account Amount ! Waived
12PVAC PETITION TO VACATE 11313890032910000000 $1000.00 !
Total $1000.00;
Payments
Payment Code Account)CheCl~'Number Amount
CHECK _,00380~,' $1000.00
Total Cash $0.00
Total Non-Cash $1000.00~
Total Paid $1000.00!
Memo:
Easement Vacation Petition #VAC99-012
Check #003806
Cashier/location: FROLOFF E / 1
User: KENDALL M
Collier'County Board of County Commissioners Printed:06 24/1~ ~04~::~13VI
CD-Plus for Windows 95/NT
PI., ~'
GUY L,CARLTON, C,F,C,
CO]LT, IEP, COI/MTY TAX CO]LY.ECTOR
COURTHOUSE COmPlEX - B~I~DI]]G C-1
][~ES, F~ORIDA }~112-~997
HI~ CODE ?0 ESCROW CODE 0000
J DUDLEY GOODZETTE TP,
4001 T~-II~.II TP~ NORTH S~dte ~00 ]I~ES FL }410}}591
TI}~: Tlnu'sday, g~u~e O}, 1999
F~: 94164908~ ~
H~EP, OF P~GES (IIK'LUDIMe THIS PA~E) 1
1998 COLLIER COlflXTY MOTICE OF ~ VALO~[ T~S ~ HOH-~ V~O~ ASSES~IITS
DISC0~IT ~b ~ IM ][0V },~ Ill DEC 2~ Ill J~l 1,~
M.f0~]T ~ 195.18 197.~1 199.2~ 201.28
V~I~ AUTHORITY
ASSESSED lJ,655 ~ V~0~]
~.ISTD C0~)TY 49.05
SCHOOL-STATE 80,62
SCH00L-LOC~ ]5.58
CITY . OO
DEPEt~E][T 1 ~. ~7
~ WATER [tGT. 7.68
I]~EP. SPEC~ 16. ] ~
VOTER ~PR. DEBT .66
llell-~ V~O~.I ASSES~.~NTS
T~BLE I ] ,655 C~r.~I!~D TOT~ ~03. ]1
P~0PERTY IDfl 527J100~
LEG~ DISC. ~!ISIflGTOII PE P~SE TEE C LOT 18
L[ICATIOll: !~IlSIII~TO]I HIGHST 4 336
PAID - ~/~1/99 28~. ~1
~CM 22 ~ . 6
AGEND A ITEM
0 3 1999
P=../~
,,,_~
:. 7-Z'-Z~ ~.~, .. ',-- :~: :'
"> ' ACC~IDA ITEM
AUG 0 3 1999
P~-.
2389498 OR: 2475 PG: 2390
RICORDED lfi OrPICllL RECORDS of COLLIER COUNfi, rL
10/30/98 at 08:09AN DWIGHT S. BROCl, CLER[
RBC FEB 10.50
DOC-. 70 .70
!erE:
TREISER EOBZA ET AL
1001 TANIHI TR N #330
TRUSTEE'S DEED NAPLES PL 31103
(Corrective) '1 "" ~i ~ :~ ' -; ' T,
THIS INDENTURE, made on this ,~ ~:~d
aye?of October, 1998, between J. DUDLEY
GOODLETTE, as Trustee (hereinafter called "Grantor"), and SHEFFIELD-NAPLES LIMITED
PARTNERSHIP, a Florida linfited partnership (hereinafter called "Grantee"). whose post office
address is: 2043 Trade Center Way, Naples, FL 34109.
WITNESSETH:
That the Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00)
and other valuable consideration to them in hand paid by the Grantee, the receipt and sufficiency whereof
is hereby acknowledged, has granted, bargained and sold to the Grantee, and Grantee's successors and
o assigns forever, the following described land, situate, lying and being in the County of Collier, State of
tu e~ Florida (hereinafter called the Property), together with the tenements and appurtenances thereunto
0 '5 belonging, to wit:
~ z ~ Lots 1, 2 attd 3, Block G, KENSINGTON PARK PHASE THREE-B,
m ~ ...a ONE, according to the plat thereof as recorded in Plat Book 28, Pages 5 and
Oh.u-
~ ~ 6, of the Public Records of Collier County, Florida.
,.. z Tax Folio Numbers: Lot 1:52731003641
rri ~ Lot 2:52731003667
~ ~ Lot 3:52731003683
The above described property is unimproved and vacant land and not the
homestead of Grantor.
SUBJECT TO: real estate taxes for the year 1998 and subsequent years;
restrictions, reservations and easements common to the subdivision provided
none of the same shall prohibit use of the property for single family
residentiai use.
THIS CORRECTIVE DEED is given to correct that certain Trustee's Deed
dated September 16, 1998 and recorded October 2, 1998 in Official Records
Book 2466, at Page 3067, of the Public Records of Collier County, Florida
wherein the plat information for Lots 1, 2 and 3, Block G, was incorrectly
listed as KENSINGTON PARK PHASE ONE.
TO HAVE AND TO HOLD the same in fee simple and to the proper use and benefit forever of
said Grantee. And said Grantor does hereby fully warrant title to said land except as noted above, and
will defend the same against the lawful claims of all persons claiming by, through or under him, but
against none other.
AGENDA ITEM
This Instrument epared~jk
t
Kenneth R. John n. Esq
o,e.,a JjAIJt}PI13 1999
SoaveBlockG.TD 4001 Tamiami Tra ~ North. Suite 300
Corrective (Page 1 of 2) Naples. FL 3410
Pg. /?/
GUY L. CARLTON, C.F. C.
COLLIEP, COUNTY TAX COI.LECTOP,
COUP, THOUSE COI.[PLEX - BUILDII|G C-1
NAPLES, FLOP. IDA 34112-4997
HILL CODE 70 ESCP, OW CODE OOO0
J DUDLEY GOODLETTE TP-
4001 Tin2-1IA~-lI TP, L NOP`TH S~Lite 300 NP~PI.ES FL
TIHE: Th~trsdaAF, Jxu~e 03, 1999 04:59 PM
F~: 9~1649082 ~
}I~.~EP, OF PAGES (INCLUDING THIS PAGE)
1998 COLLIER COMITY NOTICE OF ~ V~O~i T~E ~ llON-~ V~O~i
DISC0~IT ~ID ~ IN NOV ]~b IN DEC 2~ IN J~I 1~ IN FEB 8~
~IB~IT D~ 195. ]B 197.21 199. ~ ~Ol. ~B ~O
V~ AUTH0~ITY ~.IO~IT
ASSESSE~ 1~,655 ~ V~O~I T~S
~IST~ C0~[TY ~9.05
SCHOOL-STATE 80.69
SCH00L-LOC~ J5.58
CITY . OO
DEPE1~E~]T 1 ~. ]7
WATER HGT. 7.68
I/~EP. SPEC~ 16. ~ ~
VOTER ~PR. DEBT .68
I]0H-~ V~0~! ASSES~.~NTS
T~LE 1] ,655 C0~.~I!~D TOT~ 20~. ~1
PROPERTY ID~ 527~1004 ~2 ~
LE~ DISC. ~]]SINGTON P~ P~SE TEE C LOT 19
[0CATION: ]~NSINGTON HIGHST 4
PAID - 0~/~1/99 20~. }1
~CM 22 ~1 6
AUG 0 3 999
..,.: 2410318 0R: 2493 PG: 1277
TRUSTEE'S DEED
TIllS INDENTURE, made on this L~day of December. 1998. between J. DUDLIlY
C, OODLET~, ms Truslee 0~ereimfter callcd 'Gramor*). and SHEFFIELD-NAPLES LIMITED
PARTNERSHIP, m Florida II,,,~ed imrlner~ip (hucinafter called 'G.~mcc'). whose pal olTice
address is: 2043 Trade Cemer Way, Naples, FL 34109.
WITNESSETH:
Thai ihe Gratis, for aM In comid~ralion of the sum ofTEN AND NO/100 DOLLARS ($10.00)
mxl c~h~r valuable considennk~ to I]~m In hand pdd b~ the Gram=c, the n~c~iix and $uft'~cienc~ wbeK'~f
is ~ acimowlndlcd, hu gramed, liarpined and ~old to Ihc Granite, and Grimeo's successorj and
assiB;ns fop~, the followinl described land, slate, lying and beint in the Cotroy of Collier, Slate of
Fiorid~ (bercirnficr called the Prop~y), titether with the lenemems and appurtemnces dlereunlo
belonling. to wil:
/~u 4 lid 5, Black G, K~J~IS]1qGTON PAlIX, fi!ASE THREE-B,
mccordinI to d~ ~ thereor u recadcd in PI,tl }look :~, at PaJes 5 and
6, of d~ Public Records of Collier County. Rori~:
Loll 6, 7, t mild l, ICENSINCTON PARK, PHASE TIIR~F,-C,
3 aceoa~ling Io the plat U~reof as rocc~decl in Plat Book 30. ,,t Pages 19
~ and 20, of t~ Public Records of Collier Coumy,
~ Tax Folio Numbers: Lo~ 4:52731003706
~ Lot 5:52731003722
[x~ 6:5~7310o~o66
L,ol 7: 527310Dt, o80
L~x 8:
L,.xg: 5273100~129
v
The above described pm~cn? is mr<wed and acan~ land and ncx the
home.~nd of Grantor.
SUKFF~T0: real c~atc axes for the year 1999 and subsequent years:
m~ricliom, rescrvalions and ca.~mcms common to the suSdivision
provided none of the r, ame sMII prohibit us~ of the propJay for single
family PSidemiRI use.
TO HAVE AND TO HOLD ~he same in fee simple and to tl~c proper use a~xl benefit forever of
said Gnmee. And aid O~anlc~ does hereby fully warram ~itic to ..aid land except as axed above. and
will defend dR: sam lgaiml Ihc law~JI claims of all perseas claiming by. dsrcmgh or under him.
apimt none oOler.
Tk. Jm,~m,r~ ~
C 'l,~q'wn C4t'deK. ('v4rm~ A lulm,m,m. ¢
.k..-.m ,dc, m v.~ .~,,,i ', .-,,,,,,. t~ N~.~,. t..,,, AGENDA ITEM
lhll I al Z) Nllltm FL
3 1999
· " *** OR: 2475 PG: 2391
· IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this
instrument the day and year first above written.
Signed, Sealed and delivered
'-
Printed Name://~ ~_~/(//"""'~Z~ ~/e'd/77~ (~ J. Dudley Goodlette, as Trustee
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING INSTRUMENT was acknowledged before me on this ~:~ da of
October, 1998, by J. DUDLEY GOODLETTE, as Trustee, who is personally known to me.
State of Florida at Large
My Commission Expires:
(Notary Seal)
MY COMMISSION # CC 726994
EXPIRES: April 16, 2002
:'4;~.:<~:~ s~ N~ P~ u.~,,~
AGEND ArT,
C:,K~,Ken,,.~,on AUG 0 3 1999
SoaveBIockG .TD
Corr~fiv¢ (~a6¢ 2 of 2)
24580]9 OR: 2531 PG: 1719 co.s
TREISBR KOBZA I~T AL RECORDBE] in the OFPlCIAL RECORDS of COLLIER COUNTY, ~[L RBC [l{E 10.50
~.__ 400I TAMIAMI TR N {330 04/06/1999 at 07:59AM DWIGHT E. BROCK, CLERK k.J~-.70 4165.00
NAPLES [L 34103
TRUSTEE' S DEED ,,.. ,--~ j -. :':
THIS INDENTURE, made on this.,:~-~t'~ day of March, 1999, between J. DUDLEY
GOODLETTE, as Trustee (hereinafter called "Grantor"), and SHEFFIELD-NAPLES LIMITED
PARTNERSHIP, a Florida limited partnership (hereinafter called "Grantee"), whose post office
address is: 2043 Trade Center Way, Naples, FL 34109.
WITNESSETH:
That the Grantor, for and in consideration of the sum ofTEN AND NO/100 DOLLARS ($10.00)
and other valuable consideration to them in hand paid by the Grantee, the receipt and sufficiency whereof
is hereby acknowledged, has granted, bargained and sold to the Grantce, and Grantee's successors and
assigns forever, the following described land, situate, lying and being in the County of Collier, State of
Florida (hereinafter called the Property), together with the tenements and appurtenances thereunto
belonging, to wit:
Lots 16, 17, 18, 19, 20, 21 and 22, KENSINGTON PARK, PHASE
THREE-C, according to the plat thereof as recorded in Plat Book 30,
at Pages 19 and 20, of the Public Records of Collier County, Florida.
Tax Folio Numbers: Lot 16: 52731004268
Lot 17: 52731004284
Lot 18: 52731004307
Lot 19: 52731004323
Lot 20: 52731004349
Lot 21: 52731004365
Lot 22: 52731004381
The above described property is unimproved and vacant land and not the
homestead of Grantor.
SUBJECT TO: real e~mte taxes for the }'ear 1999 and subse,,uent years;
restrictions, reservations and easements common to the subdivision
provided none of the same shall prohibit use of the property for single
family residential use.
TO HAVE AND TO HOLD the same in fee simple and to the proper use and benefit forever of
said Grantee. And said Grantor does hereby fully warrant title [o said land except as noted above, and
will defend the same against the lawful claims of all persons claiming by, through or under him, but
against none other.
This Instrument Pro red By: AGF..NDA ITEM
Kenneth R. lohnso~ Esq.
C',KRJ'/Kcnsin~ton Gcx',dlctm. Coleman, Johnson. P.A.
o ,h. ljl ] 3 1999
(Page I of 2) Naples. FL 34103
Pil./'o
·-~'" * *** OR: 2493 PG:' 1278
IN WITNESS WHEREOF, :he undersigned Grantor ~s duly executed and d:livestd this
irezmmenl the day and year first above wrinen.
Sigmd. Sealed and delivered
in the Pteseste of:
"'
STATE OF FLORIDA
COUNTY OF COLLIER
TIlE T~RF. Cd3ZNG INSTRUMENT WAS ACKNOWLEDGED before me on ~his/~y of
Detanttr, 1998, by J. DUDLICY GOOD/J~TTEq as Trtmee, who is personally know;~ ~o me.
State of I-1., .do at Large
My Commission Expires:
(Notat,/Seal)
1999
,,.//
Ust.ofAd_iacent ~Prc~enLv' ~
A) Lots 18 and 19, Block G, Phase 3C
Tract "A' & "B" of Kensington Park Phase 3C, PB 30, PO 20
2700 Pine Ridg~ Road
Naples, FL 34109
Tract GC2" of~n Park Phase One, PB 21, POS 62-27
Kensington Golf & Country Club, Inc.
2700 Pine Kidge Road
Naples, FL 34109
Phas~ I of Wellington Place st K~ A Condomin/um, Tract B, Lots 1-12
AtBatemau
4375 Dover Court, S~te 102
Naples, FL 34105
""~ B) Lots 4 & S, Block G, Phase 3B, Kev~ipgton Park
Tract "GC2' of Kensington Park Phase 1
Kensington 6olf & Country Club, Inc.
2700 Pine Ridge Road
Naples, FL 34109
Tract "R' of Kensington Park Phase 3B
KensinS~n Park Master Association
2700 Pine Ridge Road
Naples, FL 3410g
Tract "7" orion Park Phase 3B
Kensington Golf & Country Club, Inc.
ZT00 Pine Ridge Road
Naples, P'L 34109
Lot 1 of Block F, Ptmse 3B
Mr. sad Mrs. S~vc'rino J. Salazvr
4192 Kensington Hjp;,h Street
Naples, FL 34105
Tract 104.02, Section 13, Township 49S, Kan~e 25E
! "' Hiwasse, Inc. An~on 8teln~
2700 Pine Ridge Road 2700 Pine Ridge Road AG~rJ~A ITEM
Naples, FL 34109 Naples, FL 34109
~ c~v 'n~ ~6~F_ ~ ~6 I ~ ~OI~ISN~ 0~ :60 66/~0/90
IN W|TNESS WHEREOF, ~he unders~Sned Gramor has duly execmed and delivered ~h~s
~ns[mmen[ ~he day and year firs[ above
S~ned, Sealed and delivered
~n [he Presence
Printed Name~
' , : J. Dudley Goodlette, as Trustee
Printed Name: ~1 V~L,-1 ~ ,) C L. ~ ,~ [~
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED before me on thi:~r/~'day of
March, 1999, by J. DUDLEY GOODLETTE, as Trustee, who is personally known to me.
State of Florida at Large
My Commission Expires:
(Notary Seal)
AC.~d~IiZ
AUG 0 3 1999
SoaveBiockG .TD
(Page2of2) P'g-/9
V',~ C. c:j,.~_ dP.l'~
COU.,IBR COUNTY 60V E, NT
(e}d ~) 'Y'7,1-Rdg4
FAX: (94 |) 774-,S37S
- ~_. ..
M;ty 28, !
T~+ Whom it May Concern
Re: Vacation oF Drainage Easement
This L)~-~tmemt has no obj~,ction to the vacation and dedication of rcplaee4n~-nt drainage
e, as~n~nls cm Lots 4 and 18, Block "C;" PhM~ 3B and 3C of th~ PIm of IConsington Pezk,
and the dedication oFan additional ~l' of'drah~,ge easement on I.,ot Id)o Block "CI" Phase
3C oFth~ Plat of Kensington Fdrk. ': .....
Vecy tndy yours,
F, dwttrd J. . ~.":.
.... ]}irectnr
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
Planning Services Department
2800 North Horseshoe Drive
ENGINEERING REVIEW SECTION Naples, Florida 34104
May 26, 1999
Mr. Dwight Nadeau -4/=- ~ ~ -2: ~
McAnly Engineering
5435 Park Central Court
Naples, FL. 34109
Re: Letter of No Objection
Drainage Easement Vacation / Grants of Replacement Easements
Kensington Park Phase Three-B, Block G, Lot 4; Kensington Park Phase Three-C, Lots 1 g & 19
Dear Mr. Nadeau:
We have reviewed the information submitted to us as justification for the above referenced request, and
have no objection to the vacation and grant of new easements.
This approval is granted with the following stipulations:
1. All other easement holders must be notified and written concurrence must be obtained from them for
the encroachment.
2. If maintenance of the easement or of structures within the easement is the responsibility of a
homeowner's organization, written approval must be obtained from that entity.
3. If, at any time in the future, the encroachment must be removed from within the easement to
facilitate a required maintenance activity, Collier County will bear no responsibility for replacement
of the structure.
4. This does not vacate or abrogate the County's interest in the easement area. The only way to
accomplish that is through a formal vacation of the subject area by the Board of County
Commissioners.
If you should have any questions, please feel free to contact us at 403-2471.
John R. Houldsworth .,._St \
cc: John Boldt, P.E., Water Management Director
Tom Kuck, P.E., Engineering Review Manager
Steve Nagle, South Florida Water Management District
AGF, NDA ITEM
~x
AU° O
Phone (941) 403-2400 Fax (941) 643-6968 wv ~'.co.co!Yier. fi'.uig99
4'192 Kensington
Naple~ FI 34109
General Letter of No Objection
May2S, T9~9
Mr, & Mrs. SNazar hive no objection to the above-proposed vacate'On.
AGENDA ITEM
~-O~S "[r4dt Cel~ter Way · Naples, ~'lorlela 34109 - g~Z-591-1116 · Fa~ 9A~-Sgl-B6G9 · w~w,jo ~soaveTc~m
Pg- 2~ ....
~Od 6~ '~ B6~[ E6g T~6 T ~ NOI~ISNB~ ~:PZ
PUBLIC WORKS DIVISION 3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
May 26, 1999 (941) 732-2575
FAX: (941) 732-2526
Dwight Nadeau
McAnly Engineering and Design Inc.
5435 Park Central Court
Naples, FI 34109
Dear Mr. Nadeau:
This correspondence is to confirm my no objection to the vacation of drainage easements
between Lots 3 and 4, Block G, Phase Three-B, Kensington Park Subdivision, and
between Lots 18 and 19, Block G, Phase Three - C, Kensington Park Subdivision.
Sincerely,
John H. Boldt, P.E., P.S.M.
Stormwater Management Director
JHB/mts
Doc: JHB- LETTERS
AGENDA [TF.,k,
AUG O 3 1999
Pg. ~
HIAWASSEE, INC.
May 25, 1999
To Whom It May Concern:
This is to confirm a letter of no objection for the vacating of the drainage easement
between lots 3 and 4, Block G, Phase 3B Kensington Park Sub-Division, and between
lots 18 and 19, Block G, Phase 3C Kensington Park Sub-Division.
Thank you for giving us the opportunity to submit this letter of no objection·
Respectfully,
gan
AGENDA iTEM
AU~ 0 3
June 2, 1999 v~ C ~-c~ i 7_.
To Whom It May Concern:
Re: Vacation of Drainage Easement
As Owner/Developer of Wellington Place at Kensington Community, which
consists ofLots 1 - 12 of Tract E, we have no objection to the vacation and
dedication ofr~placernent drainage easements on Lots 4 and 18, Block "G"
Phases 3B and 3C of the Plat of Kensington Park, and th~ dedication of an
additional 4' ofdrainage easement on Lot 19, Block "G" Phase 3C of the
Plat of Kensington Park.
Vary truly yours,
A! Bateman,
For Wellington Phce at Kemington, Ltd.
4375 Dov~ Conre' · Sur'~ 102 · NAPLv. s, FLORIDA 34105 · (941) 430-1012 · FAx (941) 430-1947
06'03'1cJc39 09: 35RM Ae-,EN(>A ITEM
AUG 0 3 1999
KENSINGTON PARK
MASTER ASSOCIATION
May 25, 1999
To Whom It May Concern:
-"' This is to confirm a letter of no objection for the vacating of the drainage easement
between lots 3 and 4, Block G, Phase 3B Kensington Park Sub-Division, and between
lots 18 and 19, Block G, Phase 3C Kensington Park Sub-Division.
Thank you for giving us the opportunity to submit this letter of no objection.
Respectfully,
President
~/~
AUG 0 3 1999
pg. ,;2o~'
GOLF & COUNTRY CLUB
May 25, 1999
To Whom It May Concern:
This is to confirm a letter of no objection for the vacating of the drainage easement
between lots 3 and 4, Block G, Phase 3B Kensington Park Sub-Division, and between
lots 18 and 19, Block G, Phase 3C Kensington Park Sub-Division.
Thank you for giving us the opportunity to submit this letter of no objection.
Respectfully,
an
Country Club.
· . . er
AGF, NOA
NO,/'/'~"
AUG 0 3 1999
2~oo P,',,c ~;d,2c Iib~Td · ,~p/cs, F/or;d~, 34109
cl.l,l~o~,.~ (041) 040-.i44c~ · (;o!f Pm .qlwp (o,ll) o40-0071 · 3f~,.~,.sl~;p (041) 04 )-0~. ~
TRACT "D' -
PLAT BOOK 21 '
PAGES 62 THROUGH 67
TEMPORARY ACCESS EASEMENT 5
DETAIL A / 3o'x 3o' c.u.E. ,ECOeDED ~N ]'
L7 O.R. BOOK ~ PAGES ~
THROUGH ~ INCLUSIVE
TRACT "GC2" [~:', f;-~- ~%~;~ ~ ~
PLAT BOOK 21
PAGEB 62 THROUGH 67
GOLF COUR~, LAKE MAINYENANCE,
.-"',CCESS AND DRAINAGE EASEMENT
15'D.E.. ( 15'D.E.
S[[ DETAIL A ~ SEE DETAIL B
.. ..oo..
" ' ~1~ '" ~ ~ ~ :'~ ' ' '1'
-tAT BOOK 21 ~
EASEMENT , .1~)' 50.1"'0' 50,1'0' 50,"'~' 5Q.0""'b'[ [5'~'~
241.00' 88.29'
~ SO0"'Qg'47'E TRACT "R" S00'09'47'E
b 296.00' 143.31'
L.2 ~ 211.00' 73.34'
I-.,,,:,.., t ,.- t
275.00' ,
.... ' ~"[ r: SO0'09'47'Ey
73,36'
_ z
~ FP&L
~J TRANSMISSION LINE
Z --'--, EASEMENT ~
~ ~. O.R. BOOK 4.35 PAGE 15 O ~ b AGENDAITEM
O.R. BOOK 162 PAGE 205 (Z) d
-'J ~ O.R. BOOK 163 PAGE 311 }~ o~ NO,
O.R. BOOK 504 PAGE 455
o.~. soo~ ,,2 PAGES ~, '- ~ Z I~ -~ 1999
F' ~,1 " AU3 0
:o ~n pg.
""""" (Z) ,:"":' (D"
~'~ [LAKE 9]
EATONNOOO LANE
'r~U:T 7
4
1,.
7~ nun,
(LAKE B)
rt~r
...... ~ ......
e (LAKE 73
~:~.~ .... .. r~ I
..' ~
9
~ ~¢ ~ A~AI~~'
4~ ~5~ 6~:m7~ g~ 10; tla
"~r""' .... AUG O 3
r~ n KENSINGTON HIGH STREET
EXECUTIVE SUMMARY
PETITION V-99-15, SAMI SAADEH REQUESTING A 5 FOOT VARIANCE FROM THE
REQUIRED 5 FOOT REAR YARD SETBACK ESTABLISHED FOR ACCESSORY
STRUCTURES TO 0 FEET TO ACCOMMODATE A POOL AND SCREEN
ENCLOSURE FOR A PROPERTY LOCATED ON NAPA RIDGE WAY AND FURTHER
DESCRIBED AS LOT 12, NAPA RIDGE SUBDIVISION UNIT II IN THE VINEYARDS
PUD.
OBJECTIVE:
The petitioner is requesting the above described variance in order to build a pool and
screen enclosure with no rear setback.
CONSIDERATIONS:
The petitioner wishes to build a single family patio home on the subject lot. This end lot
is around 10 to 15 feet shorter than other lots within the subdivision. The PUD
..,._., Document requires a 5 foot rear yard setback for accessory uses such as pool and pool
enclosures. In order to build a house similar in size to others within the subdivision the
owner is requesting a reduction of the setback to zero feet.
This lot abuts a golf course in the rear. Most of the current PUDs have no setback when
the lots abut golf courses or lakes. However, this PUD which is of an earlier' era
contains a 5 foot setback from the golf course.
The Collier County Planning Commission reviewed this petition on July 15, 1997 and by
a unanimous vote recommended approval.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
None.
HISTORIC/ARCHAEOLOGICAL IMPACT;
Staffs analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
/"" required.
AUG 0 3 1999
PLANNING COMMISSION RECOMMENDATION:
That the Board of Zoning Appeals approve V-99-15.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
REVIEWED BY:
. ~., , V" ~'~1 ~-.--~,
CURRENT PLANNING SECTION
/M/"/q--x_ 7-
ROBERT J. MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES
APPROVED BY:
'3 4 /"'
VINdENT A. CAUTERO, AICP, ADMINISTRATOR DAt'E '
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
.,,.
AUG 0 3 1999
2
AGENDA ITEM 7-D
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
DATE: JUNE 25, 1999
RE: PETITION V-99-15
AGE NTIAPP LICANT:
Sami Saadeh
5995 Tenth Avenue S.W.
Naples, FL. 34116
REQUESTED ACTION:
The petitioner requests a 5 foot variance from the required 5 foot rear yard setback
established for accessory structures to 0 feet to accommodate a pool and screen
enclosure.
GEOGRAPHIC LOCATION:
The subject property is located on Napa Ridge Way and is further described as
Lot 12, Napa Ridge Subdivision Unit II in the Vineyards PUD.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioner wishes to build a single family patio home on the subject lot. This end lot
is around 10 to 15 feet shorter than other lots within the subdivision. The PUD
Document requires a 5 foot rear yard setback for accessory uses such as pool and pool
enclosures. In order to build a house similar in size to others within the subdivision the
owner is requesting a reduction of the setback to zero feet.
This lot abuts a golf course in the rear. Most of the current PUDs have no setback when
the lots abut golf courses or lakes. However, this PUD which is of an earlier era
contains a 5 foot setback from the golf course.
SURROUNDING LAND USE AND ZONING:
Subject property: Vacant; zoned PUD ..
AGF. NDA ~TE~
Surrounding: North - Residential single family dwelling; zoned PUD No,
East - Residential single family dwelling; zoned PUD
AUG 0 3 1999
South - Residential single family dwelling; zoned PUD
West - Golf course; zoned PUD
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner"s property is not located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or
waiver is not required.
EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND
ENVIRONMENT:
Approval of this variance request will have no effect on infrastructure, transportation or
the environment.
ANALYSIS:
Section 2.7.5 of the Land Development Code grants the authority to the Board of
Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA
and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general
guidelines to be used to assist the Commission in making a determination. Responses
to the items in Section 2.7.5.6 are as follows:
a. Are there special conditions and circumstances existing, which are peculiar
to the location, size and characteristics of the land, structure or building
involved?
Yes, this lot is at least 10 feet shallower than other lots within the subdivision.
Additionally, the lot abuts the golf course and therefore, from a practical sense
does have an unencumbered view for some appropriate distance.
b. Are there special conditions and circumstances, which do not result from
the action of the applicant such as pre-existing conditions relative to the
property, which is the subject of the variance request?
Yes, the applicant purchased an existing lot which was not of similar size to allow
the construction of a patio house similar to other existing homes in the
subdivision. _
c. Will a literal interpretation of the provisions of this Land Development Code
work unnecessary and undue hardship on the applicant?
ro AITF,~
A literal interpretation of the PUD document will prohibit the owner of th~ p ~.~'~/~'/-X'
from the construction of a swimming pool in the backyard.
AUG 0 3 1999
2
L
d. Will the variance, if granted, be the minimum variance that will make
possible the reasonable use of the land, building or structure and which
promote standards of health, safety and welfare?
No, a variance is not necessary to make possible the reasonable use of the land.
This lot is large enough to allow the construction of a single family residence;
however, there is not enough room to build a pool in the backyard.
e. Will granting the variance requested confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings,
or structures in the same zoning district?
Yes, this variance will allow the petitioner to reduce the rear yard to zero; however,
as discussed above, this lot abuts a golf course and most golf course lots in
different PUDs enjoy zero foot setback from golf course because the
unencumbered view of the golf course obviates the need for tract line setback
requirement.
f. Will granting the variance be in harmony with the general intent and purpose
--- of this Land Development Code, and not be injurious to the neighborhood, or
otherwise detrimental to the public welfare?
No, granting of this variance will reduce the amount of the required yard, which will
not be in harmony with the general intent and purpose of the LDC. However,
approval of this request will not be detrimental to the public welfare.
g. Are there natural conditions or physically induced conditions that ameliorate
the goals and objectives of the regulation such as natural preserves, lakes,
golf courses, etc.?
Yes, this is a golf course lot, and if this variance is granted, this residence
will not look any different than any other residence in the subdivision.
h. Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
STAFF RECOMMENDATION:
Due to the fact that the lot abuts a large golf course and' most other PUDs
have no setback requirements from golf courses, staff recommends that the
CCPC forward this petition to the BZA with a recommendation for appr< .val. AGaNDA ~rr.M
3 AUG 0 3 1999
PREPARED BY:
Chahram Badamtchian, Ph.D., AICP DATE
Principal Planner
ALD F, NINO, AICP DATE
CURRENT P~NNING ~ANAGER
E;~OB~ET~J. MULHERE, AICP DATE
PLANNING SERVICES DIRECTOR
APPROVED BY:
VINCENT A, CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR
Petition Number: V-99-15
Staff report for the July 15,1999 CCPC meeting.
This Petition has been scheduled for the August 3, 1999 BZA Public Hearing.
Collier County Planning Commission:
MICHAEL J. BRUET, CHAIRMAN
AGEN~A I'FEI~,
AUS 0 3 1999
z RESOLUTION NO. 99-
2
3 RELATING TO PETITION NUMBER V-99-15.
4 FOR A VARIANCE ON PROPERTY
s HEREINAFTER DESCR/BED IN COLLIER
~ COUNTY, FLORIDA.
'7
9 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
x0 has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
x~. and such business regulations as are necessary for the protection of the public; and
~2 WHEREAS, the County pursuant thereto has adopted a Land Development Code
~-3 (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
.z4 divisions of the County, among which is the granting of variances; and
xs WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
~s the area hereby affected, has held a public heating after notice as in said regulations made and
~7 provided, and has considered the advisability of a 5-foot variance from the required rear yard
~8 setback of 5 feet to 0 feet established for accessory structures as shown on the attached plot
x5 plan, Exhibit "A", in a PUD Zone for the property hereinafler described, and has found as a
~ 20 matter of fact that satisfactory provision and arrangement have been made concerning all
2~ applicable matters required by said regulations and in accordance with Section 2.7.5 of the
22 Zoning Regulations of said Land Development Code for the unincorporated area of Collier
23 County; and
24 WHEREAS, all interested parties have been given opportunity to be heard by this
2 s Board in public meeting assembled, and the Board having considered all matters presented;
26 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
27 of Collier County, Florida, that:
2 s The Petition V-99-15 filed by Sami Saadeh, representing himself, with respect to the
2 ~ property hereinafier described as:
30
3x Lot 12, Napa Ridge Unit Two Replat. as recorded in Plat Book 21,
32 Pages 55 through 56, of the Public Records of Collier County,
33 Florida.
34
3s be and the same hereby is approved for a 5-foot variance from the required rear yard setback
36 of 5 feet to 0 feet established for accessory structures as shown on the attached plot plan,
37 Exhibit "A", of the PUD Zoning District whereifi said property is located
3s BE IT RESOLVED that this Resolution relating to Petition Number V-99-15 be
39 recorded in the minutes of this Board.
AGENDA ITEM
AUS 0 3 1999
-1-
~ This Resolution adopted after motion, second and majority vote.
3 Done this day of ,1999.
s ATTEST: BOARD OF ZONING APPEALS
s DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
8
9
~.o PAMELA S. MAC'KIE, Chairwoman.
Approved as to Form and Legal Sufficiency:
14
16 Marjorie M. Student
~ 7 Assistant County Attorney
19 g/admin/~efifionAt-99-15/ RESOLUTlON
20
2!
AUG g 3 1999
-2-
VARIANCE PETITION
(VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR Z
Petition No. Date Petition Received:
ABOVE TO BE COMPLETED BY STAFF
GENERAL INFORMATION:
Petitioner's Name: SA~ SAADEH
Petitioner's Address: 5995 TENTIt AVENIlE S.W.
NAPLES, FL 34116 Telephone: (941) 353-6444
Agent's Name: Same as above.
Agent's Address:
Telephone:
COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING
SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
AGENDA ITEM
PHONE (941) 403-2400/FAX (941) 643-6968
AUE 0 3 1999
Application for Variance Petition - 8/98 Page 1 of 8
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary)
Name of Homeowner Association: NAPA RIDGE PATIO HOHES
Mailing Address 4148A Corporate Square City Naples State FL Zip 34104
Name of Homeowner Association:
Mailing Address City State __ Zip.
Name of Homeowner Association:
Mailing Address City State __ Zip.
Name of Master Association: VINEYARDS CO/41tIJNITY ASSOCIATION
Mailing Address 98 Vineyards Blvd. City Naples State FL Zip 34119
Name of Civic Association: N/A
Mailing Address City State __ Zip
PROPERTY DESCRIPTION:
Legal Description ofSubject Property: Lot 12, Napa Ridge Unit hro Replat
Subdivision: Napa lUdge Unit II Lot (s) 12 Block (s) N/A
Section 8 Twp. 495 Range 26E Property I.D. #
Metes & Bounds Description: N/A
AGENDA ,. .,
AUG 0 3 1999
Application for Variance Petition - 8/98 Page 2 of 8
Address of Subject Property: 104 Napa R~dge Way, Naples, FL 34119
(If different from Petitioner's address)
Current Zoning and Land use of Subject Parcel: Single-f~m4 ly Residential Lot
Adjacent Zoning & Land Use:
N Residential
S Residential
"' W Golf Course
E Residential
Minimum Yard Requirements for Subject Property:
Front: 15' Comer Lot: Yes [] No []
Side: 5' Waterfront Lot: Yes [] No []
Rear: 15'
AC~NDA
AUG O 3 1999
Application for Variance Petition - 8/98 Page 3 of
Nature of Petition
Provide a detailed explanation of the request including what structures are existing and what is
proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from
25' to 18'; when property owner purchased property; when existing principal structure was
built (include building permit number (s) if possible); why encroachment is necessary; how
existing encroachment came to be; etc.
The single-family patio lot is currently vacant. The lot is at the end of
the street, and it backs into the Vineyards South Golf Course. The subdi-
vision is such that the lot is on a bend and this situation caused the lot
to be about 10' shorter than most similar lots in the neighborhood. The
petition is requesting to get relief from the 5' accessory setback to 0'
to allow for a small-size pool and deck to fit on this lot. The lot again
backs into the golf course property and will not have any impact on anyone
whosoever. I respectfully request approval of this variance request.
AGE. NDA ITF. j,
AUG 0 3 1999
Application for Variance Petition - 8/98 Page 4 of
Please note that staff and the Collier County Planning Commission shall be guided in their recommendafic~n to the
Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or
deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if
necessary.)
1. Are there special conditions and circumstances existing which are peculiar to the location, size and
characteristics of the land, structure, or building involved.
Since the lot is smaller than most lots in the neighborhood; it
does not vatrant a pool deck of any usable' size; and since the
property backs onto the 1~o1£ course, there is no hardship on anyone's
part and ~rlll assist the petitioner in/~aproving the lot.
2. Are there special conditions and circumstances which do not result from the action of the applicant
such as pre-existing conditions relative to the property which is the subject of the variance request.
There are no preexisting conditions and the lot is currently
.A unimproved.
3. Willaliteralinterpretationoftheprovisionsofthiszoningcodeworkunnecessary andundue
h~dshipon theapplicantorcreatepracficaldifficultieson theapplicant.
Yes, the current situation creates a hardship in developing the
property, The 5' variance ~rill help,
4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of
the land, building or structure and which promote standards of health, safety or welfare.
Yes. I am requesting 5' relief from the current regulations,
Ny intent is to place a pool and a ~mall deck 0u l;he property,
AGENDA ITEM
/7//
Application for Variance Petition - 8/98 Page 5 of 8 AUG
,g.
5, Will granting the variance requested confer on the petitioner any special privilege that is denied by
these zoning regulations to other lands, buildings, or structures in the same zoning district.
No. None whatsoever.
6. Willgranting theva~ancebe in harmony with the intentandpurposeofthiszoningcode, andnotbe
injuriousto theneighborhood, oro~erwisedetrimenmlto ~epublic welhre.
Yes. This variance vaill have no negative i~pact on anyone
whatsoever.
7. Are therenamralcondi~onsorphysically inducedconditions ~atameliorate thegoalsand
objec~vesoftheregulationsuchasnaturalpreserves, lakes, golfcourse, etc.
No, but the property is adjacent to the golf course and con-
sistent with generally accepted standards.
8. Will granting the variance be consistent with the growth management plan.
Yes.
AGEM~)A ITEM
AUG 0 3 1999
Application for VB~i~nce ~eti(ion - B/g8 ~a~e ( o{ 8
VARIANCE PETITION
APPLICATION SUBMITTAL CHECKLIST
THIS CONIPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
R E Q UIR EMEN TS # o F
COPIES REQUIRED
1. Completed Application 15
2. Completed Owner/Agent Affidavit, Notarized 1
3. Pre-application notes/minutes 15
4. Survey of property, showing the encroachment 1
(measured in feet)
5. Site Plan depicting the following: 15
a) All property boundaries & dimensions
'- b) All existing and proposed structures (labeled as such)
c) North arrow, date and scale of drawing
d) Required setbacks & proposed setbacks
6. Location map depicting major streets in area for 1
reference
7. Application fee, checks shall be made payable to _
Collier County Board of Commissioners
8. Other Requirements - _
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may
result in the delay of processing of this petition.
~'~ZL.Ft') LS~e-~'} June 21~ 1999
Applicant/Agent Signature Date
n,,. ,/7/7' .
Application for Variance Petition- 8/98 Page 7 of s AUG 0 3 1999
[ii/I, Sand_ Saadeh 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.
We/I understand that the information requested on this application must be complete and
accurate and that the content of this form, whether computer generated or County printed shall
not be altered Public hearings will not be advertised until this application is deemed complete,
and all required information has been submitted.
As property owner ~"~'dl further authorize Sami Saadeh to act
as our/my representative in any matters regarding this Petition.
Signature of Property Owner Signature of Property Owner
Sami Saadeh
Typed or Printed Name of Owner Typed or Printed Name of Owner
The foregoing instrument was acknowledged before me this _21at__ day of .h,.,. ,
19 99, by Sam1 Saadeh who is personally known to me or has produced
N/A as identification.
County of Collier;' ~C '~}~' s:~,.',-~, .,;~. '.~,,:: Florida)
Z'c, rmr::ss~on No. '2C 59~j24 .'
5: '~' ....*""~fv C~,mmission E:~p. !2.,"2122;:~'~ ~:5 (Print, Type, or Stamp Com
, ,. -~.. '.:..,:.~ s--,,~, ~ ....~ ......"Name of Nota~ PubliO
Application for Variance Petition - 8/98 Page
EXECUTIVE SUMMARY
PETITION V-99-11, JOHN SISSMAN REQUESTING A 27 FOOT AFTER-THE-FACT
VARIANCE FROM THE REQUIRED 30 FOOT SIDE YARD SETBACK TO 3 FEET ON
THE SOUTH SIDE OF AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT
425 COCOHATCHEE BOULEVARD IN SECTION 22, RANGE 25 EAST, TOWNSHIP
48 SOUTH, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
The petitioner is requesting the above described variance in order to remove the
existing setback violations caused in `1973.
CONSIDERATIONS:
The petitioners purchased the subject residence in 1974. The residence was built in
'1973 (Permit # 73-189`1). The residence was built with a 3 foot side yard setback. In
`1974 this residence was inspected and a final Certificate of Occupancy was issued.
The house was subsequently sold to the present owner. The applicant did not know
about the encroachments until recently when he contacted the Planning Services staff
to explore different possibilities with the property. The applicant is requesting this
variance in order to remove a 25 year old violation.
The Collier County Planning Commission reviewed this petition on July 15, 1997 and by
a unanimous vote recommended approval.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
None.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is
required.
PLANNING COMMISSION RECOMMENDATION:
That the Board of Zoning Appeals approve V-99-11.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
PRINCIPAL PLANNER
REVIEWED BY:
A ~/~ R DATE
· RONALD F. NINO, AICP, MAI';,I GE ~
CURRENT PLANNING SECTION
F~OBERT J. MULHERE, AICP, DIRECTOR DATE
PLANNING SERVICES
APPROVED BY:
VINCENT A. CAUTERO, AICP, ADMINISTRATOR DA'fE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
AG$.~DA ITEM
No.~
AUG 0 3 1999
AGENDA ITEM 7-C
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
DATE: JUNE 21, 1999
RE: PETITION V-99-11
AGENT/APPLICANT:
John Sissman
425 Cocohatchee Boulevard
Naples, FL. 34110
REQUESTED ACTION:
The petitioner requests a 27 foot after-the-fact variance from the required 30 foot side
yard setback to 3 feet on the south side of a single family residence.
GEOGRAPHIC LOCATION:
The subject property is located at 425 Cocohatchee Boulevard in Section 22, Range 25
east, Township 48 south, Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The petitioners purchased the subject residence in 1974. The residence was built in
1973 (Permit # 73-1891). The residence was built with a 3 foot side yard setback. In
1974 this residence was inspected and a final Certificate of Occupancy was issued.
The house was subsequently sold to the present owner. The applicant did not know
about the encroachments until recently when he contacted the Planning Services staff
to explore different possibilities with the property. The applicant is requesting this
variance in order to remove a 25 year old violation.
SURROUNDING LAND USE AND ZONING:
Subject property: Single family residence; zoned Estates
AG~A ITEM
Surrounding: North - Golf course; zoned PUD
AUG 0 3 1999
,,o.-.~, ., 0 3 1999
pg./-/(
East - Single family residence; zoned Estates
South - Vacant; zoned Estates
West - Single family residence; zoned PUD
HISTORIC/ARCHAEOLOGICAL IMPAGT:
Staff's analysis indicates that the petitioner's property is not located within an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, an Historical/Archaeological Survey and Assessment or
waiver is not required.
EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND
ENVIRONMENT:
Approval of this variance request will have no effect on infrastructure, transportation or
the environment.
ANALYSIS:
Section 2.7.5 of the Land Development Code grants the authority to the Board of
Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA
and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general
guidelines to be used to assist the Commission in making a determination. Responses
to the items in Section 2.7.5.6 are as follows:
a. Are there special conditions and circumstances existing, which are peculiar
to the location, size and characteristics of the land, structure or building
involved?
No, this is a typical single family house built in a typical Estate zoned lot.
b. Are there special conditions and circumstances, which do not result from
the action of the applicant such as pre-existing conditions relative to the
property, which is the subject of the variance request?
Yes, the applicant purchased an existing house which was built in 1973. The
current owners did not cause the violation and purchased the residence unaware
of the setback encroachment.
c. Will a literal interpretation of the provisions of this L~nd Development Code
work unnecessary and undue hardship on the applicant?
There is no land-related hardship. Denial of this variance would caus =, ~n~nni~l
AGENDA ITEM
hardship to the Petitioner. No.~
AL'3 0 3 1999
Pg.
d. Will the variance, if granted, be the minimum variance that will make
possible the reasonable use of the land, building or structure and which
promote standards of health, safety and welfare?
Yes, the structure is existing and therefore would be the minimum variance
required.
e. Will granting the variance requested confer on the petitioner any special
privilege that is denied by these zoning regulations to other lands, buildings,
or structures in the same zoning district?
Yes, this variance will allow the petitioner to have a smaller side yard than would
be permitted for a similar lot in the Estates zoning district.
f. Will granting the variance be in harmony with the general intent and purpose
of this Land Development Code, and not be injurious to the neighborhood, or
otherwise detrimental to the public welfare?
No, granting of this variance will reduce the amount of the required yard, which will
not be in harmony with the general intent and purpose of the LDC. However,
approval of this request will not be detrimental to the public welfare.
g. Are there natural conditions or physically induced conditions that ameliorate
the goals and objectives of the regulation such as natural preserves, lakes,
golf courses, etc.?
No.
h. Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
STAFF RECOMMENDATION:
Due to the fact that the residence was permitted and built according to the
permit 25 years ago and no one has ever complained about the
encroachment, staff recommends that the CCPC forward this petition to the
BZA with a recommendation for a conditional approval.
AGENDA ITEM
3 0 3 1999
Pi- ('
PREPARED BY:
Chahram Badamtchian, Ph.D., AICP DATE
Principal Planner
EWED B ·
'RONALD F. NIN ,'~)CP DATE
CURRENT PLANNING MANAGER
RdBE/'hT J. MULHERE, AICP DATE
PLANNING SERVICES DIRECTOR
AP~D~Z~: ~/~ ~; - "~'-
VINCENT A. CAUTERO, AICP DATE
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR
Petition Number: V-99-11
Staff report for the July 15,1999 CCPC meeting.
This Petition has been scheduled for the August 3, 1999 BZA Public Hearing.
Collier County Planning Commission:
MICHAEL J. BRUET, CHAIRMAN
AGENDA ITEI~
AU3 0 3 1999
--- ~. RESOLUTION NO- 99-
~ RELATING TO PETITION NUMBER V-99-1 I,
4 FOR A VARIANCE ON PROPERTY
s HEREINAFTER DESCRIBED IN COLLIER
s COUNTY, FLORIDA.
7
9 WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes,
xo has conferred on all counties in Florida the power to establish, coordinate and enforce zoning
n and such business regulations as are necessary for the protection ofthe public; and
n WHEREAS, the County pursuant thereto has adopted a Land Development Code
~3 (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic
x4 divisions of the County, among which is the granting of variances; and
xs WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
x~ the area hereby affected, has held a public hearing after notice as in said regulations made and
x7 provided, and has considered the advisability of a 27-foot after-the-fact variance from the
~s required side yard setback of 30 feet to 3 feet as shown on the attached plot plan, Exhibit "A",
x 5 in an Estates Zone for the property hereinafter described, and has found as a matter of fact that
~ 20 satisfactory provision and arrangement have been made concerning all applicable matters
2~ required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations
22 of said Land Development Code for the unincorporated area of Collier County; and
23 WHEREAS, all interested parties have been given opportunity to be heard by this
24 Board in public meeting assembled, and the Board having considered all matters presented;
2s NOW THEEFOE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS
2 s of Collier County, Florida, that:
27 The Petition V-99-11 filed by John Sissman, representing himself, with respect to the
2 s property hereinafter described as:
29
3 o Exhibit "A"
3 z be and the same hereby is approved for a 27-foot variance from the required side yard setback
32 of 30 feet to 3 feet as shown on the attached plot plan, Exhibit "A", of the Estates Zoning
33 District wherein said property is located, subject to the following conditions:
34
as This variance is for the existing residence as shown on the Plot
3s Plan and shall not apply to any expansions, additions or
37 rebuildings.
3~ -BE IT RESOLVED that this Resolution relating to Petition Number V-99-11 be
40 recorded in the minutes of this Board. ACiEI~A ITEM
AU3 0 3 1999
-1-
1
2 This Resolution adopted atter motion, second and majority vote.
3 Done this day of ,1999.
4
s ATTEST: BOARD OF ZONING APPEALS
6 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
8
9
10 PAMELA S. MAC'KIE, Chairwoman
11
z2 Approved as to Form and Legal Sufficiency:
13
15
16 Marj orie M. Student
~7 Assistant County Attorney
18
1 ~ g~admin/sue/v-99-1 I/RESOLUTION
20
VARIANCE PETITION
(VARIANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICt)
V 9-o,-~
Petition No. ' Date Petition Received: .............. -, ~
Commission District: Planner Assigned: -~, ,~ ~(X.,Yt 'i ~'
ABOVE TO BE COMPLETED BY STAFF
GENERAL INFORMATION:
//
'r~,~ ~ C, tC-., ~' ~ ~l~O Telephone: .~l ~77-,,~7~,.~
Agent's Name:
Agent's Address:
Telephone:
COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING
SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104
PHONE (941) 403-2400/FAX (941) 643-6968 ~E),~t}~, rrr~
Application for Variance Petition - S/gS Page I of AU3 O 3 1999
.
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary)
Name of Homeowner Association: ~ l~
Mailing Address ~ City State __ Zip.
Name of Homeowner Association: //V~ ,k ~.~
Mailing Address "" City State __ Zip
Name of Homeowner Association: '
Mailing Address --""""""" City State __ Zip
Name of Master Association:
Mailing Address /"""" City State __Zip
Name of Civic Association:
Mailing Address ~""" City State __Zip
PROPERTY DESCRIPTION:
Legal Description of Subject Property:
Subdivision: Unit Lot (s) Block (s)
Section Twp. Range Property I.D. #
Metes & Bounds Description: /- c~,~- L/~' y.S (:'-7'biBle,'\ ,'1'i ~&' ('Ad~:
0- 5E y~ ~ q q~ r"~' '7 ,, 1~:.,,'.: ..-;
~ .. tSO 77, ~ ff~ 7../~ r'/, 11
~. /7~
~ 0 3 1999
Application for Variance Petition - 8/98 Page 2 of 8
(If different fromVetitioner's address)
Current Zoning and Land use of Subject Parcel:
A ~ '" ' ~ .~ ~"
/
Adjacent Zoning & Land Use:
Minimum Yard Requirements for Subject Property:
Front: 7'~''''' Comer Lot: Yes [] No ,~
Side:
Rear: /
AGENDA ITEM
Application for Variance Petition - 8~98 Page 3 of 8
/
Nature of Petition
Provide a detailed explanation of the request including what structures are existing and what is
proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from
25' to 18'; when property owner purchased property; when existing principal structure was
built (include building permit number (s) if possible); why encroachment is necessary; how
existing encroachment came to be; etc.
A~IUA ITEM
/7.Z
Application for Variance Petition - 8~98 Page 4 ,f 8 AUG O 3 lggg
Please note that staff and the rioliter County Planning Commission shall be guided in their recommendation to the
Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or
deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if
necessary..)
1. Are there special conditions and circumstances existing which are peculiar to the location, size and
characteristics of the land, structure, or building involved.
2. Are there special conditions and circumstances which do not result from the action of the applicant
such as pre-existing conditions relative to the property which is the subject of the variance request.
J," -'././'~c~.~/' /-. ~,' ~ /~. ,~ -[~A-s~ 77~ ? cv,/~:/
3. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
.
4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of
the land, building or structure and which promote standards of health, safety or welfare.
f/'/"
/ ,,
AGENDA ITEM
No,~
AUG 0 3 1999
Application for Variance Petition - 8/98 Page of 8
~..///'
5. Will granting the variance requested confer on the petitioner any special privilege that is denied by
these zoning regulations to other lands, buildings, or structures in the same zoning dislrict.
6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
7. Are there natural conditions or physically induced conditions that ameliorate the goals and
objectives of the regulation such as natural preserves, lakes, golf course, etc.
8. Will granting the variance be consistent with the growth management plan.
AGENDA ITEI~
Application for Variance Petition- 8/98 Page 6 ,faAUG 0 3 1999
-
Rpl Po Fm UT UL
FC[~Q2] OC[TR] ID[6615848898G][37165726697][
FOLIO [88158486886] OIJNER> SISSHRAN, JOHN:& ANN H -- CERIIFIED --
STRAP 482522 828.88631122 425 COCOHRATCHEE BLUD .., ~ ~ ~ ~ K
ORB/P[ 7281/111961 1998 TAX ROLL
SALE BATE [ 8][1177] ~ ~ K ~ ~ ~ ~ ~
/-C NR~L~ FL 34tt8 t~95 RARER NA
~' TRS->[qAl[25][22] ' CER1-97-UAL CERT-98-UAL
LEGAL-~ 22 48 25 COHH AT NE CNR OF [ 8t] LND ~i ~8888] i ~8888]
~ -2 SE1/q, Y 998FT TO POD, S L-U E IHP Q[ ~8782tl [ ~55991
~c3 t58FT, ~ q27.tgFT, N 5 DEG Y HKT ~1 ~78211 ! ~755991
~4 ~58,78FT, E qq~.4tFT TO POD ASD Q[ t5~722] i ~5938G]
~ 8]~["~q~] CNTY ~[ 482,75] HSTU ~!8~ 94.741
CIU-X ~ [ 81 S-SL ~1 793.41] YHB ~i 75.531
UET-X ~ [ 8] HILL-RATE S-LB ~[ 358,211 ]SD ~1 168.6q1
BLD-X ~ [ 8] [~4.6t41] CITY ~[ .88] UADP ~[ 6.65]
YI D-X ~ [ 8 ] -~998-
RG-X G [ 8 ] (1998 TAXES) TOTAL ~1 1963,93 ]
YH-X ~ [ 8] -CERTIFIED-
SITE [ NR COCOHRTCHEE BLUD 425 ! RESq77
02/04/1999 10:22 AM
AUG 0 3 1999
i~./~'
~/7~
AUG 0 3 ~999
Ut, IF--. RAtLROAD R/W
,,
?"' SEABORAD COAST
w
13 '
· S KETCH 0 F
~[ DESCRIPTION
I
~ 5~;da, 1' = 50'
I
'1
~ ~' EXI~NG H~SE
O '
~ THIS IS NOT "A SURLY
PAR~L 19 , EXHIBIT "~"
F~. 22. lq~q
Da~e d
-,'...~/.: ~.~1~ )E~,.~.~.~' . LOT ~7
~,"POB
~ .~. 5~..~....,,,...: . . ...,... ..P.O. E'
.N~. r~ 34JQ3.. '.';'~:~ ~';,'. t."VA ID ~ E55 N~EAST CO. ;E~ 999
We/l, 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
We/I understand that the information requested on this application must be ~omplete and
accurate and that the content of this form, whether computer generated or County printed shall
not be altered. Public hearings will not be advertised until this application is deemed complete,
and all required information has been submitted.
As property owner We/I further authorize to act
as our/my representative in any matters regarding this Petition.
si ' f roperty O nerS ature of rFi; oS;erty O ner
0
Typed or Printed Name of Owner Typed or Printed Name of Owner
The forego' instrument wa acknowled ed before me this ~7 day of t~l'Pal
as identification.
.
Name of Nota~ Public)
Application for Variance Petition - 8/98 Page
.
VARIANCE PE TITION
APPLICATION SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET;
RE Q UIREMENTS # oF
COPIES REQUIRED
1. Completed Application 15
2. Completed Owner/Agent Affidavit, Notarized 1
3. Pre-application notes/minutes 15
4. Survey of property, showing the encroachment 1
(measured in feet)
5. Site Plan depicting the following: 15
a) All property boundaries & dimensions
b) All existing and proposed structures (labeled as such)
~-~ c) North arrow, date and scale of drawing
d) Required setbacks & proposed setbacks
6. Location map depicting major streets in area for 1
reference
7. Application fee, checks shall be made payable to -
Collier County Board of Commissioners
8. Other Requirements - .
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may
result in the delay ofpr c ' this petition.
~gent Signature Date
Application for Variance Petition - 8/98 Page 7 of AUG ~} 3 1B~}S]
pg._ _
April 08, 1999
Collier County Government
Community Development and Environmental
Planning Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
To whom it may concern:,
I am enclosing this letter of grievance with my Variance Petition because I do not understand why I must
pay to correct a problem that I did not create.
When I purchased my home over twenty years ago, I had it surveyed, the bank accepted my mortgage,
the insurance company and Collier County accepted all the legal papers necessary to buy my home.
I have not added any new additions to this home.
I do not think it is fair that 20 years later, I should be penalized for buying this home to close to the lot
line, Your fee of 850.00 is not fair, and I feel I should be entitled under a grandfather clause not pay this
amount ....
John Sissman
Enc: 15
AGE. teA
AUG O 3 1999
EXECUTIVE SUMMARY
ESTABLISHMENT OF A NEW SCHEDULE OF DEVELOPMENT RELATED
REVIEW AND PROCESSING FEES TO INCLUDE PROCEDURAL
REQUIREMENTS FOR FEE WAIVER REQUESTS; PROVIDING FOR NEW AND
REVISED BUILDING PERMIT AND LAND USE PETITION FEES; ADOPTING A
NEW ~;CltI~DULE OF FEES FOR FIRE PREVENTION PERMITS COLLECTIVELY
ESTABLISHED AND ADOPTED BY THE INDEPENDENT FIRE DISTRICTS IN
COLLIER COUNTY; ADOPTING THAT SAME SCltEDULE OF FEES FOR FIRE
PREVENTION AND CONTROL PERMITS AND COMPLIANCE INSPECTIONS
FOR THE ,l DEPF_J~ENT; ~IIIE DISTRICTS IN COLLIER COUNTY; AND
tIPDATING LANGUAGETO'REFLECT CURRENT NOMENCLATURE.
'l]ll~i~Xl~a~.~'~latfA~r~luesting the Board approve revisions to the Development Review
and Buiidi_ng Permit Fee Schedule. 'These revisions include the following:
· a r~rnmee-to .~the~ Board's approved policies related to request .for waivers from
dcveJopmea~t review and building permit fees;
* in~easihg ttae Str~'l~lam~I Cha~e· p0tition fee from $10.00 to $200.00;
* adding f~s-to~e~.~,.lhe ~st~ of ~4~ani~.data conversion, including hardware, software,
· inclusion of and revision to various building permit, land use petitions, and engineering
~'.il~~Ow l~_~.~m.~.:.-pat~dmlatty ~ ~'~.for. :fight-of-way improvement's, blasting, and
.'lmdscaping;
* adopting the sch~lule ~if.~f~ .kc_ftrel preve, ntion and control t~fils and compliance
impeclions collectively established and adopted by the independent fire districts in Collier
County; adopting that same scttedUle;af f~sl for fn'e pr~t~_ion and control permits and
compliance inspections for the ~nt fire districts in Collier County; and
· providing for various grammatical or nomenclature changes.
CONSIDERATIONS: The fee schedule was last amended in December, 1996. Every year,
staff reviews the fee schedule to determine the appropriateness of current fees and to determine
whether any fees require adjustment, or whether any new fees should be adopted. Changes
reflected herein are the recommendation of staff after consideration of the current schedule of
fees.
In preparing the amended schedule of fees staff worked with the Development Services .
Advisory Committee (DSAC) and the independent fire districts to address issues of concem.
The attached fee schedule has been recommended for approval by the DSAC. A struck-through
and underlined copy of the proposed fee schedule is attached.
The fees proposed by the independent fire districts were developed by Wayne Bryan, Fire
Code Official, for the Collier County fire districts. The fees are intended to offset the cost of
permit review and compliance inspections. The DSAC reviewed the proposed fire permit and
AUG 0 3
Pi-
inspection fees and recommended approval. Each of the independent fire districts has approved
and adopted the Schedule of Fees for Fire Prevention and Control Permits independent
resolution (attached). Staff recommends that this Schedule be applied to permitting and
inspection activities for the dependent fire districts as well. The Schedule of Fire Prevention
and Control Permit Fees is attached to the Development Review and Building Permit Fee
Schedule and labeled "Extiibit B".
FISCAL IMPACT:
A) "hid-i-e-ling: the fee for Tempormy Use Permits for Special Events re~_uiring Board
~ .~This fee increase will result in additional annual revenues of approximately
·" ' 's500.00 per
'B)i"'5: ~i~r~"thh!~i'~et Name Clhang~ _n~ons from ~10.00 to $200.00: This fee
increase will result in additional annual revenues of approximately $2,000.00 per year.
C) Providin~ for a fee to cover the cost of eonvertin~ files and drawin-s from nancr to
electronic format5 The electronic data conversion surcharge will provide a revenue
stream to cover the cost of converting pap~ :files, engineering, construction, site plan,
·" ' ....aria master pl~ :'~Wings to~ !cI~ctronic lat. Staff proposes m utilize Community
Fund ~ei pi e'sc nil/g'and' on hardware and sofa, rare to convert
· Staff has inve, stigated~ the cost feasibility of outsourcing this effort and determinod that
given the volume of historic files, and the volume of new petition and permit files
mated each yesr, it is more cost effective to purchase the optical scanning hardware
' and software (estimated to cost approximately $200,000) and to hire temporary staff to
perform scanning and data entry. This proposal was to the presented to the DSAC and
discussed at several of their meetings. The DSAC supported paying for hardware and
sob, are out of the reserve fund, and recommended creating the electronic data
conversion surcharge as a means of spreading the cost of the actual scanning data entry
over all users.
Staff has worked with the IT Department and its GIS Coordinator to ensure full
compatibility and coordination between the optical scanning equipment and current and
future system components. Both IT and Community Development & Environmental
Services staff have conducted several site visits to review optical scanning systems at
various locations with the region and subsequently prepared and released an RFP for
hardware and software packages. Staff will return for BCC approval pending receipt of
proposals and results of the selection committee. The Electronic Data Conversion
Surcharge is estimated to generate between $70,000 and $80,000 in annual revenue.
D) Engineering Inspection Fees: Proposed engineering inspection fees, particularly for
right-of-way, blasting and landscape inspections and re-inspections are estimated to
AGF. NDA IT~dwl
/-,US 0 3 1999
P~. ,q~
generate approximately $200,000 annually. This revenue will offset the projected costs
of expanded personnel proposed for the fiscal year 00 budget. The expanded personnel
requested and tentatively approved at the June Budget workshops include a Senior
Engineer and an Engineering Inspector and ancillary costs for vehicles, radios, etc.
GROWTH MANAGEMENT IMPACT: Approval of these revisions to the fee schedule will
have no impact on the Collier County Growth Management Plan. Staff recommendations are
consistent with the provisions of the GMP.
STAFF RECOMMENDATION: Staff recommends that the BCC approve the attached
resolution ~ the 'Cotticrl~ounty Developmerit Rt'~i~ 'and Building Permit Fee
sua nrr Date: 7- / r--
' 4tob/~ S. Mtahere, A~CP '
Pla~ning Services ~ent Director
/ .' ,
Date: 7_'/- .
SUBMITTED BY Ea ii:6 c- ,,.
Building Review P 'tting Director -
_<
i/incimT A."C~Uiero, AICP
., ,. .:., Community Development & Environmental Services Administrator
AGENO*, ~TF, M
AUG 0 3 1999
Exhibit "A"
LA,,~fD DEx, r"2E'OP~,aE,NT CODE
)8ehedule of Devdopmeat Review and Building Permit Fees
A) ADMINISTRATION ' '
Board of Adjustment Appeals
' Appeal F~Tmg ~ $ 250.00
.Interpl~etations ':. .... :.::,-.: · = , . !-_ ..
'-'~ "Official Interpret~on Request ¢ff Land
Development Code or Growth Management Plan ·
If request Interpretation request
during review process $25.00
Determination o f Vested Rights $ 50.00
(plus the County's
' out-of-pocket expenses
associated with heating
officer and hearings)
Appeal of Vested Rights Determination $ 50.00
Amendment to Land Development Code
$1,200.00
Appeal from an Administrative Decision $200.00
(non-refundable)
/---- Words ~""'~" +h .....h are deleted, words double-underlined are added.
' AGEND^ TEM
Page 1 of 24 no./? il'
O 3 1999
,.
Exhibit "A'
B) BLASTING PERMITS & INSPECTIONS
30 day permit fee, non-refundable payable
upon application $85.00
90 day permit fee, non-refundable payable
npon, ~app~cation $ 175,1~.00
Yearly p~'mit fee, non-refundable payable
upon application : $4-3-5500.00
i,~ewal permi,t fee., :non-~efundable payable
.:_uixm,~{iCation . $4-3100.00
AfIet'-tl,~-l~act fee, due to blasting without
· e benefit of permit $ !,Q~2.500.()0
Fine fee, per detonated shot with
after-the-it peru-tit ., :::; . $100.00 :
Handler fee, for handler who assists the user
or bl~,ter h tl~ use of explosives $25.00
In addition to :the.. b,l~in~ permit _app!iCation fees. the lonewint,
inspection fees shall be naid unon issuance of a blastina hermit.
Blasting Inspection Fee: $275.00 per
acre
Trench Blasting: $50.00 per
linear foot
Quarry Blasting: The fee for quarry_ blasting shall be an annual fee based on the
estimated number of blasts per year at $75.00 each. (This number may be adjusted
based on the actual number of blasts occurring within a given year.)
C) ENVIRONMENTAL/LANDSCAPING
Agricultural Clearing Permit
Words ~-..,.v +h .....~' are deleted, words double-underlined are added.
Page 2 of 24 I ~r;./t7' ~
AU3 O 3 1999
P~. ~
Exhibit "A"
First acre or fraction of an acre $85.00
Each additional acre or fraction of an acre $43.00
($250.00 maximum
Environmental Impact Statement (EIS) $350.00
Landscape Re-iaspection -
1st . . , $-t-0 43.00
2nd $-1- 51.00
Every impellion after 2nd $25 ___~,00
Special Treatment Review (ST)
First five acres or less $85,00 :r.L':Lmum fe, r 5
'~ -"'~ $9.00
, . ~ .. :/: hch additional arm (or fraction
thereoff: ~Z0.1$jS. ll.~ ,;
Coastal Construction Control Line Variance
CCSL Permit
Dune Walkover $150.00
Dune Restoration $100.00
Variance Petition $1,000.00
Sea Turtle Permit
Sea Turtle Handling Permits
$25.00
Words r. trucl: t.~oug.h are deleted, words double-underlined are added.
Page 3 of 24
I, U3 0 3 1999
Exhibit "A"
Sea Turtle Nesting Area Construction Permit $200.00
Sea Turtle Nest Relocation $100.00
Vegetation Removal hrmit
First acre or fraction of an acre $85.00
Each additional acr~ or fraction of an acre $43.00
-. -- ....~ ~- ,:' '-: ?: ..~ .-~"=- ($900.00 maximum
Vehicle on the Beach Permit
Permit Application $250.00 *
·.P~-ait f~c slutl ..~ waived for public and non-profit
organizations engaging in bona fide environmental activities
, ': -for scientific; ,c~,ascrvation or educational purposes.
.After-the, fact Envirosmental or Landscape Permits
· -~ ......~.; -: 2 ~"' - . CCSL Variance Petition 2x normal fee
All other Environmental or Landscape
Permits & InspeCtions 4x normal fee.
D) EXCAVATION PERMITS
Annual Renewal $85.00
Application (Private) $85.00
Application (Commercial) $850.00
Application (Development) $125.00
Permit for private and development excavations
(Upon approval of application, fee not to exceed $3,000.00):
1 ) 0-2000 cubic yards excavated material $64.00
Words -*"'~- .h .....h are deleted, words double-underlined are added.
Page 4 of 24 ~../7 _7"
,U3 0 3 1999
Exhibit "A"
2) Each additional 1,000 cubic yards excavated material $3.00
3) Over-excavation penalty per cubic yards $1.00
Reapplic~tion ....... $64.00
Road Impact Analysis $125:00
Time Extension .. -. · $ 43.00
i
After-the-fact ETemVatiOU Permit.. 4x normal fee
E) RIGHT-OF-WAY PERMITS
Right of Way ~ Permit* (Ri~_ht-of-wa~v permits. $125.00
issued in conjunction with an agm'oved subdivision shall not
reauire navm~nt of rimht-of-wav construction nwmit fee.)
Right of Way Construction Permit Renewal $43.00
Rcinspcction fees:
1st $43.00
2rid $51.00
Each inspection after 2rid $64.00
Jack-and-bore $170.00
Open-cut construction $235.00
PSC regulated or County Franchised Utilities $85.00
Sprinkler Head Placement in County R.O.W. $25.00
Turn-lane/median construction ~" ~ ~o/_
.-~.,-.-/v
Words ~""^~' ,h .....h are deleted, words double-underlined are added.
AGENDA I~
Page 5 of 24 ~./7 ~
O 3 1999
Exhibit "A"
ROW Construction Permit Fee
Plus aDnlicable Inspection Fee
At~er-the Fact permits 4 times
normal fee up to' (Max.
$1,000)
*NOTE: In addition to the ri~v__ht-of-way p~nit application fee. the applicant shall
pa_v a $50.00 per day i.n.nspeetion fee based on the number of work days as
determined bv the ent, ineer or agent of record. Ri.~ht-of-way p~nxtits limited to the
v '~ v
authorization of driveway connections shall be ~xempt from the insneetion fee,
·
F) SITE DEVELOPMENT PLANS
Site Development Plan Review ~ - '$425.00
plus $9.00 per D/U plus
$21.00 per residential
building structure; plus
$ .01 per square foot plus
$21.00 per building for
non-residential.
Utititv Plan Review & lram~ction Fees - .
Construction Document Review 0.50%
of probable water
construction costs
Construction Inspection 1.50%
of probable water
and/or sewer
construction costs
COnstruction Document Resubmission or
Document Modification Submit as
insubstantial chan~,e
($85.00)
Site Development Plans - 3rd and subsequent
additional reviews $175.00
Words .,_,~v ,~, .....~' are deleted, words double-underlined are added.
AGEND^ Tr
Page 6 of 24 No.
AU3 O 3 1999
Exhibit "A'
Site Development Plan Amendment ~,. · $2 15.00
Site Development Plan Insubstantial Change $85.00
Site Development Plan Time Extension $85.00
.Site Develonment Plan' Conceotual Review . , , ,, · 1215.00
Additional review of construction nlans for nhased
COnstruction of Site Develoomen mnrovgrnent Plan
Site Improvement Plan Review ~ $215.00
Violation of the conditions of approval of the SDP/SIP or
inntallation of inmrovements. clearing- or other land alteration
notdexict~d on. or otherwise authorized a8 apartofthe
G) SUBDIVISION
Lot Line Adjustment $125.00
Subdivision Review Fees
Construction Document Review 0.425%
of probable cost of
construction.
Construction Document Resubmission
or Document Modification n
Submit as ~nsubstantial ChanEe $85.00
-r
Words ~..,^t- +h .....h are deleted, words double-underlined are added.
Page 7 of 24
AUS 0 3 1999
Exhibit "A"
Subdivisions - 3rd and subsextuent additional
reviews and substantial deviations from annroved
construction documents $425.00
Subdivision Inspection Fee ;'- 1. ~27~%
of probable cost of
consauction for const.
Subdivision, ~ary Plat (PSP)
Petition Applic. ation $425.00 plus
$4.00 per acre for
residential; $425.00
plus $9.00 per acr~ for
use is residential)
Administrative Amendment $215.00
Final Plat $425.00
I plus $4.00 per acre for
residential; $425.00 plus
$9.00 per acre for
nonresidential; (mixed
use is residential)
Additional review of construction plans for phased
ConStruCtion of Subdivision improvements. $425.00 per
phase
Two-year Extension $85.00
Water Mar.:-ement ~'~-': .... m,,, ,,
Consin:ellen Dcc',::,,ent Rc;'iew ¢ ~ ~ nn
Water and Sewer Facilities
Words '*~'~" ,h .....u are deleted, words double-underlined are added.
AGE,'~A t'r'~ '
Page 8 of 24
AU3 0 3 1999
Exhibit "A"
Construction Document Review 0.50%
of probable water
and/or sewer
construction costs
Construction Document Re, submission or
121Ocumea'tt:Modification 0.25 %
of probable water
.... _ - ...... . construction costs
Conswaction Inspection 1.50%
of probable water
. _ and/or sewer
construction costs
Violation of the conditions of approval of ap. provcd
construction plans or installation of improvement.s.
clearing. or other ,land alteration not denicted :on. or
otherwise authorized as a hart of the ~annroved
construction..pl.~,s .or permit. Fc_l~Ldlaltl~
· PSP or Final Plat
Review Fee.
I) TEMPORARY USE PERMITS
Temporary Use Permit Sales $75.00
Model Homes and Sales Centers $75.00
Construction and Development $75.00
Garage and Yard Sale Permit $0.00
Temporary Use !na'.:bstantia! Change Amendment. $ ! 0075.00
Renewal or Extension Twice the fee for
renewals or extensions
Words at.me.b. t.~-eug.~. are deleted, words double-underlined are added.
Page 9 of 24 ~ AaD4DA IWr. M
~o./7::~r'
/,U3 O 3 1999
Exhibit "A"
r~uested after the
Temporary Use Pgnnit for Major Special Events requirin~
BCC a~romval. includinp Circus / and Carnival Permits $250.00
~tl!l~:Poli~c~ Signs (Bulk Temporary Permit) $5.00
_ ,, , ~,~
wn, L P~a~sPEcnoNs*
Hydraulic elevator shaft ~it $128.00
Test hole' permit (including 1 st six holes) $43.00
- each addition hole $5.00
w~n;per~.:'t (ab~m~x~.~...,~t) $~3,00
Well permit (eonstrueti.on or repair) $64,00
Well permit (monitoring) $43,00
Well Permit (modification of monitor or test well
to a production well) $21.00
*NOTE: Multiple wells may be allowed on one permit, but each well must be
accounted for and -"- ®~a an r^,~ ,,h .... A r ..... h .... ' the
ltpprOpriat¢ fee shall be charged for each well in accordance wRh the
ltbove listed schedule.
Well Reinspections
First Reinspection $2-1- 43.00
Second Reinspection 4,3 51.00
Third Reinspection $8-S 64,00
After-the-fact w~ll permits 3x normal
fee ~er violation.
Words ~,_.~v ,~. .....h ~e deleted, words double-~derlined ~e added.
Page 10 of 24 ~.~
/.U3 ~ 3 1999
~._/3
~.xhibit "A'
K) ZON~NC/L.ANn U.~.. PETrnONS
Alcoholic Beverage or Service Station .Diat^_~== $425.00
m t
Senamtion Requirement V/ai_ver
Boat DockExmion Petition $425.00
Conditional Use Petition ...... . $700.00
($50.00 whea filed with,Rme Petition)-
........ -.,.,.,-. ...... - ...... '-
Conditional Use Extemsion ...... . -.. -, .-- $175.00
DRI Review ,0n-addi~on-~..cost ofrezone) -- $2,500.00
Plus $25/acre
DRI DO Amendmeat .--- . ........ $1300.00
. · .- :i :. -- -
Flood Variance Petition $425.00
Interim Agriculture Use Petition $350.00
No,-confo C ¢ Alt tion $42S.00
Off-Site and Shared Parking Amendment $425.00
PUD Amendments (PDA's)
Minor $1,300.00*
Major $2,125.00'
*Minor & Major'__?t-as
*Property owner notifications: $1.00
non-certified mail
$3.00
certified remm receipt
mail
Words st."_'ek t.~aug,h are deleted, words double-underlined are added
AC/,NDA flT. M
Page 11 of 24 No.
AUG 0 3 19~9
p~,//-//
Exhibit "A"
**~lOte: Petitioner t.0 pa.y thiS amount after receipt of invoice from
Deve!~pme---t PAaaah~Services Department. Petition wffi not be
advertised .unti! payment is received,
Planned Unit Development Amendment (Insubstantial) $637,50
ReZone Petition (Regular) $1,800.00
Rezone Petition (to PUD) $2,500.00
.......... ..: ;: ,~. :~.: ..;.... ......, ~:.~ ~.:.::r.;~Plus $25/acre
Street N.an~.., Change'. .;.nan ' ~
Plus $1.00 for each
property owner
; ~ ...; -'~: -.-~ =. ~. -. . . :~ requiring notification of
proposed street name
change.
Variance Petition $425.00
· ~1i431:}-~
Variance (Administrative) $200,00
Zoning Certificate:
ReSidential r~ ......*;^"~ ~; .....; $15,00
Commercial `~ ...... ~;^_,~ v; ...... $45,00
After-the-Fact Zoning/Land Use Petitions 2x the norr~al
netition fee
L) MISCELLANEOUS
Data Conversion Fee (to cover the cost of converting
graphic and narrative information into electronic format) $25,0~ per ~ite plall or
land use netition
Words ~.~v .h ..... ~.
............ t.- are deleted, words double-Underlined are added.
A~.J~DA ITE~
Page 12 of 24 so.//-7
AUS O 3 1999
Exhibit "A"
· amendment (PUD. sit0
Official Zoning Atlas. Map Sheet $.50
,
Publications, maps, reports and photocopies per sheet As ~
.~ -. ;.. :i ' :: Resolution 98-498. as
Revueins for zoninajland use verification I;25.00 her
~h: The ~g ~i,. teseamhirm records. ~dinan~es..and codes Ihat are no longer current
shall be $40.00 neLhour ,withl aone hslfhour minimum char~. The fee for crea/:m~ and
" desi~nin~ snecial comnuter eenemtecl tenons that are not a hart of the rekmlar standard
.reneTrts.i beii25:96 net hlmr with a o~e half hour minin;um chame '
M) BUB.J)ING PERMIT APPLICATIONIrEE - . _
A permit application fee -::ill shall be collected at time of applying for a building pennit.
The permit application fee will shall be collected when the plans are submitted for review.
The fee wH! shall be applied toward the total permit fee. The applicant shall forfeit the
application fee if the application is denied or if the application is approved and the permit
is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County
Ordinance No. 91-56, as amended.
Application fee will be computed as follows:
Single family and duplex_* -$.05 per sq. It. with minimum of $100.00
Multi-Family & Commercial* - $.05 per sq. It. up to 10,000 sq. It.
- $.025 for square footage over 10,000 sq. It.
* Maximum application fee shall NOT exceed $5,000.00.
/--, Words atr,:ck tF:cug~ are deleted, words double-underlin0d are added.
C,a A:TEM
Page 13 of 24
AUG 0 3 1999
Exhibit "A"
Minimum fee of $36.00 for each of the followingik_plumbing; mechanical (A/C);
electrical; fare; and building, when applying for additions/alterations.
Minimum fee for all other applications = $36.00.
The balance of the total permit fee will be collected at the time of issuance of the permit
and will include any fee adjustments necessary.
N) BUILDING PERMIT FEES
'. ;'i~,;'-ijli~,~ )i:~l!'~ ~;- _;;.,! ~ .
The fee for a btti~ p~-uiit shall be computed as follows:
Such fees shall be either based on4he cantxactor's valuations of consa'uetion cost or based
on calculated cost ofeons~rt~tion as set forth on the attached Building Valuation Data
Table, whichever is greater.
1) Val,,afion of construction costs of less than $750.00 - No permit or fee is required,
but constmotion must comply with. all Count7 Cod~ and Ordinances. If
in.qpections are required by the Builcting-Official or requested by the applicant, the
appropl4ate f~s cshall .be paid..
:~-', !I;XC!~PTI(]~N: .... ~dl work involving structural components and/or fire rated
assemblies requires permits and ins~ons regardless of construction cost; signs
must secure permits as stated in Collier County Ordinance No. 91-102, as
_
amended.
2) Valuation of construction costs of $750.00 through $4,999.99 - A fee of $36.00.
3) Valuation of construction costs of $5,000.00 through $49,999.99 - A fee of $17.00
plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess
of $2,000.00.
4) Valuation of construction costs of $50,000.00 through $1,000,000.00 - A fee of
$333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation
in excess of $50,000.00.
5) Valuation of construction costs over $1,000,000.00 - A fee of $3,474.00 plus
$3.00 per thousand dollars, or fraction thereof, of building valuation in excess of
$1,000,000.00.
Words ~*--'~- ,u .....
............ t,-- are deleted, words double-underlined are added.
Page 14 of 24
AUS 0 3 1999
Exhibit "A"
O) EIjECTRICAL PERMIT FEES
The fees for electrical permits for new structures or placement or relocation of structures
shall be computed as follows:
1) $0.40 per ample rating of all single-phase panelboards.
2) $0. t5 per ampere rating for switch or circuit whichever is greater~ if item #1 above
itoes notapljlyZ '- .... ' "'
3) -~ :;~ ~:/W'hen n0C a ~ete ihSlath~n, all switch and circuit breakers ahead of panel
boards shall be computed at $0~15 per ampere.
4) Permit fees for any ~J~lge in electrical installation shall be computed at the above
rates for that portion of new and/or increased fees in existing electrical facilities.
5) The minimum ,for' any electrical permit shall be $36.00 per unit or tenant space.
6) Fifty percentl(50*/i) in additional fee costs shall be added to all above fees for three
phase instalhtions.
?' '~-~XCEPTION: Ordinary repairs limited to a $200 value or less may be made
without a permit. Repairs must comply with all County Codes and Ordinances. If
inspections are required by the Building Official or requested by the applicant, the
appropriate fees shall be paid.
P) PLUMBING PERMIT FEES
The following fee calculations shall be applied separately when the permit involves mixed
occupancies.
I) Residential occupancies: The fee for a plumbing permit shall be computed at the
rate of $36.00 to be charged for each living unit with one to three bathrooms. An
additional fee of $10.00 will be assessed for each additional bathroom.
2) Nonresidential occupancies: The fee for a plumbing permit shall be computed by
the following methods, whichever is calculated to be the greatest fee:
a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or
Words str---ck tb:au-h are deleted, words double-underlined are added.
AGENDA ITEM
Page 15 of 24
AUG 0 3 1999
Exhibit "A'
b) Institutional facilities, hospitals, schools, restaurants and repairs in any
occupancy classification shall be charged at the rate of $1.00 per fixture
unit; or
c) Minimum of $36.00 for each occupancy or tenant apace.
3) Grease traps: An additional fee of $36.00 shall be assessed for each grease trap.
4) ' The cost for 'r~tto~t piping shall 'be c6mp~-ed at the ~ foe' of $36.00 per
'floor for each main riser.
= 'The .ii~/'6f a perulit for lawn sprinkler syStems shall be computed .using the dollar
valuation as shown under Section M of this Resolution.
6) The minimum plumbing permit fee shall be $36.00.
Q) ME~CAL PERMIT Fi,~ES
The' foBowing fee calculations shall be applied separately when the permit involves mixed
occupancies.
1) Residential occupancies: The mechanical permit fees shall be computed at the rate
of $315.00 for eaeli living unit up to three tons of air conditioning. Each additional
ton or part thereof shall be $3.00 per ton.
2) Nonresidential occupancies: The mechanical permit fees shall be computed by
one of the following methods, whichever is calculated to be the greatest fee:
a) The rate of $36.00 for the first three tons or three horsepower of air
conditioning or other mechanical systems per tenant space, each additional
ton of air conditioning or horsepower shall be $3.00; or
b) The rate of $3.00 per 425 square feet of floor area, or fraction thereof.
3) A permit for the change out of components shall be calculated at the above
mechanical permit fee rate or the minimum fee whichever is greater.
4) The cost of retrofit piping shall be computed at the minimum fee of $36.00
per floor for each cooling tower, or $36.00 for the first 3 horsepower and $3.00 for
each additional horsepower, whichever is greater.
Words ~*~'~' ,u .....
............ e,-- are deleted, words double-underlined are adde<
AGENOA
Page 16 of 24
0 3 1999
P~.~/"~'
Exhibit "A'
5) The minimum mechanical permit fee shall be $3&00.
R-) ~,: , unu A u, ~, CO_u~U£TI~LE LIQUID STOP, ACE T,&~NFJC,&~,® PEP,,~,-"-T FF~E$
, ~ ~,, L!QL~F~D ~,OLEL~ U~-P.) GAS ~z F~jt f~ f~r ~ zr ~
.- s m m r~vnsn0~ aD CONTROL ~ IES
~ f~s ad exe~ti0m a fo~ in ~e "Ex~bit B" ~xed hereto ad made a
Sch~ffie of Devel~ment Review ~d B~li$ Pait F~s s~l ~ly to F~e
. ~d Con~l PgB for bo~ ~e ~d~dent ad d~d~t fire dis~cts.
"""' Words .+_,^v +t, .....~' are deleted, words double-underlined are added.
AGENDA ITEM
:P.~e 17 of 24 No.~
AU6 O 3 1999
Exhibit "A"
MOBILE HOM*E/OFFICE TRAILER AND OTITF~R TRAILER PERMIT FEE~;
l) The permit fee shall be $37.00 to set-up a single-wide trailer or mobile home on an
approved site plus electrical, plumbing, mechanical and fire protection fees as
applicable.
2) The permit fee shall be $57.00 to set-up a double wide or larger mobile homes on
an approved site plus electrical, plumbing, mechanical and fire protection fees as
applicable.
g) !1 CHICKEES AND SIMILAR STRUCTURES
The permit fee will be based upon'a calculated cost of construction of $4.00 per square
foot under'roof or the contractor's estimated cost of construction, whichever is greater.
The fee will then be calculated in accordance with Section B of this Resolution.
Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when
applicable.
~) ].~ POOL OR SPA PERMIT FEES
1) The fee shall be $79.00 for construction of each public pool or spa.
2 ) The fee shall be $53.00 for construction of each private pool or spa.
SCREEN ENCLOSURE PERMIT & PAN ROOF FEES
Words attack t,h~-cug,h, are deleted, words dOuble-underlined are added.
AGENDA
Page !8 of 24
AUS 0 3 1999
Exhibit "A'
Construction costs shall be calculated as follows:
1) Screen Roof. --r $2~.00 per sq. ft. of floor are~ (Screen Walls On!y)
2) Pan Roof --- $3.00 per sq. ft. of floor area. (Screen Walls Only)
3) Existing Roof --- $2.00 per sq. ft. of floor area. (Screen Walls Only)
The screen ~tbsure ol roof fee will th~n be calculated in accordance with Section
A ofthis~Resolution.
~&~ W} SIGN PERMIT FEES
Sign permit fees will be calculat. ed in acco~ce with both:
1 ) Section N)' Bail~gP~ Fees and
2) Section O) Electrical Permit Fees (if applicable)
The minimum sign permit fee ~i~dlbe $36.00. ~ ·
* ]4OTE: Multi~ie sions ~;f&e sarne'h,~e (i.e~ wail s~n ~d fo sin~zle nroiect may b
S~ r a e
allowed on one hermit. however an annronriate fee shall be charned for each siam in
accordance with the schedule set forth in P~h (W~ above.
¥) X) CONVENIENCE PERMIT FEES
Convenience Permits ate issued-in blocks of l0.each. Only licensed contractors are
elig'ble to purchase !Convenience Permits. Convenience Permits are limited to the use
specified on the permit.
The fee fofa book of 10 Convenience Permits is $300.00.
Z-) ~ REVISION AND AS BUILT PLAN REVIEW FEES
1 ) PERMIT AND PLAN REVISIONS
The fee for each permit revision submitted after permit issuance shall be calculated
using fee schedules outlined in Sections B through G above.
The minimum permit fee for revisions to permitted projects shall be $36.00.
2) AS BUILT PLANS
,.--- Words atruck Lh:cugh are deleted, words double-underlined are added.
AC~.]NN}A IT~:M
Page 19 of 24
0 3 1999
Exhibit "A'
The fee for "As Built" plan review shall be ten (10) percent of the original building
pennit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee
is intended to cover the cost of reviewing amended building plans in the office to
determine that change orders and various field changes are in compliance with the
minimum construction and fire codes of Collier County.
The following are required for As-Built drawings review:
a) An itemized list of all; changes made after permit plan approval.
b) As-Built plans that have all changes 'made after permit plan approval
"clouded".
c) As-Built plans and changes shall be signed and sealed by the engineer
and/or architect of record.
3) PERMITS REQUIRED
Permits will be required to make co~0ns to any d.e~cienc~ies f,.ound.
This fee shall be paid prior to plan review. :
AA) PERMIT EXTENSION ' '
The filing fee for each permit extension shall be equal. to 10% of the original building
penit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee
is intended to cover the cost of reviewing existing or amended building plans to determine
and verify code compliance.
BB) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES
The permit fee shall be $36.00 for the demolition of any building or structure.'
CC) PRE-MOVING INSPECTION FEES
The fee shall be $150.00 for the Pre-Moving inspection of any building or structure.
DD) INSPECTION FEES
A charge of $20.00 per inspection shall be assessed for inspections for which a permit is
not necessary.
Words ,.,,.,^v ,h .....~ are deleted, words double-underlined are added.
Page 20 of 24
AUG O 3 1999
Exhibit "A"
A user fee of $40.00 per inspection shall be assessed for inspections requested after
normal working hours or on a time specified basis.
EE) liEINSPECTION FEES
Rein~>ections ,fii_llllY.,li~of~ building permit shall:result in an additional fee of
$25,00 per inspection for lhe first reinspection, $40,00.' forthe second reinspoction and
$50,00 for the third and Oath successive. reita, spection, ', ~.. ;~-..~ ·
FID F~II,URE TO OBTAIN A PERMIT
Where work for wl~ch i;pe, m~ iS rutniXed is stafted or pr0'e~exlexl with prim to obtaining
said permit, the fees herein specified shall be four times the regular fee not to exceed
$1000,00 for permits costing $250,00 and less. The penalty for failure to obtain a permit
when one is requir~od having a cost greater than $250,00 shall be two limes the regular
mount, The plyii~tt'of sich f~ isiall not relieve any person'~om fully complying with
the ,of c 0n'code or orah e the ,,i mion or the
work, or from any penalty prescribed within any construction code, laW or ordinance of
Collier County.
The fee for licensing items is as follows:
Letters of Reciprocity $ 3.00
Contractors Change of Status $10.00
Voluntary_ Registration of State Certified Contractors $10.00
Pictures $2.00
~ $1.00
tper license)
HH) DUPLICATE PERMIT CARDS
The fee shall be $.4~-q,00 $5.00 for the issuance of a duplicate permit card for whatever
reason.
,.~-- Words ~*~'~- *~' .....h are deleted, words double-underlined are added.
Page 21 of 24
Exhibit "A"
II) CHANGE OF CONTRACTOR OR SUBCONTRACTORS
To record a change of contractor or subcontractor, on a permit that has been issued, the fee
shall be $36.00; this fee includes the issuance of a new permit card.
JJ) PERMIT FEE REFUNDS : ?~ :'.."
r-eftmded4Ifse requested, in writing~by the own~or~hi~ authorized age~tt; 50% of the fees
charged, other than the application fee, --..n~¢r "'=.iG P.~..~.!'.:~sn may be re~mded-provided
that a permit -;; ~ has been issuccL and construction w~ r.~ver ~-....~J'~ has not
: ;:' :: ~aad the refund is applied for prior to the cancellation of the permit.
KK) RECORD RETRIEVAL
The fee for reWieving records from inactive or remote storage including micro filmed
docmnents shall be a minimum of $15.00 or $3.75 per file whichever is greater.
u,) C,.O.P_X_EEF
The fee for blueprint and miscellaneous copying shall be as follows:
Microfilm copies, standard documents $2.00 each.
Microfilm copies, of plan $5.00 each.
Blueprint copies, size 24 X 36 $3.50 each, size 36 X 48 $5.00 each. Charges for
reproducing a complete set of plans shall be $2.00 per page for 24 X 36 and $2.50 per
page for 36 X 48.
MM) RESEARCH
The fee for researching records, ordinances, and codes that are no longer current shall be
$40.00 per hour with a one half hour minimum charge.
The fee for creating and designing special computer generated reports that are not a part of
the regular standard reports shall be $25.00 per hour with a one half hour minimum
charge.
Words -+~'~- +*' .....h are deleted, words double-underlined are added.
AGENDA lIE'
Page 22 of 24
AUG 0 3 1999
P~.
EXhibit "A"
NN) SUBSCRIPTION SERVICE
The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year.
The subscription year is from Oct. 1 through Sept. 30.
OO-) F~_,E PL,'~mZP, Ex,~Ex.x,'
'T'~ f~ fA~ 4:~, ~ln-at .__.d__~. ,1,~11 Is,, 1 CO/' ~4P i. h, k,,;1,1;__ 1,4-,,.,,h,~l ~.,4.;~X ~_~;+
.tq~)O O),.u2C..m2 .~'~_L..~q. E! J~-C~RONIC DATA CONVERSION SURCHARCwE
minimum surchari_,e hein~ $3.00 and the maxima ban $150.00. will be applied to
esery building pat application submittS. ;A. flat fee of $3.00 per permit will be
charSeal for those permit. 's for which an ,a~,lication fee is not reauired her item (M/of this
QQ)Ep3.REGISTRArlIDN 03F!I~NTAL DWELLINGS
The fee for r~gistntinn of nmtal dwellings is as follows:
11 Initial Registration Fee - $15.00
23 knnual Renewal - $10.00
001 Fee Waiver Procedures
1, Peanests for Fee Waivers may only be annroved by the Board of County Commissioners. Waiver
R~uests for development review and building permit fees shall be submitted in writing directly to the
aumouriate Community Develooment & Environmental Services Division Staff. who will prepare an
executive summary for consideration bv the Board.
2. Stw, h teanests shall include a statement indicatina the reason for the fee waiver reauest and. if
annlicable. the nature of the omanization reauestin~ the fee waiver.
3. The Board may consider allowing fee waivers for Temporary Use Permits for special events and for
Right-of-Way ]%rmits to nlace temvorarv sinus within the ROW for recurfinn events. subiect to the
followinn criteria:
/----, Words sLmck t,~-e. ugk are deleted, words double-underlined are added.
AGE. NDA
Page 23 of 24 no./~'--T' ,
AUG O 3 1999 ]
Exhibit "A"
a) Fee waivers for recurring events within any 12-month period. The Board may re'ant a single
waiver to cover multiple recurdn~ events within any 12-month neriod nrovided the numbt
events during, that 12-month nedod does not exceed 12 and that no more than one event i~
scheduled in any 30 day neriod.
bl Fee waivers for recurrim, annual and semi-annual events. The Board may ~rant a sinde fee
waiver to cover multirile recurrin~ events within any 3-year neriod nrovided the total number of
events does not exceed 6 and that no more than 2 events are scheduled within any 12 month
c) Limitations on fee waivers for recurrin~ events. Reauests for waivers of fees for recurrin~
events shall ~ifV!~ ~b~ of eCents'~nd armroxir~ate date or: eroeeted occurrences of suez
lWents. EVents exeeedin~ the number or time-frames annroVed bv the Board ahall require the
submission of a new reauest for fee waiver.
revised 7/2/99
Words ~,_,,,t- ,h .....h are deleted, words double-underlined are added.
AGEM:)A ITEM
Page 24 of 24
AUG 0 3 1999
" , : EXHIBIT B
Schedule of Fire Prevention & Control Fees
FIRE PREVENTION & CONTROL PERMIT FEES
The following fees shall be ~qessed on all _applications for building permit:
A. Fire Code Com_~ialtce Plan Review Fees*
1) The fee for fire plan review shall be 15% of the Collier County building,
, I. ~; (structural _norlion) permit fee. ' :!
. The fee for fire plan review of fire sprinkler and fire alarm=s~_steras shall
~ $O.001 .per square foot of gross floor area.
·; 3);, ', :.-The fee .for fire,plan review of Site D~lopment Plans (SDPs) shall be
4) ihe p~' _an,,_llc~tm fee for fire plan review ~h~ be ~ 5% a the Collier
. . Comity_, bai!dingpwmit application fee or $25.00. whichever is _re'eater.
$) . ! The fee for fire plan revie,.v of as.built drawings shall be 15% of the
general Collier County permit fee for as-built reviews provided for by
county resolution.
The minimum fire plan review fee shall be $25.00
B. Fire Code Compliance Inspection Fees*
1) For valuation of construction costs less than $1.000.000.00 - a fee of
$0,015 per square foot of _m'oss floor area.
2) For valuation of construction costs of $1.000.000.00 or greater - a fee of
$0,020 per square foot of _m'oss floor area.
3) For Fire Sprinkler Systems. the fee shall be $0.005 per square foot of~oss
floor area.
4) For Fire Alarm Systems. the fee shall be $0.005 per square foot of gross
floor area. AC.~.nD~ rrt~
~/'7_7'
1 AU6 0 3,999
$) For Exhaust Hoods. $40.00 shall be assessed per hood.
6) For Hood Suppression Systems/Spray ExtinguiShing Systems. the fee shall
l~e $6.25 per sprinkler or spray head.
7) For Fire Pumps. the fee shall be $120,00 per pump,
8) For Under-mound Private Fire Service Water Mains, the fee shah be
..... ' $80~00 Delbuildin~svstcrn served, :'! '
' 9~ ~:For Fire Standpi_~ Systems, the fee shall be $80.00 per system.
'~' 16) 'i~;r'~ing Hydrant and Alternative Wat~ S.u~.ly Systems the fee shall
be $120.00 per installation.
11) For Street blame changes. the foe shall be $120.00 per change,
12) For Flammable or Combustible Liquid Tanks - The _t~'rnit foe for each
: flammable or combustible liquidtank or tank system shall be c, alculated at
$49.00 .for the first 2,000 gallons of_moss water capaci_ty of the tank and an
additional $20.00 for each additional 5.000 ~allons of moss water capacity
of the tank or fraction thereof.
13) For Liquefied Petroleum Gas Tanks or Systems - The permit fee for each
L,P tank or tank system shall be calculated at $49.00 for the first 2.000
gallons Of gross water capacity_ of the tank and an additional $20.00 for
each additional 5.000 gallons of gross water capacity of the tank or
fraction thereof.
14) The minimum gas permit fee shall be $49.00
15) The minimum fire code compliance inspection permit fee shall be $40.00.
16) REINSPECTION FeE - Reinspections of any _typ_e shall result in an
additional fee of $25.00 per unit inspection for the first reinspection.
$40,00 for the second reinspection. and $50.00 for the third and each
successive reinspection.
Gross Floor Area is defined as that total area of the structure(s) under roof. AC.,rB~A ~TFM
AUS O 3 1999
2
Pg. ,,1--?'.
EXCEPTIONS:
1 ) Structural permits for detached one and two family dwellings are exempt
from fire prevention permit fees.
2) permits that do not present a fire protection eon~e~,n. i.e./swimming pools.
concrete decks. radio u'ansmission towers. etc.; ar~ exerapt from fire
prevention permit fees. The Office of the Fire Code Official shall make
9) . . Fire standpipe systems. when part of a combination systwa with fire
snrinklers. do not require either a separate _nctrait or _neatnit fee.
*Note: Fire Districts may have additional fees. duly adopted by their local board of fire
rr0mmissioners. forother various ~rvices such as open burning permits; fireworks
disp_htys- etc.. Please refer to the appropriate resolution of the fire district.
August 1999
AGFJ'~DA IITr. M
AUS 0 3 1999
Exhibit "A"
Schedule of Development ReView and Building permit F~s
A) ADMINISTRATION
Board of Adjustment Appeals
Appeal Filing $ 250.00
Interpretations
Official Interpretation Request of Land ' "'" ....
Development Code or Growth Management Plan $100.00
Interpretation request
during reView prodess $25.00
Determination of Vested Rights $ 50.00
(plus the County's
out-of-pocket expenses
associated with hearing
officer and hearings)
Appeal of Vested Rights Determination $ 50.00
Amendment to Land Development Code $1,200.00
Appeal from an Administrative Decision $200.00
(non-refundable)
B) BLASTING PERMITS & INSPECTIONS
30 day permit fee, non-refundable payable
upon application $85.00
AGENDA ITEM ' q
Page 1 of 20 ~./',/_T
AU,3 0 3 1999
Exhibit "A"
90 day permit fee, non-refundable payable
upon application $200.00
Yearly permit fee, non-refundable payable
upon application $500.00
Renewal permit fee, non-refundable payable
upon application-: - $100.00 -
After-the-fact fee, due to blasting without .
the benefit of permit $2,$00.00
Fine f~, pe;r d~tonated shot. with
afier-the-fagt ,permit ..- $100.00
Handler foe, *for handler who assists the user
orblaster in the use of explosives $25.00
In addition to the blasting permit application fees, the following
inspection fees shall be paid upon issuance of a blasting permit.
Blasting Inspection Fee: $275.00
, . - ,, ,-, per acre
Trench Blasting: $50.00
per linear foot
Quarry Blasting: The fee for quarry blasting shall be an annual fee based on
the estimated number of blasts per year at $75.00 each. (This number may
be adjusted based on the actual number of blasts occurring within a given
year.)
C) ENVIRONMENTAL/LANDSCAPING
Agricultural Clearing Permit
First acre or fraction of an acre $85.00
Each additional acre or fraction of an acre $43.00
($250.00 maximum )
Environmental Impact Statement (EIS) $350.00
Page 2 of 20 uo./,~.-I'
AUS 0 3 1999
Pe...
Exhibit "A"
Landscape Re-inspection
1st $43.00
2nd $51.00
'Every inspection after 2nd $64.00
Special Treatment Review (ST)
First five acres or less $85.00
Each additional acre (or fraction
....... :-' ~ ....thereof): $9.00 ($850.00
Coastal ConStnietion Control Line Variance
CCSL P~rmit ~ ' '! '
' '' Dune Walkover $150.00
Dune Restoration $100.00
Variance Petition $1,000.00
Sea Turtle Permit
Sea Turtle Handling Permits $25.00
Sea Turtle Nesting Area Construction Permit $200.00
Sea Turtle Nest Relocation $100.00
Vegetation Removal Permit
First acre or fraction of an acre $85.00
Each additional acre or fraction of an acre $43.00
($900.00 maximum)
Vehicle on the Beach Permit Permit Application $250.00*
* Permit fee shall be waived for public and non-profit
organizations engaging in bona fide environmentai acti~,ities
for scientific, conservation or educational purposes.
Page 3 of 20
AU~ 0 3 1999
Exhibit "A'
After-the-fact Environmental or Landscape Permits
CCSL Variance Petition 2x normal fee
All other Environmental or Landscape
Permits & ln~ections 4x normal fee.
D) EXCAVATION PERMITS
Arereal Renewal $85.00
Application (Private) $85.00
Application (Commercial) $850.00
Application (Development) $125.00
Permit for private and development excavations
(tipon approval of application, fee not to exceed $3,000.00):
1) 0--2000 cubic yards excavated material $64.00
2) Each additional 1,000 cubic yards excavated material '$3.00
3) Over-excavation penalty per cubic yards $1.00
Reapplication $64.00
Road Impact Analysis $125.00
T'nnc Extension $ 43.00
After-the-fact Excavation Permit 4x normal fee
E) RIGHT-OF-WAY PERMITS
' Right of Way Construction Permit* (Right-of-way permits $125.00
issued in conjunction with an approved subdivision shall not
require payment of right-of-way construction permit fee.)
Right of Way Construction Permit Renewal $43.00
Rdnspection fees:
AGENDA ffF, M
Page 4 of 20
~U3 0 3 1999
Exhibit "A"
1st $43.00
2nd $51.00
· Each inspection after 2nd $64.00
Jack-and-bore $170.00
Open-cut construction $235.00
PSC regutate~i or County Frlmchised Utilities $85 ~00
Sprinkler Head Placement in County R.O.W. $25.00
Tur~lane/mediem construction ROW construction permit fee
plus applicable Inspection fee
After-the Fact permits · 4 times
normal fee (Max. $1,000)
*NOTE: In addition to the right-of-way permit application fee, the applicant shall
pay a $50.00 per day inspection fee based on the number of work days as
determined by the engineer or agent of record. Right-of-way permits .limited to the
authorization of driveway connections shall be exempt from the inspection fee.
F) SITE DEVELOPMENT PLANS
Site Development Plan Review (SDP) $425.00
plus $9.00 per D/U plus
$21.00 per residential
building structure; and
$425.00 plus $.01 per
square foot plus
$21.00 per building for
non-residential.
Utility Plan Review & Inspection Fees
Construction Document Review 0.50%
of probable water
and/or sewer
construction costs
Construction Inspection 1.50%
Page 5 of 20
A:j3 0 3 1999
Exhibit "A"
of probable water
and/or sewer
construction costs
Construction Document Resubmission or
Document Modification Submit as
insubstantial change
, ($85.00)
Site Development Plans - 3rd and subsequent
additionalreviews ·: - - $175.00
Site Development' Plan A~t~ndmellt $215.00
Site Development Plan Insubstantial Change $85.00
Site Development Plan .Time Extension · $85.00
Site Development Plan Conceptual Review $215.00
Additional review of construction plans for phased
.cot~,u~ti<m t~f Sit~ .Developraent/Improvement Plan
improvements. $215.00 per
phase
Site Improvement Plan Review (SIP) $215.00
Violation of the conditions of approval of the SDP/SIP or
installation of improvements, clearing, or other land alteration
not depicted on, or otherwise authorized as a part of the approved
SDP/SIP. 4 x the SIP/SDP
application fee.
G) SUBDIVISION
Lot Line Adjustment $125.00
Subdivision Review Fees
Construction Document Review 0.42%
of probable. cost of
construction.
AGENDA ITEM
Page 6 of 20
AU3 O 3 1999
Exhibit "A'
Construction Document Resubmission
or Document Modification -
Submit as Insubstantial Change $85,00
Subdivisions - 3rd and subsequent additional
reviews and substantial deviations from approved
construction documents $425.00
Subdivision Inspection Fee : 1.3%
.. of probable cost of
construction for const,
Subdivision, P~eliminary Plat (PSP) -
Petition Application $425.00
...... · . · : . , ; . plus $4,00 per acre for
residential; $425,00 plus
$9~00 per acre for
non-residential; (mixed
use is residential)
Administrative Amendment : , $215,00
;Final Plat -$425,00
, .-plus $4,00 per acre for
residential; $425,00 plus
$9,00 per acre for
nonresidential; (mixed
use is residential)
Additional review of construction plans for phased
construction of subdivision improvements, $425,00 per
phase
Two-year Extension $85,00
Water and Sewer Facilities
Construction Document Review 0.50%
of probable water and/or
sewer construction costs
Page 7 of 20
AUG 0 3 1999
Exhibit "A'
Construction Document Resubmission or
Document Modification, 0.25 %
of probable water
and/or sewer
construction costs
Construction 'Inspection 1 .'50%
of probable water
. . ,:., ._ - and/or sewer
conslraction costs
Violation of the conditions of approval of approved
construction plans ~ ~4-~tallation of improvements,
clearing, or other land alteration not depicted on, or
otherwise authorized as a part of the approved
construction plans or permit. Four times the
.. -- , -' ..; PSP oilFinal
Plat Review
Fee.
r) TEMPORARY USE PERMITS
Temporary Use Permit Sales $75.00
· Model'Homes .andSAles Centers $75.00
Construction and Development $75.00
Garage and Yard Sale Permit $0.00
Temporary Use Amendment, $75.00
Renewal or Extension Twice the fee for
renewals or extensions
requested after the
expiration date.
Temporary Use Permit for Maj~ Special Events requiring
BCC approval, including Circus ~ and Camival Permits $250.00.
Political Signs (Bulk Temporary Permit) $5.00
J) WELL PER1VIITS/INSPECTIOI~;*
AGENOA ITEM
Pa~e 8 of 20 No,/7...T
AU6 0 3 1999
P,.
Exhibit "A"
Hydraulic elevator shaft permit $128.00
Test hole l~rmit (including 1st six holes) $43.00
- each additional hole - $5.00
Well permit (abandonment) $13.00
Well permit (construction or repair) $64.00
Well permit (monitoring) $43.00
Well Permit (modification of monitor or test well -, ~' -
to a production well) ...... , - :~ $21.00
*NOTE: Multiple wells may be,allowed on onepermit, bat ~dh'well nmst~be.,
accounted for and the appropriate fee shall be charged for each well in
accordance with the above listed schedule. - -
Well Reigspeetqlo~s
First Reinspection ~: .. , ! $43.00
Second Reinspecfion $51.00
Third Reinspection ..' ','. ,' ~' ' "~'~ $64.00
After-the-fact well permits 3x normal
fee per violation.
K) ZONING/LAND USE PETITIONS
Alcoholic Beverage or Service Station $425.00
Separation Requirement Waiver
Boat Dock Extension Petition $425.00
Conditional Use Petition $700.00
($50.00 when filed with Rezone Petition)
Conditional Use Extension $175.00
DRI Review (In addition to cost ofrezone) $2,500.00
AGENDA ITE~
Page 9 of 20 No. /7 ~
/,U3 O 3 1999
Exhibit "A"
Plus $25/acre
DRI DO Amendment $1,300.00
Flood Variance Petition $425.00
Interim Agriculture Use Petition $350.00
Non-Conforming Use. Change(Alt~ation - ' '$425.00
Off-Site and Shared Parki.n8 Amen___dmem $425.00
PLID Amendmt,-nts (PDAs)
Minor $1,300.00'
Major .I. $2,125~
*Minor & Major:
*Property owner notifications: $1.00
.... . ;. '~ .. - . non,~orti~ed mail
.... .. ~ · certified remm receipt mail
*Note: Petitioner to pay this mount after receipt of invoice from Planning
Services Department. Petition will not be advertised until payment is
received.
Planned Unit Development Amendment (Insubstantial) $637.50
Rezone Petition (Regular) $1,800.00
Plus $25/acre
Rezone Petition (to PUD) $2,500.00
Plus $25/acre
Street Name Change $200.00
Plus $t.00 for each
property owner requiring
notification of proposed
street name change.
Variance Petition $425.00
AGF, NDA ITEM
Page ]0 of 20 No,~
AUG 0 3 19 9
pi.
Exhibit "A"
Variance (Administrative) $200.00
Zoning Certificate:
Residential: $15.04:)
Commercial: $45.00
After-the-Fact Zoni'ng/Land ljse Petitions 2x the normal
petition fee
L) MISCELLANEOUS ,- .... :
Data Conversion Fec (to cover the cost of converting
graphic and narrative information into electronic format) $25.00 per
site plan or
, . ~, .... . . ;~, .~;, land use petition
$15, 00 per
amendment (PUD,
,site plan, etc.)
Official Zoning Atlas Map Sheet $.50
· ~ l~ublications, maps,
reports and photocopies
per sheet As set forth
in Resolution 98-498,
as amended.
Requests for zoning/land use verification $25.00 per
parcel.
Research: The fee for researching records, ordinances, and codes that are no longer
current shall be $40.00 per hour with a one-half hour minimum charge. The fee for
creating and designing special computer generated reports that are not a part of the regular
standard reports shall be $25.00 per hour with a one-half hour minimum charge
M) BUILDING PERMIT APPLICATION FEE
A permit application fee shall be collected at the time of applying for a building permit.
The permit application fee shall be collected when the plans are submitted for review.
The fee shall be applied toward the total permit fee. The applicant shall' forfeit the
application fee if the application is denied or if the application is approved and the permit
AGE. N~A ITEM
Page 11 of 20 No.
AUS O 3 1999
Exhibit "A"
is not issued within the time limitation as stated in Section 103.6.1.1 of the Collier County
Ordinance No. 91-56, as mended.
The application fee will be computed as follows:
Single family and duplex* "' -$.05 per sq. ~. with minimum of ,100.00
Multi-Family&Commercial* -$.05persq. fi. uptol0,000sq. ft.
- . ; - $.025 for square footage owr 10,000 ~q. ~.
* The ~ .application f~ shall NOT exceed $5,000.00.
Miniram fe~.ash3ti~do for each of the fiitlowing: plumbing; mechanical (A/C);
electrical; tim; and building, when applying for additions/alterations.
Minimum fee for all other applicatigns = $36.00.
The balance .of the t~tal permit fee will be collected at the time of issuance of the permit
and will include any fee adjustments necessary. .
The fee for a building permit shall be computed as follows:
Such fees shall be either based on the contractor's valuations of construction cost or based
on calculated cost of construction as set forth on the attached Building Valuation Data
Table, whichever is greater.
1) Valuation of construction costs of less than $750.00 - No permit or fee is required,
but construction must comply with all County Codes and Ordinances. If
inspections are required by the Building Official or requested by the applicant, the
appropriate fees shall be paid.
EXCEPTION: All work involving structural components and/or fire rated
assemblies requires permits and inspections regardless of construction cost; signs
must secure permits as stated in Collier County Ordinance No. 91-102, as
amended.
2) Valuation of construction costs of $750.00 through $4,999.99 - A fee of $36.00.
AGE]~D A I'~:.M
Page 12 of 20 ~. /7 ~
AUS 0 3 1999
Exhibit "A"
3) Valuation of construction costs of $5,000.00 through $49,999.99 ~ A fee of $17.00
plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess
of $2,000.00.
4) Valuation of construction costs of $50,000.00 through $1,000,000.00 - A fee of
$333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation
in excess of $50,000.00.
5) : Valuation of construction costs over $1,000,000.00 - A fee of $3,474.00 plus
$3.00 per thousand dollars, or fraction thereof, of building valuation in excess of
$1,000,000.00.
O) ELECTRICAL PERMIT FEES ~-. ':~ :
The fees for electrical permits for new structures or placement or relocation of structures
shall be computed as follows:
1) $0.40 per ax~ere rating of all single-phase panelboards.
2) $0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above
does not apply.
3) -When not a complete installation, all switch and circuit breakers ahem of panel
boards shall be computed at $0.15 per ampere.
4) Permit foes for any change in electrical installation shall be computed at the above
rates for that peaion of new and/or increased fees in existing electrical facilities.
5) The minimum for any electrical pennit shall be $36.00 per unit or tenant space.
6) Fifty percent (50%) in additional fee costs shall be added to all above fees for
three phase installations.
EXCEPTION: Ordinary repairs limited to a $200 value or less may be made
without a permit. Repairs must comply with all County Codes and Ordinances. If
inspections are required by the Building Official or requested by the applicant, the
appropriate fees shall be paid.
P) PLUMBING PERMIT FEES
The following fee calculations shall be applied separately when the permit involves mixed
occupancies.
AGENDA ITEM
Page 13 of 20
AU3 O 3 1999
Exhibit "A'
1) Residential occupancies: The fee for a plumbing permit shall be computed at the
,rate of $36.00 to be charged for each living unit with one to three bathrooms. An
additional fee of $10.00 will be assessed for each additional bathroom.
2) Nonresidential occupancies: The fee for a plumbing permit shall be computed by
the following methods, whichever is calculated to be the greatest fee:
a) .The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or
~ h). :- tnst~a~i0nal facilities, hospitals, schools, restaurants and repairs in any
occupancy classification shall be charged at the rate of $ 1 .00 per fixture
.urtit; or
~) , Minimum of $36.00 for each 0ccapancy or tenant sp~e.
3) Grease traps: An additional fee of $36.00 shall be assessed for each grease trap.
4) The costfor.xetr6fitpiping shad becorrtputed at~ the minmmm fee 0f$36.00 per
floor for each main riser.
5) · .The cost~of a permit for lawn sprialdersystemsshall be ~npu~ed using the dollar
I ~valuafion as shown under Section M of this Resolution.
6) The minimum. plumbi~ permit fee shall .1~ $36.00. , · ·
MECHANICAL PERMIT FEES
The following fee calculations shall be applied separately when the permit involves mixed
occupancies.
1) Residential occupancies: The mechanical permit fees shall be computed at the rate
of $36.00 for each living unit up to three tons of air conditioning. Each additional
ton or part thereof shall be $3.00 per ton.
2) Nonresidential occupancies: The mechanical permit fees shall be computed by one
of the following methods, whichever is calculated to be the greatest fee:
a) The rate of $36.00 for the first three tons or three horsepower of air
conditioning or other mechanical systems per tenant space, each additional
ton of air conditioning or horsepower shall be $3.00; or
b) The rate of $3.00 per 425 square feet of floor area, or fraction thereof.
Page 14 of 20
AUG 0 3 1999
Exhibit "A'
3) A permit for the change out of components shall be calculated at the above
mechanical permit fee rate or the minimum fee whichever is greater.
4) The cost of retrofit piping shall be computed at the minimum fee of $36.00 per
floor for each cooling tower, or $36.00 for the first 3 horsepower-and $3.00 for
each additional horsepower, whichever is greater.
5) The minimum mechanical permit fee shall be $36.00.
R) FIRE PREVENTION AND CONTROL PERMIT FEES
The fees and eX~ti0ns S~ i~Orth in thel"Exhibit B;' affixed hereto and made a part of this
Schedule ofDov~e.lopm~C.nt Review apd B_ui!d'mg p,~mit Fees shall apply~ Fir~ Pp:ykmtion
and Control Perm~forboth the ind~ex~t, and dependent fire districts.
S) MOBII,E HOME/OFFICE TRAII,ER AND OTi~F~R TRAIIJ~,R PERMIT FFJr~,~
1 ) The permit fee shall be $37.00 to set-up a single-wide trailer or mobile home on an
approved site. plus electrical, plumbing, mochanical and fire protection fees as
applicable.
2) The ~ ~fee shall be/557.00 to set-up a double wide or larger mobile homes on
an approved site plus .electricaL, plum~bing, mechanical and fire protectign~ fees as
applicable.
T) CHICKEES AND SIMILAR STRUCTURES
The permit fee will be based upon a calculated cost of construction of $4.00 per square
foot under roof or the contractor's estimated cost of construction, whichever is greater.
The fee will then be calculated in accordance with Section B of this Resolution.
Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when
applicable.
U) POOL OR SPA PERMIT FEES
1) The fee shall be $79.00 for construction of each public pool or spa.
2 ) The fee shall be $53.00 for construction of each private pool or spa.
V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES
Construction costs shall be calculated as follows:
1) Screen Roof --- $2.00 per sq. ft. of floor area. (Screen Walls Only)
Page 15 of 20 so./,7 ~T'
AUS 0 3 1999
Exhibit "A"
2) Pan Roof --- $3.00 per sq. ft. of floor area. (Screen Walls Only)
3) Existing Roof --- $2.00 per sq. ft. of floor area. (Screen Walls Only)
The screen enclosure or roof fee will then be calculated in accordance with
Section A of this Resolution.
W) SIGN PERMIT FEES
Sign permit fees ~: ]~'-~cat~ulaXed in.acco~dance with both:
1) Section N)Building Permit Fees and
2) Section O)'Electrical Permit Fees (if applicable)
The minimmn signet ~ fl~tl be$36.00.
NOTE: Multiple signs of the satne type (i.e., wall signs) and signs for a single project
may be eombinext on one permit, however an appropriate fee shall be charged for each
sign in accordance with the schedule set forth in Paragraph W above.
X) CONVENIENCE PERMIT FEES
Convenience permits are issued in :blocks of 10 each, Only licensed cttmraaors are
~ eligible to purchase Convenience permits. Convenience permits are limited to the use
specified c;n the permit. ~ .... " ' '
The fee for a book of 10 Convenience Permits is $300.00.
Y) REVISION AND AS BUILT PLAN REVIEW FEES
1 ) PERMIT AND PLAN REVISIONS
The fee for each permit revision submitted after permit issuance shall be
calculated using fee schedules outlined in Sections B through G above.
The minimum permit fee for revisions to permitted projects shall be $36.00.
2) AS BUILT PLANS
The fee for "As Built" plan review shall be ten (10) percent of the original building
permit fec or $150.00, whichever is greater, but shall not exceed $500.00. The fee
is intended to cover the cost of reviewing amended building plans in the office to
determine that change orders and various field changes are in compliance with the
minimum construction and fire codes of Collier County.
A~A IT~
Page 16 of 20 no. /,fliir
O 3 1999
Exhibit "A"
The following are required for As-Built drawings review:
a) An itemized list of all changes made after permit plan approval.
b) As-Built plans that have all changes made after permit plan approval
"clouded".
c) As.Built plans ,and ch~,es shal! be ~gned .and sealed by the engineer
and/or architect of!lxXnxl.
3) PERMITS REQUIRED
Permits will be roquired.to:make coffeelions to any deficiencies found.
This fee shall be paid prior to plan review.
AA) PERMIT EXTENSION .
The filing fee for each permit extension shall be equal to 10% of the original building
permit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee
is intended to cover the cost of reviewing existing or amended building plans to determine
and verify code compliance.
BB) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEE~;
The pertnit fee shall be $36.00 for the demolition of any building or structure.
CC) PRE-MOVING INSPECTION FEES
The fee shall be $150.00 for the Pre-Moving inspection of any building or structure.
DD) INSPECTION FEES
A charge of $20.00 per inspection shall be assessed for inspections for which a permit is
not necessary.
A user fee of $40.00 per inspection shall be assessed for inspections requested after
normal working hours or on a time-specified basis.
EE) REINSPECTION FEES
AGENDA ITEM
Page 17 of 20 ~. ~ tT
,/.U3 O 3 1999
Exhibit "A"
Reinspections for any type of building permit shall result in an additional fee of $25.00
per inspection for the first reinspection, $40.00 for the second reinspection and $50.00 for
the third and each successive reinspection.
FF) Fp-ILURE TO OBTAIN A PERMIT
Where work for which a permit is requii'ed is startied or proceeded With prior to obtaining
said permit, the fees herein specified shall be four times the regular fee not to exceed
$1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit
when one is required having a cost greater than $250,00 shall be two times .~he regular
amount. The payment of such fee shall not relieve any person from fully complying With
the requirements of any applicable comlruction code or ordinance in the execution of the
work, or from anypenalty p~bed.~ any construction cod~, law. or o.rdinance of
Collier County.
GG) ~
The fees for licensing ite~ns are as follows:
Letters of Reciprocity : .~ , . I, $3.00
~_ Contractors Change of Status $10.00
Voluntary Registration of State Certified Contractors $10.00
Pictures $2.00
Laminating $1.00
(per license)
ttH) DUPLICATE PERMIT CARDS
The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason.
II) CHANGE OF CONTRACTOR OR SUBCONTRACTORS
To record a change of contractor or subcontractor, on a permit that has been issued, the
fee shall be $36.00; this fee includes the issuance of a new permit card.
JJ) PERMIT FEE REFUNDS
If requested, in writing by the owner or his authorized agent, 50% of the fees charged,
other than the application fee, may be refunded-provided that a permit has been issued,
Page 18 of 20 no./,fl ~'
AUG O 3 1999
Exhibit "A"
construction has not commenced, and the refund is applied for prior to the cancellation of
the permit.
KK) RECORD RETRIEV~L
The fee for retrieving records from inactive or remote storage including micro filmed
documents shall be a minimum of $t5.00 or $3.75 per file whichever is greater.
LL)
The fee for blueprint and miscellaneous copying shall be as follows:
Microfilm copies, standard documents $2.00 each.
Micro film copies, of plan $5.00 each.
Blueprint copies, size 24 X 36 $3.50 each, size 36 X 48 $5.00 each. Charges for
reproducing a complete set of plans shall be $2.00 pea'page for 24 X 36 and $2.50 per
page for 36 X 48.
The fee for researching records, ordinances, and codes that are no longer current shall be
$40.00 per hour with a one-half hour minimum charge.
The fee for creating and designing special computer generated reports that are not a part
of the regular standard reports shall be $25.00 per hour with a one-half hour minimum
charge.
NN) SUBSCRIPTION SERVICE
The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year.
The subscription year is from Oct. 1 through Sept. 30.
OO) ELECTRONIC DATA CONVERSION SURCHARGE
A surcharge in the amount of 3% of the building permit application fee, with the
minimum surcharge being $3.00 and the maximum being $150.00, will be applied to
every building permit application submitted. A flat fee of $3.00 per permit will be
charged for those permits for which an application fee is not required per Paragraph M of
this schedule.
A~A Fr~k~
Page 19 of 20
AU3 O 3 1999
Exhibit "A"
PP) REGISTRATION OF RENTAL DWELLINGS
The fee for registration of rental dwellings is as follows:
1 ) Initial Registration Fee - $15.00
2) ,Annual'Renewal- $10.00 --
QQ) Fee. Waiver Procedures -
1. R~uests for f~ waive~'s may only be approved by th~ Board c~f County Commissioners. Waiver
~equ~sts for d4~veflopm~nt r~,vi~-vv and building penrot f~.,s ahall b~ subrnittexi in ~writing directly to the
n aop ent & o-ment s ices nivi.ion who ill prenare
necutiVe ~ for consideration by the Board.
2. Such requests ahall include a statnncnt indicating the reason for th~'f~ waiver request and, if
applicable;the ~ of the organizatio~ r~u~sting the fee waive. ~ ~.~I .
3. The Board may :conskk~allowing fee waivers for Temporary Use Permits for special events and for
right-of-way permits ' t~ plac~ tcn~orary signs within the ROW for w.~m'ring events, subject to the
following criteria: · ' - .... ,:
a) .F~ Waivexs for remm'ing e,,~emts Within any 12-month period. The Board nmy grant a single fee
waiver to cover multiple r~urring eyelets within any 12-month period provided the number of
evea'tts during that. 12-momh period.does not ex~ced 12 and that no more than one event is
scheduled in any 30 day period,
b) F¢¢ waivers for recurring annual and semi-annual events. The Board may grant a single fee
waiver to cover multiple recurring events within any 3-year period provided the total number of
events does not exceed 6 and that no more than 2 events are scheduled within any 12 month
period.
c) Limitations on fee waivers for recurring events. Requests for waivers of fees for recurring
events shall specify the number of events and approximate date or expected occurrences of
such events. Events exceeding the number or time-flames approved by the Board shall require
the submission of a new request for fee waiver.
Revised August 1999.
Page 20 of 20 AUG O 3 1999
EXHIBIT B
Schedule of Fire Prevention & Control Fees
FIRE PREVENTION & CONTROL PERMIT FEES
The following fe~s shall be assessed on all applications for building permit:
A. Fire Code C.~ee Plan Review Fees*
1 .) -,;, . ...T~ f~ for fire plan revi ow. shalt be t 5 % o f the Col lier Countybuild ing
(taxuctural portion) permit fee.
2) The, f~e for :tim plan review of fire ~rinkler and ~:e alarm systems shall
be $0:00 ] per square foot of gross floor area,
The fee for fire plan review of Site Developmetal Plans'(SDPs) shall be
$25,00
4) The permit application fee for fire plan review shall be 15% of the Collier
County building permit app!,ic. atjon fee or $25,00, whichever is greater,
5) The fee for fire plan review of as-built drawings shall be 15% of the
general Collier County permit fee for as-built reviews provided for by
county resolution,
6) The minimum fire plan review fee shall be $25,00
B. Fire Code Compliance Inspection Fees*
1 ) For valuation of construction costs less than $1,000,000.00 - a fee of
$0.015 per square foot of gross floor area.
2) For valuation of construction costs of $1,000,000.00 or greater - a fee of
$0.020 per square foot of gross floor area.
3) For Fire Sprinkler Systems, the fee shall be $0.005 per square foot of gross
floor area.
4) For Fire Alarm Systems, the fee shall be $0.005 per square foot of
floor area.
AUG 0 3 1999
5) For Exhaust Hoods, $40.00 shall be assessed per hood.
6) For Hood Suppression Systems/Spray Extinguishing Systems, the fee shall
be $6.25 per.sprinkler or spray head.
7) For Fire Pumps, the fee shall be $120.00 per pump.
"8) ". ~.~o~ tJadergr0...,und ,Private Fire .Service Water Mains, the fee shall be
$1~0.00 perlyailding/system Iser~ed.
9) For Fire Standpipe Systems, the fee shall be $80.00 per system.
10) For Dinfling Hydrant and Alternative Water Supply Systems the fee shall
be $120.00 l~r installation.
11 ) For Street Name changes, the fee shall be $120.00 per change.
12) For Flammable or Combustible Liquid Tanks - The permit fee for each
~ammable or combustible liquid tank or tank system shall be calculated at
$49.00 for the first 2,000 gallons of gross water capacity of the tank and an
.... ' ' additional $20.00 for each additional 5,000 gallons of gross water capacity
of the tank or fraotion thereof.
13) For Liquefied Petroleum Gas Tanks or Systems - The permit fee for each
- L.P tank or tank system shall be calculated at $49.00 for the first 2,000
gallons of gross water capacity of the tank and an additional $20.00 for
each additional 5,000 gallons of gross water capacity of the tank or
fraction thereof.
14) The minimum gas permit fee shall be $49.00
15) The minimum fire code compliance inspection permit fee shall be $40.00.
16) REINSPECTION FEE - Reinspections of any type shall result in an
additional fee of $25.00 per unit inspection for the first reinspectio. n,
$40.00 for the second reinspection, and $50.00 for the third and each
successive reinspection.
AGENDA ITEM
Gross Floor Area is defined as that total area of the structure(s) under roof. ~_/_7 LT"
AUG 0 3 1999
2 pz- ,:f';-
EXCEPTIONS:
Structural permits for detached one and two family dwellings are exempt
from fire prevention permit fees.
Permits that do not present a fire protection concern, i.e., swimming pools,
concrete decks, radio transmission towers, etc.,. are exempt from fire
prevention permit fe~s. ,The,Office of the Fir~C~od~e .Officialshall make
this dete~nination.
Fire standpipe systems, when part of a combination system with fire
,
sprinklers, do not require either a separate permit or permit fee.
*Note: Fire Districts may have additional fees, duly adopted by their local board of fire
commissioners, for other various services such as open burning permits, fireworks
displays,' etc. ~ Please refer to the appropriate resolution of the fire district.
August 1999
3 AUS 0 3 1999
RESOLUTION NO. 99-
A RESOLUTION ESTABLISHING A SCHEDULE OF DEVELOPMENT
RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN
DMSION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
AND ALSO PROVIDING FOR A SCHEDULE OF FEES FOR FIRE
PREVENTION PERMITS ESTABLISHED AND ADOPTED BY THE
I,PeDEPENDENT FIRE DISTRICTS TO APPLY TO DEPENDENT FIRE
DISTRICTS; SUPERSEDING RESOLUTION NO. 9t'j-642 AND RESOLUTION
WHEREAS, the Collier County Land Development Code., Section 1.10.1
provides that the Board of County Commi~ioncrs shall establish and adopt by resolution
~t gchedule of fees and charges for application and document l:mat. msing, public meetings,
/roblie hearings, oth~ mectin~ and hearings, transcripts, approvals, denials, development
permits, development ordi~rs, development, conm'uc~ intm'prctations, enfon~anent
iu~mmn services, aale of documents, review, reattmh~ion and any other zoning or
development rclatexi service and any other sewices provided or costs incu~ed by the
Conroy; and
.... '~ ~, the Board of County Co~nmissioners approved Resolution 95-642
establishlugs fec schmiutc of dt.*velopment related x~view and processing foes on
November 14, I995; and which Resolution was subsoqucntly mended by Resolution 96-
594 on December 17, 1996; and
WHEREAS, the Board of County Commissioners directed staff to adopt a new
fee resolution to reflect the Board's adopted development review and building permit fee
waiver policies and procedures; and
WHEREAS, many operations within Community Development and
Environmental Services Division are funded by user fee revenues; and,
WHEREAS, the new, decreased or increased fees for certain petition types,
including engineering inspections, temporary use permits for special events r~luiring
Board approval and petitions to change street names, are reflective of the actual cost of
processing and reviewing such petitions; and
WHEREAS, the establishment of a fee for data conversion from paper to
electronic format will allow the Division of Community Development an, N0. _ ~"
Services to better organize, store and access files and improve informatiol management;
AUG 0 3 1999
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
The Board of County Commissioners hereby declares that the fees set forth in
the Schedule of Development Review and Building Permit Fees, attached hereto, and
incorporated by .reference herein as Exhibits "A" and "B" are fair and reasonable sums to
be assessed to those who receive the benefits of th~se services, reviews and inspections
, .~.~.~:
required by the Land Development Code and the Cotmty Permitling process.
BE IT FURTHER RESOLVED that this Resolution ndating to fees in the Land
Development Code be recorded in the minutes of this Bom'd and that Resolution
numbered 95-642 and arllendatory Resolution number 96-594 are he~oy superseded by
-~.
~ adoption of this Resolution.
This Resolution adopted after motion, second and majority vote.
Done the ~ day of . -{999 .: ~I _
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Dwight E. Brock, Clerk Pamela S. Mac'Kie, Chah'woman
Approved as to form and legal sufficiency:
Marjc~ie M. Studen~
Assistant County Attorney
AGENDA
2 AUG 0 3 1999
EXECUTIVE SUMMARY
PETITION PUD-99-20, WILLIAM L. HOOVER, MCP, REPRESENTING GULF
SUN CORPORATION, REQUESTING A REZONE FROM "A" TO "PUD" TO
BE KNOWN AS WHIPPOORWILL LAKES PUD, A RESIDENTIAL
DEVELOPMENT NOT TO EXCEED 518 DWELLING UNITS, ON PROPERTY
LOCATED APPROXIMATELY ¼ MILE SOUTH OF PINE RIDGE ROAD (C.R.
896) ON WHIPPOORWILL LANE, IN SECTION 18, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 76.85 +
ACRES.
OBJECTIVE:
The petitioner is seeking to rezone the subject parcel from "A" Rural Agricultural to
"PUD" Planned Unit Development in order to develop the subject property as a mixed
residential project consisting of approximately 518 multifamily and/or single family
dwelling units on 76.85 acres.
CONSIDERATIONS:
The subject property is located south of the Pine Ridge Road - 1-75 Activity Center with
r---- access from Pine Ridge Road (CR-896) via Whippoorwill Lane a local road. An 11.42
acre parcel (Parcel "B") extends into the Activity Center and is between 1-75 and the
Seagate Baptist Church property, and borders the south side of the Best Western Hotel.
The remaining 65.43 acres of the proposed PUD extend southward and are bordered on
the west and south sides by low-density single-family development and some vacant
properties which are zoned "RMF-6", "RSF-5", and "A" Rural Agricultural, respectively.
The existing residential properties located to the west across Whippoorwill Lane and
directly to the south have developed at densities of four to five dwelling units per acre. A
PUD, Whippoorwill Woods, located less than ~A mile to the south was approved for 5.51
dwelling units per acre in 1998. No other development has been approved or has taken
place in this area.
Maximum eligible residential densities in the Activity Center and the Activity Center
Density Band are determined through the Density Rating System provided in the Growth
Management Plan (GMP). The 11.4-acre Parcel "B" qualifies for up to 16 units per acre
because it is located in the Activity Center. The remaining 65.43 acres (Parcels A,C, &
D) of the PUD qualify for up to 7.0 dwelling units per acre because they lie within the
Activity Center Density Band.
The applicant proposes a maximum of 518 dwelling units for an overall density of 6.74
dwelling units per acre. The Parcels "A", "C", and "D" will be limited to a maximum of
6.0 dwelling units per acre to provide a transitional land use density through the project.
~" A maximum of 16 dwelling units per acre will be allowed in Parcel "B" which .s lo~A
,,
AUG 0 3 1999
L
in the Activity Center; however, the petitioner has indicated that Parcel "B" will likely be
developed at a maximum of 10 dwelling units per acre. The proposed densities are within
the range allowed by the Density Rating System.
Rezone Findings were made by the Collier County Planning Commission (CCPC) and
staff as required by Section 2.7.2.5 of the LDC. Those findings support the proposed
rezoning as outlined in the Analysis Section and as recommended here (see exhibits with
Staff Report).
The petition has also been reviewed by the appropriate staff responsible for oversight .
related to the referenced areas of concem. This included reviews for environmental,
transportation, and traffic impacts. Staff recommendations are included in the
development commitments sections of the PUD Document, which also incorporates
stipulations made by the Environmental Advisory Committee (EAC). Analysis for
consistency with applicable elements of the GMP shows that the petition if approved will
be consistent with the elements of the GMP.
PROS/CONS:
Pros
(i) The subject petition appears to be consistent with the locational criteria for residential
development as it applies to the County's Growth Management Plan.
(ii) The PUD development plan will provide for transitional density to make it more
compatible with neighboring development.
(iii) Roads and utilities will be extended along Whippoorwill Lane at the owners expense.
Cons
(i) Some residents may find that any increase in residential development will bring
increased inconveniences such as traffic.
FISCAL IMPACT:
Whippoorwill Lakes PUD will likely be a multi-family residential project. Based upon
authorized uses and planned intensity of development, the following revenue is estimated
at build out.
Impact Fees
Park Impact Fee: $578.00 per unit x 518 du's = $ 299,404.00
Library Impact Fee: $180.52 per unit x 518 du's = 93,509.36
Fire Impact Fee: $0.15 per Sq. Ft. of bldg. area
@ 1,200 SF x 518 x 0.15 = 93,240.00
School Impact Fee: $1,778.00 per unit x 518 du's = 921,004.00
Road Impact Fee: $1',379.00 per unit x 518 du's = 714,322.00
Radon Impact Fee: $.005 per Sq. Ft. of bldg. area
@ .005 x 518 x 1,200 = 3,108.00
AUG B 3 1999
EMS Impact Fee: $14.00 per unit x 518 = 7,252.00
Bldg. Code Adm.: $0.005 per Sq. Ft. of bldg. area
@ .005 x 3000 x 518 = 7,770.00
Micro Film Surcharge: $2.00 per unit x 518 = 2,072.00
TOTAL IMPACT FEES $ 2,141,681.30
The average size of most of the proposed dwelling units will be 1,100 - 1,200 square feet.
This project will provide 518 dwelling units of this size or less; therefore, the estimated
total amount of impact fees collected at build out will total $ 2, 141,681.30+. this is a raw
estimate based on current impact fees and proposed dwelling units.
In addition to the impact fees described, there are building permit review fees and utility
fees associated with County water and sewer connections. Building permit fees have
traditionally off-set the cost of administering the community development review
process, whereas, utility fees are based on their proportionate share of impact to County
utilities.
Finally, additional revenue is generated by ad valorum taxes. The amount of revenue
generated by the ad valorum tax depends on the value of the improvements. At this time,
staff has not developed a method to arrive at a reasonable estimate of tax revenue based
on ad valorum tax rates.
The above discussion deals with revenue streams. Keep in mind, any discussion of fiscal
impact analysis is incomplete without an estimate of costs that will be generated by a
particular land development project. But, at this time, staff has not developed a method
by which to estimate the cost of a particular land development project. Such a model, in
our opinion, would be misleading because there is no certain way, with respect to housing
projects, to determine their value and likelihood that not all of the authorized
development will occur.
Regardless of a lack ofmethodologies to determine all of the fiscal impacts of a land
development project, development still has concurrency relationships or limitations.
When levels of services (LOS) fall below County adopted standards, a mechanism is in
place that would require that building activities would cease until such a time as
additional facilities are provided for by the developer or made available by the County.
Certain LOS standards also would require a countywide concurrency determination
versus an area or local determination such as for roads. The proposed Whippoorwill
Lakes PUD will not cause County LOS to be exceeded.
This rezoning by and of itself will have little or no fiscal impact on the County. However,
if this rezoning is approved, the land could be further developed. New development will
result in a future fiscal impact on County public facilities. The County collects im tact
fees prior to the issuance of building permits to help off-set the impact of each nexr AGENDA ITE.~
development on public facilities. These impact fees are used to fund projects in
AUS 0 3 1999
pg.
Capital Improvement Element needed to maintain adopted levels of service for public
facilities. In the event that impact fee collections are inadequate to maintain adopted
levels of service, the County must provide supplemental funds ~7om other revenue
sources in order to build needed facilities.
GROWTH MANAGEMENT IMPACT:
The approval of this rezoning request will not affect or change the requirements of the
Growth Management Plan. A review of consistency relationships with elements of the
GMP is as follows:
Future Land Use Element - The northernmost portion of the proposed PUD is Parcel "B",
an 11.42 acre parcel that lies within the Pine Ridge Road (C.R. 896) - Interstate 75
Activity Center. The Activity Center allows a density of up to 16 dwelling units per acre
based on proximity to the major intersection that it surrounds and the compatibility of the
surrounding land uses. The remaining 65.43 acres of the PUD lies within the Residential
Density Band that surrounds the Activity Center. The Residential Density Band provides
for an additional three (3) dwelling units per acre that may be added to the Urban
Designated Area base density of four (4) dwelling units per acre, for up to seven (7) total
dwelling units per acre. Parcels "A", "C", and "D" of the proposed PUD are located
within the Residential Density Band qualifying the southern portion of the PUD for up to
seven (7) total dwelling units per acre if deemed compatible with surrounding land uses.
The applicant proposes a density of 6.74 dwelling units per acre with a maximum 518
total dwelling units. This is less than the possible 8.33 dwelling units per acre and 640
total dwelling units allowed by the Density Rating System and which is calculated as
follows:
Parcels "A", "C", and "D"
Base Density 4 du's/acre
Activity Center Density Band +3 du's/acre
Maximum Permitted Density = 7 du's
Maximum Number du's ~
65.43 acres x 7 du's per acre = 458 du's maximum
Parcel "B"
Activity Center = 16 du's/acre
Maximum Number du's @
11.42 acres x 16 du's/acre = 182 du's maximum
Total Maximum Density Allowable = 640 du's/76.85 acres = 8-.33 du's per acre
~" The requested density is consistent with the provisions of the Density Rating S,_ stem
provided the density is otherwise deemed compatible by Staffs analysis (Attach ~entsAamoA l~
"A" and "B"). ~. 7fi'/C' _
AU3 0 3 1999
P~-
Transportation Element - The Traffic Impact Statement estimates that the 628 MF units
(reduced to 518 du's) will generate an average of 3,898 Weekday Daily. The peak hour
trips are estimated at 385 trips. Based on this analysis, Staff estimates the site generated
traffic from the proposed change will exceed the significance test standard (5% of the
LOS "C" design volume) on Pine Ridge Road (CR~896) after trip assignments are made;
however, the project trips will not lower the level of service below the adopted LOS "E"
standard. Therefore the project will be consistent with Policy 5.1 and 5.2 of the Traffic
Circulation Element (TCE).
It should be noted that this segment of CR-896 is projected to be deficient in 2003 if road
improvements are not completed. Since this segment from CR-31 to Logan Blvd. is
scheduled to be improved to six (6) lanes by the year 2000, the LOS will remain at an
acceptable standard after build-out of this project. Also, an intersection analysis of CR-
896 and Whippoorwill Lane indicates that the LOS will remain at acceptable standards
with a traffic signal; therefore, the project complies with Policy 1.3 and 1.4 of the TCE.
Keep in mind though, the applicant proposes an additional project on Whippoorwill Lane
that in combination with this project would cause the 5 percent LOS "C" significance test
to be exceeded and would lower the LOS on CR-896 even more.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is not located within an area of
historic/archaeological probability as designated on the official Collier County
Probability Map.
PLANNING COMMISSION RECOMMENDATION:
At the July 15, 1999 meeting of the Collier County Planning Commission, the
Commission voted unanimously to recommend approval of Petition PUD-98-20 to the
Board of County Commissioners. There were no objections ~'om the public.
A~,NDA ITEM
AUS O 3 1999
PREPARED BY:
PR/NCIP~R' DATE
REVIEWED BY:
/RONALD F. N1NO, AICP ': ~ DATE
CURRENT PLANNING MANAGER
ROBERT J. MULHERE, AICP, DATE
PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY:
VINCENT A. CAUTERO, ~CP, ~M~ST~TOR DATE
COMITY DEV. ~ E~O~ENT~ SVCS.
Petition PUD-98-20, Whippoorwill Lakes PUD.
Tentatively scheduled for the August 3, 1999 BCC meeting.
AGF_I~A ITEM
AUS 0 3 1999
AGENDA ITEM 7-I
MEMORANDUM
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DATE: JUNE 16, 1999
RE: PETITION PUD-98-20, WHIPPOORWILL LAKES PUD
OWNER/AGENT:
Agent: Mr. William L. Hoover, AICP
Hoover Planning
3785 Airport-Pulling Road, Suite B
Naples, Florida 34105
Owner: Mark Bates, President
Gulf Sun Corporation
533 Turtle Hatch Lane
Naples, Florida 34103
REQUESTED ACTION:
This petition seeks to have the herein described land rezoned from its current classification of "A"
Rural Agricultural to "PUD" Planned Unit Development to be known as Whippoorwill Lakes PUD
for a mixed-use residential development.
GEOGRAPHIC LOCATION:
The property is located 1/4 mile south of Pine Ridge Road (CR-896), north of Night Hawk Drive
between Whippoorwill Lane and 1-75, in Section 18, Township 49 South, Range 26 East (See
location map on following page).
PURPOSE/DESCRIPTION OF PROJECT:
When completed, the project master plan will provide a singular development that will encompass
approximately 76.85+ acres of land to be developed with a mixed residential land use strategy in the
PUD Document. If approved, the development plan will include the following:
1. A total of 628 dwelling units with a density of 8.17 units per acre, which the applicant
estimates is consistent with the maximum density permitted by the Future Land Use
Element (FLUE) of the Growth Management Plan (GMP). ! AG~DA Ilr~.
2. Open space that includes a 14.7 acre preservation area, 16.1 acres of a lake, and
,--- landscaping and buffering equaling 72 percent open space and exceeding the minimum 60
percent required for PUDs.
3. Common access for recreation use of the preservation area and lake.
4. Four development tracts (Parcels "A"-"D").
5. A gate house.
6. Access from Pine Ridge Road via Whippoorwill Lane.
SURROUNDING LAND USE AND ZONING:
Existing: The property is undeveloped and is zoned "A" Rural Agricultural.
Surrounding: North- To the north lies the Seagate Baptist Church and the Sutherland Center
Commercial PUD. Both are within the Activity Center which contains a
motel, fast food restaurant, a convenience store, and a service station.
East - To the east lies the Interstate 75 right-of-way and drainage canal.
South - Two single family homes abut the proposed PUD on the south side. Properties
located farther to the south are mostly undeveloped and designated "A" Rural
Agricultural. The Whippoorwill Woods PUD, approved in 1998, lies
approximately 660 feet south and was approved for mixed housing with a
· ~ density not to exceed 5.51 dwelling units per acre.
West- A six-bed hospice is located across Whippoorwill Lane from the northwest
comer of the proposed PUD. The underlying zoning for the property is RMF-
6 which allows no more than six units per acre. Running southward from the
hospice are properties zoned "A" Rural Agricultural and "RSF-5" Residential
Single Family with a maximum density of four (4) dwelling units per acre.
These properties contain four (4) existing single family homes.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The proposed PUD lies within the Urban Mixed Use - Urban Residential Subdistrict as designated by
the Future Land Use Map (FLUE) of the Growth Management Plan (GMP). This designation
provides for higher densities in an area with relatively few natural resource constraints and where
existing and planned public facilities are concentrated. It is also located partially within the Pine
Ridge Road (C.R. 896) - Interstate 75 Activity Center with the remainder of the PUD lying within
the Residential Density Band that provides for an additional three (3) dwelling units per acre. The
following consistency analysis addresses the relationship of the proposed PUD with applicable
elements of the GMP:
Land Use Element and Density - The northernmost portion of the proposed PUD is Parcel "B", an
11.42 acre parcel that lies within the Pine Ridge Road (C.R. 896) - Interstate 75 Activity Center. The
Activity Center allows a density of up to 16 dwelling units per acre based on proximity i · tl,~ ~i,~A toTEM "
intersection that it surrounds and the compatibility of the surrounding land uses. The re~g/TA"'
2
AUG 0 3 1999
65.43 acres of the PUD lies within the Residential Density Band that surrounds the Activity Center.
The Residential Density Band provides for an additional three (3) dwelling units per acre that may be
added to the Urban Designated Area base density of four (4) dwelling units per acre, for up to seven
(7) total dwelling units per acre. Parcels "A", "C", and "D" of the proposed PUD are located within
the Residential Density Band qualifying the southem portion of the PUD for up to seven (7) total
dwelling units per acre if compatible with surrounding land uses.
The applicant proposes a density of 8.17 dwelling units per acre based on a possible 640 dwelling
units determined as follows:
Parcels "A", "C", and "D"
Base Density 4 du's/acre
Activity Center Density Band +3 du's/acre
Maximum Permitted Density = 7 du's
65.43 acres x 7 du's per acre = 458 du's maximum
Parcel "B"
Activity Center = 16 du's/acre
11.42 acres x 16 du's/acre = 182 du's maximum
Total Maximum Density Allowable = 640 du's/76.85 acres = 8.33 du's per acre
The requested density is consistent with the provisions of the Density Rating System provided the
density is otherwise deemed compatible by Staffs analysis (Attachments "A" and "B").
Traffic Circulation Element - The Traffic Impact Statement estimates that the 628 MF units will
generate an average of 3,898 Weekday Daily Trips more than the currently approved Club Estates
PUD. The peak hour trips are estimated at 385 trips. Based on this analysis, Staff estimates the site
generated traffic from the proposed change will exceed the significance test standard (5% of the LOS
"C" design volume) on Pine Ridge Road (CR-896) after trip assignments are made; however, the
project trips will not lower the level of service below the adopted LOS "E" standard. Therefore the
project will be consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE).
It should be noted that this segment of CR-896 is projected to be deficient in 2003 if road
improvements are not completed. Since this segment from CR-31 to Logan Blvd. is scheduled to be
improved to six (6) lanes by the year 2000, the LOS will remain at an acceptable standard at~er build-
out of this project. Also, an intersection analysis of CR-896 and Whippoorwill Lane indicates that the
LOS will remain at acceptable standards with a traffic signal; therefore, the project would comply
with Policy 1.3 and 1.4 of the TCE. Keep in mind though, the applicant proposes an additional
project, which in combination with this project would exceed the 5 percent LOS "C" significance test
and would lower the LOS on CR-896 even more.
Furthermore, the Pet Ranch Road right of Way is proposed to be vacated. The applicant also proposes
vacating Nighthawk Drive, which provides access to the property abutting this PU'D on: [s sotllr:tl~lltu
thus reducing any future interconnections to development to the south. The loss of in erc~
3 0 3 1999
;~.//
between the PUD and future development to the south is not consistent with Policy 9.3 of the TCE.
.-- In addition, the FLUE Density Rating System of the GMP requires subtracting one (1) dwelling unit
from the project for lack of interconnection of local streets.
Open Space Element and Natural Features - The required amount of open space will be achieved by
the retention ofwetland and jurisdictional preserve areas, and other open space totaling 55.4 acres (72
percent) of the gross acreage and including land set aside for: preservation (14.7 acres); landscaping
(24.6 acres); and a lake (16.1 acres). As a result, the proposed conservation and open space plans are
consistent with the Conservation and Open Space Elements of the GMP.
Other Applicable Element(s) - These include utilities and water management. Development of the
land will proceed on the basis of connection to the County's sewer and water distribution system. '
Once these utility lines are completed in accordance with County standards, they will be conveyed to
Collier County as required by County Ordinances. Water management facilities will be constructed to
meet County Ordinances and these will be reviewed and approved as a prerequisite to obtaining
subsequent development order approvals. The above prescribed course of action should make this
petition consistent with this element of the GMP.
- HISTORICAL/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside of an area of historical and
archaeological probability as referenced on the official Collier County Probability Map, therefore, no
Historical/Archaeological Survey and Assessment are required.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of concern. This primarily includes a review by the Community
Development and Environmental Services Division Staff and the Transportation Department Staff.
The petition was reviewed by the Environmental Advisory Board (EAB) and was recommended with
minor stipulations that were incorporated into the PUI) Document.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. This evaluation is intended to provide an objective,
comprehensive overview of the impact of the proposed land use change, be they positive or negative,
culminating in a staff recommendation based on that comprehensive overview. The listed criteria are
specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus
requiring staff evaluation and comment, and shall be used as the basis for a recommendation of
approval or denial by the Planning Commission to the BCC. Each. of the potential impacts or
considerations identified during the staff review are listed under each of the criterion noted and are
categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of
each of the criterion is followed by a summary conclusion culminating in a determination of
compliance, non-compliance, or compliance with mitigation. These evaluations are col
separate documents and are attached to the staff report as Exhibit "A" and Exhibit "B".
AUG 0 3 t999
F~.
In addition, appropriate evaluation of petitions for rezoning should establish a factual basis for
supportive action by appointed and elected decision makers. The evaluation by professional staff
should typically include an analysis of the petition's relationship to the community's future land use
plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of
its related elements. Other evaluation considerations should include an assessment of adequacy of
transportation infi'astrucmre, other infi'astmcture, and compatibility with adjacent land uses as they
relate to both the rezoning action and the long range plan for future land uses. Subsequent to this
analysis, Staff advises the following:
Relationship to Future and Existing Land Uses: This provides for a discussion of the relationship
of the proposed zoning action to the Future Land Use Element (FLUE) of the Growth Management
Plan (GMP) as it applies specifically to Collier County's legal basis for land use planning.
Compatibility - The subject property is located within the Urban Mixed Use - Urban Residential
Subdistrict as identified on the Future Land Use Map of the GMP. The site is located contiguous to
the west alignment ofi-75 south of the Pine Ridge Activity Center and east of the Whippoorwill Lane
southern terminus.
The applicant proposes a multifamily development on four parcels of the proposed PUD. Those
parcels are designated as Parcels "A" through "D". Parcel "B", is 11.42-acres in size and is located
just south of the Best Western Hotel located in the Sutherland Center PUD. Both the hotel and Parcel
"B" are located within the Pine Ridge Activity Center, which allows for higher density residential
development up to 16 dwelling units per acre. Parcel "B" also abuts a church property located on its
western boundary, and the northern boundary of Parcel "A". The church property is mostly
undeveloped with the church being located in the northwestern one-quarter of the property and, in
effect, creates a buffer or transition between the commercial properties located to its north and
Parcels "A" and "B" of the proposed PUD.
Parcels "A" and "D" are located near lower density residential uses located on the west side of
Whippoorwill Lane. Those properties contain four single family homes with the exception of a
hospice located near the northwest comer of Parcel "A". The single family homes are considered
lower density residential with lot sizes ranging from one-quarter acre to one-half acre in size. The
smaller lots are zoned RSF-5 with a maximum density of four (4) dwelling units per acre.
The remaining parcels located to the west and south of Parcel "A" are zoned Rural Agricultural and
are mostly undeveloped at this time, except for two large lots with existing single family homes
located on the south side of the PUD. Also, located approximately 660 feet south of the proposed
PUD is Whippoorwill Woods PUD, which was approved for mixed residential uses with 5.51
dwelling units per acre in 1998. In addition, the owner of the Whippoorwill Lakes property has
recently submitted another application for a multifamily PUD that will lie between the Whippoorwill
Lakes and Whippoorwill Woods PUDs. The owner is requesting to develop that PUD with a
maximum allowable 210 dwelling units.
Given the contiguous relationship of the subject property to a commercial use (i.e., hotel) and a
church, and considering the impact of Interstate 75, a higher density residential development is
justified. This is moreover supported by the density strategy inherent in the density rating system that
acknowledges higher densities as related to location within an activity center (i.e., 1{5 du's~Wli~ '
density band (i.e., 7 du's/acre). The question we need to answer is, what is the desi ~ablh~.ansition/Z/F'
5
AUG O 3 1999
density? The PUD to the south (Whippoorwill Woods) is approved for 5.51 dwelling units per acre.
Most likely, the land area to the west of Whippoorwill Lane will be limited to three (3) dwelling units
per acre because, for the most part, only the base density from the density Rating System applies to
this land area. Amendments to the GMP, although not officially adopted, are nevertheless for all
practical purposes now in effect and would limit the density of this project to five (5) dwelling units
per acre assuming the proposed reduction of the base density to two (2) dwelling units per acre can be
increased to three (3) dwelling tinits per acre based on design and highway relationships.
Because the density of the Whippoorwill Woods PUD is now approved for 5.51 dwelling units per
acre, it would not be equitable to require a lesser density in an area that is supposed to be a transition
between higher density and intensity to an area of lower density and intensity; therefore, Staff
recommends a density of six (6) dwelling units per acre and asserts that this would be more'
compatible with the type of surrounding development and the density/intensity characteristics.
Traffic - The primary vehicular access point will be from the southward extension of Whippoorwill
Lane. Whippoorwill Lane intersects with Pine Ridge Road (CR-896) within the Pine Ridges
Highway Interchange Activity Center. The access road should operate with an acceptable level of
safety and is subject to the Access Management Plan. The increased traffic impact from this and other
proposed PUD development along Whippoorwill Lane may substantially reduce the level of service
(LOS) on CR-896 but the LOS should remain at acceptable standard at the build out of this project,
especially with the six lane widening proposed for CR-896 in the year 2000; therefore, the proposed
PUD meets the policies of the Traffic Circulation Element.
Although road capacity may be at an acceptable LOS, the proposed PUD does not provide for
interconnectivity as required by the FLUE Density Rating System of the GMP. The FLUE Density
Rating System subtracts one (1) dwelling unit per acre from a project for failure to interconnect with
all existing and future projects when possible. This project also proposes to vacate existing road
rights-of-ways and fails to provide interconnections as portrayed on the concept plan. If
Whippoorwill Lane is ever extended to the proposed Livingston Road, it might help reduce some of
the traffic load onto CR-896 and help to compensate for a lack of interconnection between the PUDs
and future development in this area. It is highly unlikely that would happen before build out of these
PUDs, if it ever happens.
Utility Infrastructure - Both County sanitary sewer and water supply are available to the property and
will be extended as a consequence of future development. All development must comply with
surface water management requirements invoked at the time of site development plan approval as the '
case will be for development of this land.
Community Infrastructure and Services - The subject property has convenient access to a wide range
of community infrastructure which is enhanced by its proximity to activity centers at 1-75 and
Airport-Pulling Road, which contain shopping centers and business and medical offices all within a
short driving distance. Police, fire and other emergency services can be readily provided from the
appropriate facilities located nearby.
PUD Document and Master Plan - The PUD document is modeled a~er the County Planning Services
Model PUD Document in terms of format, general provisions, and development standards and
commitments. The PUD Document contains all of Staffs recommendations and will ~ake ~r&t-y~.t~D~'
6
O 3 1999
of standards commonly employed in similar PUDs in the County. The uses will be well buffered and
contain adequate separation and landscaping.
The proposed PUD will also provide sidewalks and paving of Whippoorwill Lane for access to this
PUD and future development located to the south. It will also include a common area, trails, and
access to the lakes and preservation areas for recreational use by residents.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-98-
20, the Whippoorwill Lakes PUD Document and Master Plan, to the Board of County
Commissioners subject to the following condition:
1. Density shall be limited to six (6.0) dwelling units per acre for a total of 461 dwelling units.
AUG O 3 1999
PREPARED BY:
/,.EWED BY:
6.
· , , MANAGER DATE t
CURRENT PLANNING SECTION
R~E ~'*--.z p.
RE, A~CP, DIRECTOR DATE
PLANNING/SERVICES DEPARTMENT
//
V~CENT A. CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Staff Report for July 15, 1999 CCPC meeting.
Note: This petition has been scheduled for the August 3, 1999 BCC meeting.
COLLIER COUNTY PLANNING COMMISSION:
PUD-98-20 WHIPPOORWILL LAKES PUD/STAFF REPORT/DJM
FINDINGS FOR PUD
PUD-98-20
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
1. The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the !and, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
Pro: (i) Intensifying land development patterns produces economics of scale relative
to public utilities, facilities and services, which are currently available in this
area.
(iii) The extent that location choice is enhanced for residential environments within
the urban area reduces the push on urban sprawl.
(ii) The subject property is served by a network of arterial roads, all within the
urbamzed area facilitating access to a variety of community services and
facilities.
Con: (i) Proposed density and intensity is not compatible with existing and future
residential densities of the surrounding environs.
(ii) Loss of travel time for users of the same arterial road network.
(iii) Existing residents often perceive a residential intensification near their
neighborhood as contributing factors to inconveniencing traffic movements to
and from their place of residence, decreasing safety, increasing noise, and
reducing property values.
FindinE: Jurisdictional reviews by County staff support the manner and pattern of the
proposed development, except for the proposed density for the subject property unless
modified. Any inadequacies that require supplementing the PUD document will be
recommended to the Board of County Commissioners as conditions of approval by staff.
Recommended mitigation measures wilt ensure compliance with Level of Service
relationships as prescribed by the Growth Management Plan. Development conditions
contained in the PUD document give insurance that all infrastructure will be developed
and be consistent with County regulations.
AC~[~DA
AUG 0 3 1999
Based on the criteria of the FLUE of the GMP and Staffs review of compatibility of the
proposed PUD with surrounding land use, Staff is of the opinion that the proposed
density needs to be adjusted to make the proposed PUD more consistent with Policies 5.1
through 5.4 of the FLUE of the GMP. A more acceptable density would be based on an
overall maximum total of 461 dwelling units with an overall maximum density of 6.0
units per gross acre. This should allow for compatibility with surrounding properties and
a transition from higher density to lower density land use. This is more consistent with
the intent of the Density Rating System and the policies of the FLUE.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
operation and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
Pro/Con: Evaluation not applicable.
Finding: Documents submitted with the application provide evidence of unified control.
The PUD document makes appropriate provisions for continuing operation and
maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan.
Pro: (i) The development strategy for the subject property is consistent with most of
the goals, objectives and policies of the Growth Management Plan.
Con: None
Finding: The subject petition has been found consistent with the goals, objectives and
policies of the Growth Management Plan. A review of consistency relationships with
elements of the GMP is as follows:
Future Land Use Element and Density - The subject site is located within the Urban
Mixed Use -Urban Residential Subdistrict on the Future Land Use Map of the GMP.
Parcel "B" of the proposed project is also within the Pine Ridge Road (CR-896) -
Interstate 75 Activity Center. This area is limited to a base density of four dwelling units
per acre and three dwelling units per acre for the area located within the Residential
Density Band up to a total of seven dwellings per acre if the development is compatible
with the surrounding land use. Since Parcel "B" is within the Activity Center it qualifies
for up to 16 dwelling units per acre based on the criteria of the Density Rating System
and land use compatibility. The failure to provide an interconnection of loc i stretd~
adjacent properties results in a reduction of one dwelling unit per acre by the BCCn~.
If the applicant adjusts the density to be more consistent with the Density Rating System
and makes provision for compatibility and transitional densities, Staff would be able to
support the request. Based on Staffs analysis, this project is only eligible for 461
dwelling units at a density of 6.0 dwelling units per acre based on density bonus
provisions of the Density Rating System and compatibility (see Analysis in Staff's
Report). The recommended density also takes into account staffs analysis of
neighborhood compatibility, transitional densities, and buffering. Appropriate density
will ensure that the development of the property will be compatible with nearby
properties.
Land Use - The Urban Residential Subdistrict allows all residential structure types and
other uses normally found in a residential environment, such as recreational use.
Traffic Circulation Element - Analysis of the subject petition concluded with a finding
that the petition is consistent with the policies of the TCE.
Recreation and Open Space - The proposed PUD provide approximately 72 percent of the
project as open space, which will include a lake, landscaping, and preservation area.
Staff's review indicates that the petition has been designed to be consistent with the GMP
with the exception of the proposed density.
4. The internal and external compatibilit}' of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and
buffering and screening requirements.
Pro: The PUD has been designed to minimize intemal land use conflicts through
open space separation thereby protecting sensitive areas and buffering
residences internally.
Con: The proposed higher density is not deemed compatible externally. Densities in
Parcels "A" and "D" should be held to compatible densities of no greater than 5-
6 dwelling units per acre in order to provide for buffering between adjacent off-
site land uses and to provide transition ~:om lower density to higher density
residential development.
Findine: The PUD Master Plan has been designed to optimize internal land use
relationship through the use of various forms of open space separation. Additionally,
most external relationships are automatically regulated by the Land Development Code to
ensure harmonious relationships between projects. While this holds tree for most of the
proposed PUD, the proposed density still needs to be reduced to acceptable levels to help
enhance the external relationships; therefore, Staff recommends that the proposed density
be reduced and transition from the lower density areas to the higher density northern area
(Parcel "B").
AUG D 3 1999
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
Pro/Con: Evaluation not applicable.
Summary Finding: The amount of open space set aside by this project meets or
exceeds the provisions of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
Pro/Con: Evaluation not applicable.
Summary_ Finding: Timing or sequence of development in light of concurrency
- requirements is not a significant problem (see Staffs Report).
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Pro/Con: Evaluation not applicable.
Summary Findinl~: Ability, as applied in this context, implies supporting infrastructure
such as wastewater disposal system, potable water supplies, characteristics of the
property relative to hazards, and capacity of roads, is supportive of conditions emanating
from urban development. This assessment is described at length in the staff report
adopted by the CCPC. Relative to this petition, development of the subject property is
timely, because supporting infrastructure is available.
8. Conformity with PUD regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degree at least equivalent to literal
application of such regulations.
Pro/Con: Evaluation not applicable.
Summary Finding: This finding essentially requires an evaluation of the extent to
which development standards proposed for this PUD depart from development standards
that would be required for the most similar conventional zoning district. The development
standards in this PUD are similar to those standards used for the particular housing
structures and associated requirements. The proposed density will be conforming if it is
held to an acceptable density (see Staffs Report).
A~A iTEM
FINDINGS FOR PUD-98-20/DJM
AUG 0 3 1999
REZONE FINDINGS
PETITION PUD-98-20
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives & policies
of the Future Land Use Map and the elements of the Growth Management Plan.
Pro: Development orders deemed consistent with all applicable elements of the GMP
should be considered a positive relationship.
Con: None
Summary_ Findings: The PUD as proposed is in compliance the Future Land Use
Element of the Growth Management Plan with the exception of the proposed density of
development. The uses permitted within this PUD are consistent with the currently
approved uses.
2. The existing !and use pattern;
Pro: A more detailed study is contained in the staff report.
Con: None
Summary Findings: The parcel is of a sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts because it is consistent with expected
land uses by virtue of its location within the Urban Residential Subdistrict on the Future
Land Use Element and location within the density band.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The proposed rezone is similar to other approved PUDs in this area. Approval of
this PUD will not create an unrelated zoning district.
Con: Evaluation not applicable.
Exhibit "B" ~'~
AUG 0 3 1999
Summary. Findings: The parcel is of sufficient size that it will not result in an isolated
district unrelated to adjacent and nearby districts.
4. Whether existing district boundaries are iliogicaily drawn in relation to existing
conditions on the property proposed for change.
Pro: The district boundaries are logically drawn and they are consistent with the FLUE of
the GMP.
Con: None.
Summary_ Findings: Nearby Lands are zoned PUD that will contain similar residential
- development. In addition, the boundaries are logically drawn by virtue of the site's
location within two existing zoned PUD projects.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: 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
Growth Management Plan) is a positive one.
Con: None.
Summary Findings: With the exception of the proposed density of 8.17 dwelling units
per acre, the proposed zoning change is consistent with the Growth Management Plan.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: (i) Adjacent properties north of Parcel "B" are higher density and located
within an activity center. The properties further south and southwest are
zoned for lower density (0.4 to 5.0 du's per acre); therefore, the proposed
density of development does not adequately buffer or transition fi'om
higher densities to lower densities.
(ii)The proposed apartment use will be appropriate near the activity center
and 1-75.
AGENDA ITEM
0 3 1999
F:'E.,_c2Eel__
Con: (i) Although the PUD will contain a preservation area, proposed densities
may be too high for this area.
Summary_ Findings: The proposed PUD will not adversely influence living conditions
in the neighborhood if the recommended development standards and other conditions are
approved to ensure the least mount of adverse impact on adjacent and nearby
developments. A lower density should be adopted to ensure that the FLUE policies and
objectives to limit densities are being met.
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
~ - Pro: (i) An action to rezone the property as requested is consistent with the traffic
circulation element.
(i) The property will access private and public roads providing access to the
arterial and collector road system serving the project. Other projects
dependent upon the same street system may perceive this result as one
which will reduce their perceived comfort levels.
Con: (i) As urban intensification increases, there is some loss of comfort and ease
of travel to the motoring public. However, by law, this degree of
discomfort is regulated by concurrency requirements.
(ii) In the short nm construction traffic is necessary for development may be
irritating to local residents.
Summary Findings: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent,
and, when developed, will not excessively increase traffic congestion. Additionally
certain traffic management system improvements may be required as a condition of
approval (i.e., turn lanes, traffic signals, dedications, etc.). In the final analysis, all
rezone actions are subject to the Concurrency Management System.
8. Whether the proposed change will create a drainage problem;
Pro: (i) The Land Development Code specifically addresses prerequisite
development standards that are designed to reduce the risk of flooding on
nearby properties. New development in and of itself is not su ~posed to
increase flooding potential on adjacent property over and ab
would occur without development.
AUG 0 3 1999
3
Con: (i) None
Summary_ Findin_~s: 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 as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro: The proposed mixed use development conforms to the approved zoning on the
adjacent properties. The overall development standards are compatible with the standards
listed for the similar commercial districts in the LDC that are designed to protect the
- circulation of light and air to adjacent areas.
Con: None.
Summary Findin_~s: 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: Typically urban intensification increases the value of contiguous underutilized
land. This project should have little negative impact on surrounding properties if
development standards and conditions are followed.
Con: Sometimes, urban intensification is perceived as having a negative impact on
neighboring property values.
Summary Findin_~s: This is a subjective determination based upon anticipated results
which may be internal or external to the subject propexty that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determinatiori by law is driven by market
value. The mere fact that a property is given a new zoning designation may or may not
affect value. The proposed PUD should have a positive impact on property values,
especially if it is developed with transition of density and intensity of development.
AGENDA IT'F..I~
AU-3 0 3 1999
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.
Summary_ Findines: The basic premise underlying the zoning development standards in
the LDC is that their sound application, when combined with the site development plan
approval process, gives reasonable insurance that a change in zoning will not deter
improvement of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro/Con: Evaluation not applicable.
Summary Findines: The proposed PUD complies with the Growth Management Plan.
Public policy statements support zoning actions when they are consistent with said plan.
In light of this fact the proposed change does not constitute a grant of special privilege.
Consistency with the FLUE is further determined to be a public welfare relationship
because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary Findin!~s: The subject property can be developed in accordance with the
existing zoning, however to do so would deny this petitioner of the oppommity to
maximize the development potential of the site as made possible by its consistency
relationship with the FLUE as contained in the Growth Management Plan.
14. Whether the change suggested is out of scale with the needs of the neighborhoed or
the County;
Pro: The project would comply with the GMP if the proposed density is lowered.
Con: The project as proposed on the Master Plan (concept plan!) makes it diftieult to
determine whether it is designed in a manner that is compatible with surrounding
and approved PUD property in size and scale.
Plan as a whole because the intensity of land uses
s .. AUG 0 3 1999
Pg..
proposed. Although the PUD Document appears to address the scale of development, the
concept plan makes it difficult to determine the scale and intensity of development
because it does not define where units may be located in relation to internal and external
development.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
Summary Findings: There are many sites that are zoned to accommodate the proposed
development. This is not the determining factor when evaluating the appropriateness of a
rezoning decision. The determinants of zoning are consistency with all elements of the
GMP, compatibility, adequacy of infi'astructure and to some extent the timing of the
- action and all of the above criteria.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
Summary Findines: The extent of site alteration will be determined as a function of
obtaining a Site Development Plan approval that will further define the PUD.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summary Findines: A multi-disciplined team responsible for jurisdictional elements of
the GMP have reviewed this petition and have found it consistent with the GMP. The
conditions of approval have been incorporated into the PUD document. Staff reviews for
adequacy of public services and levels of service determined that required infrastructure
meets with GMP established relationships.
,...... REZONE FINDINGS R-98-20/DJM
s j AUG O 3 1999
Applicant Name (Agere): William L. Hoover, AICP, of Hoover Planning
Address: 3785 Airport Road North, Suite B, Naples, FL 34105 Phone: 403-8899
Fax: 403-9009
Property Owner (Petitioner) Name and Address: Mark Bates, Presidere, Gulf Sun
Corporation. 533 Tunic Hatch Lane, Naples, Forida 34103 Phone: 261-6434 Fax: 261-
6434
Detailed Legal Description of Subject Property:
Section 18 Township 495 Range 26E
See attached Exhibit "A"
Property Idemification #: Parcels "A" and "B" = 00287000001 (Spaide Land), Paxeel
"C" = 00286320009 and 0028636001 (Cook Land), and Parcel "D" = 00286400000
(Rayburn Land).
Size of Property: 2270+ Feet x 1,320+ Feet (L-shaped) = 76.85+ Acres
General Location of Subject Property: Located 1/4 mile south of Pine Ridge Road, and
encompasses the area north of Night Hawk Drive, between Whippoorwill Lane and 1-75..
Adjacem Zoning and Land Use:
ZONING LAND USE
N - Agricultural/PUD Seagate Baptist Church north of our western
1/2 and Best Western Motel north of our
eastern 1/2.
S - Agricultural Vacant with 2 scattered single-family homes.
E-Right-of-Way 325' wide Interstate 75 ROW/Drainage
Canal.
W - Right-of-Way and then Whippoorwill Lane/Hospice of Naples
RMF-6/Agric./RSF-5 and Single-Family homes on Lake.
AC~I[:)A IT~'''~
AUG O 3 1999
Existing Zoning: Agricultural
Proposed Land Use or Range of Uses: PUD with Permitted Uses of coach homes,
attached villas/patio homes. townhouses/condominiums. garden apartments and single-
family homes.
Does Property Owner own contiguous property to the subject property: If so, give
complete legal description of the entire contiguous property:
No.
Has a public hearing for a rezone been held on this property within the past 12 months? If
yes, please write the rezone application number.
No.
Is this property currently vacant? Yes. If the answer is no please describe the current
_ land use and all existing structures.
Signature of Petitioner (~) Date
"'- * If petitioner is a corporation other than a public corporation, so indicate and name
officers and major stockholders.
· If petitioner is a land trust. so indicate and name beneficiaries.
· If petitioner is a partnership, limited partnership or other business entity, so indicate and
name principals.
· If petitioner is a leasee, attach copy of lease, and indicate actual owners if not indicated
on the lease.
· If petitioner is a contract purchaser, attach copy of contract, and indicate actual owner's
name and address.
Parcels "A" and "B" are owned by L.E. and Leona Spaide, 1480 NE 103rd Street, Miami
Shores, FL 33138 and are under sales contract by the petitioner. Parcel "C" comprises 2
parcels, is owned by Dell E. Cook, Trustee, 27671 Bay Point Lane, Bonita Springs, FL
34134 and is under sales contract by the petitioner. A trust breakdown is attached as
Exhibit "B". Parcel "D" is owned by JKR Investments, Inc., a Florida Corporation, Suite
6, Camargo House, 1207 Third Street South, Naples, FL 34102. The attached
authorization letters demonstrate the petitioner has permission to have all of the subject
land within the PUD rezoned.
The petitioner is a private corporation whose officers are shown on Exhibit "C" .
AUG 0 3 1999
,,,.
EXHIBIT "A"
LEGAL DESCRIPTION OF WHIPPOORWILL LAKES PUD
Parcels "A" and "B", the Spaide land, described as:
A. The S 1/2 of the NE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier
County, Florida; subject to existing restrictions and reservations of record; and subject to
an easement for public road right-of-way over and across the East 30 feet thereof; and
B. The SW 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26 E, Collier County,
Florida; subject to existing restrictions and reservations of record; and subject to an
easement for public road right-of-way over and across the West 30 feet thereof and the
South 30 feet thereof.
LESS
C. A parcel of land in Sec. 18, Twp. 49S, Rng. 26E, more particularly described
as follows:
COMMENCE at the SE comer of Sec. 18, Twp. 49S, Rng. 26E; thence North
00°39'46" West 2639.68 feet to a point; thence North 00°40'16" West 1319.90 feet to the
POINT OF BEGINNING; thence South 89036'42'' West 461.39 feet to a point; thence
North 14°36~8" West 680.88 feet to a point; thence North 89037'08" East 625.38 feet to
a point; thence South 00°40'16" East 659.95 feet to the POINT OF BEGINNING.
Parcel "C", the Cook land, described as:
The N 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18. Twp. 49S, Rng. 26E, Collier County,
Florida; LESS the W 70' thereof and LESS the Io75 right-of-way.
Parcel "D", the Rayburn land, described as:
The S 1/2 of the SE 1/4 of the hIE 1/4 of Sec. 18, Twp. 495, Rng. 26E, Collier County,
Florida; LESS the W 70' thereof and LESS the 1-75 right-of-my.
AUG 0 3 1999
EXHIBIT "B"
1-75 & PINE RIDGE RD.
LAND TRUST SEC. 18-49-26
% of Ownership
DELL E. COOK,(TRUSTEE)
27670-B4 BAYPOINT LANE 25%
BONITA SPRINGS FL. 34134
PHONE 941-992-5300
JAMES G. COLEMAN 25%
4060 TAMIAMI TR. N.
NAPLES FL. 34103
PHONE 941-261-7776
WILLIAM SCHROEDER 25%
· 4~ 2 3 rd AVE N.W.
GOLDEN GATE, NAPLES FL. 34116
PHONE 941-455-5554
-~-~NN DAFFRON 12.5%
4 HARBOR LN.
..PLES FL. 34109
PHONE 941-774-3737
JUDITH FRYE 12.5%
1988 45th ST. ~f~f ...........................................
NAPLES FL. ~//~
PHONE 941-353-6450
TOTAL 100%
AGENOA I'TEM
AL,'3 0 3 1999
EXHIBIT "C"
Mark Bates is President of Gulf Sun Corporation, 533 Turtle Hatch Lane, Naples, Florida
34103 and Buford Bates is Secretary-Treasurer of Gulf Sun Corporation.
Mark Bates has 100% interest in Gulf Sun Corporation.
A~A
.,,.
AUG 0 3 1999
NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL
RE: Proposed 78-Acre Residential PUD, Located East of Whippoorwill Lane in
Section 18, Township 49S, Range 26E, Unincorporated Collier County, Flodda
To Whom !t May Concern:
Please be advised that Passarella and Associates, Inc., 4575 Via Royale, Suite 104,
Fort Myers, Florida 33919; Hoover Planning, 3785 Airport Road North, Suite B, Naples,
Florida 34105; and Keene Engineering, 3785 Airport Road North, Suite D, Naples,
Florida 34105 have been engaged by the contracted purchaser, who is also the
applicant, to act as authorized agents and to request necessary applications during the
EIS Preparation and Review/PUD Rezoning petition process for the subject project.
~ - The applicant also acknowledges to have unified control over all of the acreage within
the proposed PUD.
Sincerely,
Printed Name/Title Signature
STATE OF FLORIDA
COUNTY OF C-~t i.~ .e/
The foregoing instrument was acknowledged before me this t J day of
who is/are personally known to me or have produced
~s identification and who did (did not) take an oath.
~'N'~LI'~ ~
p /" -,. _ .
y>-,,,,, HAR 2 4 1999
Printed Name
My Commission Expires:
· k.~* Cornms~o~ CC7173,13
SEAL '~ . ~.' s,~- F,~ .. ~
AUG 0 3 1999
NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL
RE: Proposed 78-Acre Residential PUD, Located East of Whippoorwill Lane in
Section 18, Township 49S, Range 26E, Unincorporated Collier County, Florida
To Whom It May Concern:
Please be advised that Passarella and Associates, Inc., 4575 Via Royale, Suite 104,
Fort Myers, Flodda 33919; Hoover Planning, 3785 Airport Road North, Suite B, Naples,
Florida 34105; and Keene Engineering, 3785 Airport Road North. Suite D, Naples,
Florida 34105 have been engaged by contracted purchaser Gulf Sun Corporation. who
is also the applicant for the PUD Rezoning, to act as Gulf Sun Corporation's authorized
agents and to request necessary applications during the Environmental Impact Study
preparation and review/PUD Rezoning petition process for the subject project. The
property owner(s) of the land shown on the attached deed, to the best of their
knowledge, also acknowledge that Gulf Sun Corporation has unified control over all of
the acreage within the proposed PUD.
Signature of Property Owner / 7-""": .>~,'~ .~ Signature of Property Owner
Signature of Property Owner
STATE OF
COUNTY OF' r'2~-,~_.~r2~;~
The foregoing instrument was acknowledged before me this ~ day of
~7,~-rT,z,,,~.- , 199] by
_~ (~/~re pers~lly kno~ to me or ~ve pr~d '
as identifi~tion and ~o did (did not) ike an oath.
Nota~ PubliC' ~
Printed Na~ '
My Commission Expires: ~ -- ~ -~ /
S~L
AU~ 0 3 1999
NOTARIZED AUTHORIZATION LETTER/LETTER OF UNIFIED CONTROL
RE: Proposed 78..Acre Residential PUD, Located East of Whippoorwill Lane in
Section 18, Township 49S, Range 26E, Unincorporated Collier County, Florida
To Whom It May Concern:
Please be advised that Passarella and Associates, Inc., 4575 Via Royale, Suite 104,
Fort Myers, Florida 33919; Hoover Planning, 3785 Airport Road North, Suite B, Naples.
Florida 34105; and Keene Engineering, 3785 Airport Road North, Suite D, Naples,
Florida 34105 have been engaged by contracted purchaser Gulf Sun Corporation, who
is also the applicant for the PUD Rezoning, to act as Gulf Sun Corporation's authorized
agents and to request necessary applications during the Environmental Impact Study
preparation and review/PUD Rezoning petition process for the subject project. The
property owner(s) of the land shown on the attached deed, to the best of their
knowledge. also acknowledge that Gulf Sun Corporation has unified control over all of
the acreage within the proposed PUD.
Sincerely, ~ ,/"P
Signature of Property Owner $/gnatur~of I~roi~erty~O/Nner
Signature of Property Owner
The foregoing instrument was acknowledged before me this Z-CJL day of
...._~,~,.-I, ,199..~ by --~,~.~ ~-. ~.~:
who is/are personally known to me or have produced ~/~
as identification a d who did (did not) take an oath.
N~'l~ubli Printed
My Commission Expires: ~/~
"~ A~A ITEM
SEAL
"~ AUG 0 3 1999
JAN ~Z '99 18:29 P~GE.88Z
February
TO WHOM IT MAY CONCERN:
This is to advise that GULF SUN CORPORATION has the authority to act for L. E. Spaide
and Leona Spaide with regard to the rezoning of the property shown in the attached Indenture
lying in Section 18, Township 49S, Range 26E, Unincorporated Collier County, Florida.
fC:~c~:e, as aCtlorney-in-fac~~
STATE OF FLORIDA
COUNTY Of
The foregoing instrument was acknowledged before me this/6_,/2 day of February, 1999,
by Charles L. Spaide as attorney in fact for L. E. Spaide and Leona Spaide, who personally
appeared before me at the time of notadzation and who are personally known to me or who
produced .-,~, ~';='/~'~ ~/~':;,'~- '~: as identification.
NOTARY PUBLIC
,~,~.~,'f -e({$¢,° UZABE!'H A. PROCIDA
'~~~%~~ # cc4a~5~ My commission expires:
EXPIRES MAR 1~. 2001
^n.q~c~co.,~c.
AGENDA ITE~ ~
~/tY,/F''
AUG 0 3 1999
,,.
And r. he .~eLd parches OC the first pair. do hera-b7 Cull}, vatrent
the title tn said Land, and wL~t defend the same .s.l~Lnst the Lawful
c~4ims n( a]. persons whomsoever.
Zl IZ~S ~IRIOf, The said parties a~ the [Lrst part have
hereunto sic their hands and ~qaL'l the d47 $nd 7~.~r :Lrl~ above
Ln the ~relence
j; '
STATE OF F~RID~ )
I
COUNTY OT DADZ
duly authorized Ln the Scats aforesaid and ~ :n, :~,~'/e~oreeaLd
to take acknowledqNnts, ~rsonatty appfated ~. ~. ~P~:~E and L~NA
SPAIDE, his vi~e, to M kfi~ to ~ tfi¢ persons J..tCrl~ in IAd
who executed the foregoing tnetrmnt and ~ney ~:4n~w;edqed
me that c~ey executed Chd
NZTN~S my hand end o(~/cLal seal in t~d :ounty end
~ast i~ordsatd this ~9~h ~y o~ Nov~Nr A.~.
Ny CoMission ~xpieess ~ -'. ~/'
Th&s instrument was Prepared
I~tCHARD J. HORMICH, ESQ. ;' ;: ' ' .... '
154L Sunset Drive, Suite 202 ; d'f,/,4- '"
Corll Gables, Florida 33L43 .
'~ ','~p~~..
A~A
..........
EXECUTIVE SUMMARY
AN ORDINANCE AMENDING THE WATER SAFETY AND VESSEL
CONTROL ORDINANCE TO ADD A NEW BODY OF WATER KNOWN AS
HELL'S GATE AS AN IDLE SPEED ZONE
OBJECTIVE:
The Board of County Commissioners approve an Ordinance to amend Section Three of
Ordinance 97-10, the Collier County Water Safety and Vessel Control Ordinance to add a
body of water known as Hell's Gate a new Idle Speed/No Wake zone.
CONSIDERATIONS:
1. Ordinance 97-10 regulates all the Idle Speed/No Wake zones throughout the County.
2. Several accidents and near misses have occun'ed in the waterbody known as Hell's
Gate.
3. Staff has been requested by several local boater's and the North Naples Estuary
Conservation Association to post the area as an Idle Speed/No Wake zone (See
Attachment A).
4. The Collier County Sheriff's Marine Bureau supports this speed zone (See
Attachment B).
FISCAL IMPACT:
The cost of posting the new speed zone is approximately $800. These funds are available
within the Natural Resources Department Administrative account for the Waterways
Management Program.
GROWTH MANAGEMENT IMPACT:
Not applicable.
AUG 0 3 1999
RECOMMENDATION:
The Board of County Commissioners approve an Ordinance to amend Section Three of
Ordinance 97-10 to add as an Idle Speed/No Wake zone a waterway known as HelPs
Gate.
PREPARED BY: ..... , / ~ , ~. DATE: Kevin H. Dugan', SL Environmental Specialist
REVIEWED BY: /'k~-~-/~,.~-// .,._ DATE: 7 -C "5J9
. m D. Lorenz~ jr.', P.E tor
Natural Resources Department
APPROVED BY: ' /A, ~ DATE: '7 -- ~ -~
Vincent A. Cautero, A , dministrator
Community Development & Environmental Services Division
AUG 0 3 1999
1 ORDINANCE NO. 99-
2
3 A_N ORDINANCE AMENDING ORDINANCE NO. 97-10 REGARDING VESSEL
4 SPEED CONTROL AND WATER SAFETY; ADDING A COUNTY
5 WATERWAY KNOWN AS "KELL'S GATE" AS AN IDLE SPEED/NO WAKE
- 6 ZONE; PROVIDING FOR CONFLICT k.'~D SEVERABILITY; PROVIDING
7 FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
IS AN EFFECTIVE DATE.
- 9
10 WHEREAS, Collier County, pursuant to Subs~ction 327.22(1)(a) and Subsection
I1 327.60(1), F]orida Stazules, has authority to adopt this Ordirlance to impose idle sp~d
12 zones on watt-ways in the unincorporated areas of Collier County;, and
13
14 Vvr'I-IEKEA~, the pordon of the watt'way known as "Hell's Gate" consists of a
ls wincling, narrow madam'eve cham~el with a ninety de_m'~ blind turn; and
16
17 WHY_KEAS, several boating accidems and near miss accidents have occur~d
lS recently in the waterway known as Hell's Gate; and
19
_ 20 WHEREAS, Staff believes that vessels being operated at speeds in ~xcess of safe
21 speeds contributed to the accidents that have occurred in the waters known as
22 Gate."
_ 24 NO~,V, Tt]/ZREFORE, BE IT ORDA.E'(ED BY TKE BOARD OF COLTNTY
2S COIVEVI/SSIONERS OF COLLIER COUh'I'Y, that:
~ 26
27 SECTION ONE: SECTION THREE of Colli~ County Ordinance No. 97-10 is hereby
2S amended as follows:
29
· 30 SE.CT/ON TH/LEE: APPLICABILITY
31
-' 32 This Ordinance shall apply to and be erfforced on all the salt waters of the follo~-ing
- 33 described Restricted "Idle Speed-No Wake" ar~.s:
34
35 1. The Clam Bay System including Upp~ Clam Bay, Inner Clam Bay, Outer
36 Clam Bay, and Clam Pass. These restricted areas an as specified on the map attached
37 hereto as "Exhibit A."
39 2. Hurricane Pass, as sp~cLfied on the m~rp. artre:hod hereto as 'Extn'bit B.'
40 Hurricane Pass is described as follows: Those wa~cs northeast of the GuLf of Mexico
41 between the shores of Ca.anon Island and K~zwaydin Island (also known as Key Island),
42 south of the southern ~nd of Little Marco Island within the following boundaries: The
43 northerll boundary is a line at the southernmost tx2int of Little Marco Island at
~4 approximately 25° 59.90' N, gl° 45.17' W, east t~ Cannon Island (25° 59.90' N, 81°
45 45.08' W), and west to Ke~vaydin Island (25° 59.90' N, 81° 45.25' VO; the eastern
46 boundary is the westm shore of Cannon Island ff~m its intersection with the northern
47 boundary of Hurricane Pass; the southern boundre3, is a line extending from the
4s southmost point of Ke~vaydin Island (25° 59.78' N, 81° 45.17 W) approx~rnntely
49 east-southeLs't to the nearest shore of Camaon Island (25° 59.70' N, 81 ° 45.05' W'); and the
s0 western boundary is the eastern shoreline of K~aydln Island from its southern most
Sl point (25° 59.78' N, 81° 45.17 W) northward to its into-section with the north~n border
$2 of Hurricane Pass. '
54 3. At all boat basins, in all residential e~n~k, and at all saltwater m within
Ss five hundred (500) f~t of the then sea walled shoreline in the followSrig arias:
~6
57 a, Little Hickory Bay: The north side of Little Hickory Bay in the vicinity of
5S Bonita Shores and Lcly Barefoot Beach. These areas arc shown on the map artached
59 hcreto as Exhibit "C".
AGENI~
60 No, _
61 b. Thc Cocohatchet Pdvcz: Those paxis of the Cocohatchet River near
. 62 Wig~n, Pass, ConkiLn Point, "Wig~ns Bay. Gulf Harbor. 'and Palm Shores; also Water
AUG 0
_. _=_ __._
- - , .....- +' ......... ' __Pcl.
1 'Turkey Bay and south from ther~ to and including Vandcrbilt Lagoon. Th~se areas are
-,-'-- 2 shown on the maps attached hereto as Exhibits "C" and "D".
3
4 c. The Naples Bay Area: The Gordon River east of U.S. 41 near River
5 Reach and Coconut River Estates; also Rock Cn~k ~ast of U.S. 41 near Brookside; also
6 Haldeman Crc~lc These areas are shown on the map attached hereto as Ex~'bit "E".
7
S cL IslesofCapriAr~a: Allar~aswi~hln~ve(500) f~tofallseawalled
9 shoreline, as shown on the map at'~hed hereto as Exhibit "F".
10
11 e. Man:o Island: Within and around all of Man:o Island, includhg all of
12 Collier Bay, all of Roberts Bay, the west shor~ of Sanctuary Sound, all of Smokehouse
. 13 Bay, all of Smokehouse Creelq the north side of Caxambas Bay, all of Clam Bay, pm-ts o
14 Factory Bay, the west shoreline of Barfield Bay, and part of the north side of Horrs
15 Island; also all interior canals of Marco Island Thse areas are shown on the map
16 anax:hed her~to as Exhibits "F" and "G".
17
l S f. Goodland Area: Within five hundr~ (500) feet of all shoreline of
19 Goodland4 also the boat basin in the Big Max~o River adja~ent to the nonh side ofthe
20 State Road 92 Bridge. These areas are shown on the map attached hereto as Exhibit "G".
21
~ 4. Henderson Creek: All of Henderson Creek east of the Hi_~hway 951 Bridge an
23 west of that bridge to the fi~ piling. These ar-~.s ar~ shown ou the map ana~h~xl her~to
24 Exkibit "H".
25
26 5. Port of the Islands: The sea wall~ marina basin and south
27 approxim~tely 1,000 feet, as shown on the m~ ~_,~ched hereto as Ex2m'bit
28
~ 29 6. The Everglades City Area: The Barren River fi-om the inlet north to the eat
30 side of the State Road 29 Bridge; also the "Lake' ar~a within five hundred(500) feet of
31 altscawalis. All parts ofHalfway Creek tha~ ar~ within ~ve hundred (500) f~t of
~2 Pla.~tafion Islan& Thest areas are shown on the map. attached hereto as Exh~it "J".
34 7. Chokoloskee Island: All areas within five hundred (500) feet of the sea wallet
_~ areas of Chokolosk~e Island. These areas are shown on the map attach~l hemto as
36 Exhibit "J~.
37
38 8. R::ar::-~- Hell's Gate: Those waters bc~'ween Little Hicko~ Bay to the north
39 andW~nsBaytothcsouthlvin~bctweenchm-~,~elmarkersllandlS.
~0 shown on the map attach~ hemto as Exhibit
41
42 ?. Reserved.
43
~ SECTION TWO: CONFLICT ~ SEVER.~BILITY
45
46 In the event this Ordinance conflicts with any other Ordinance of Collier County c
47 other appHc~ble law, the more r~-~rictive shall a~ply. If any phrase or pordou of the
48 Ordln:~n~e is held invalid or unconstitutional by any court of competent jua'isdiction. suc
49 portion shall be de'~med a s~-.parate, distinct and ind~endent provision and such holdin.~
so shall not aff~t the validity of the r~n:~ining portioxL
51
~2 SECTION TI~REE: ENCLUSION IiN TIIE CODE OF LAW~ AND ORDEqA.NCE
53
~ The provisions of this Ordinance shall b~c, ome and be made a pan of the Code
55 Laws and Ordinances of Collier County, Florida. The s~tions of the Ordinance may be
56 r~number~:l or r~lettered to accomplish suck and the word "Ordinance" may be change
;"" 5~ to "section," "article," or any other appropriate word.
59
61 Underlined t~xt is added; ~ ~ is d~|et~d.
62
63 AUG 0 3 1999
I SECTION FOUR: EFFECTIVE DATE
2
3 This Ordinance shall take effect upon filing with the Department of State.
; 4
· 6 PASSED AND DULY ADOPTED by the Board of County Commissioners of
7 Collier County, Florida, this __ day of ,1999.
~ 8
9
'~ lo ATTEST: BOARD OF COUNTY COMMISSIONERS
' I 1 DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
12
13
., 15 By: By:.
-~ 16 Deputy Clerk PA.M'FLA S. MAC'K/E, CHAIRWOMAN
: 17
18
-~.
19
20 Approved as to form and
21 legal sufficiency:
: 23
-; 24 w'X
~ 25 Thotdas C. Palmet
26 Assistant County Attorney
27 h:tc~Ora.99-1)ugan - Hell's Gate Speed Limits
28
AUG 0 3 1999
.... EXHIB IT K
Little Hickory
) (~ Bay
~8
'
~x / ' ---//J
SCALE MILES
' AUG 0 a 1999
..... " ,, P~ II
Keyin H. Dugan
Senior Environmental Specialist
Natural Resources
County Government Center
3301 East Tamiami Trail
Building "H"
Naples, F/o~da 34112
Dear Mr. Dugan:
I am writing on behalf of the member~h',m of the North Naples Estuary Conservation
Association (formerly WiLLsins Pass Conservancy), in requesting the designation of a '~o
Wake" zone between markers 14 and 18 at the southern end of Little Hickory Bay.
This area, known as "Hell's Gate," contains a ninety-degree blind comer that has been the
site of many accidents because of high speed and low vim'bility. Since trimming
mangroves for navigational purposes will not be permitted, reducing the speed of the
oncoming boats is the only. reasonable way to assure a chance of safe passage in the
narrow waterway.
Placing '~qo Wake" si~vn~ between markers 14 and 18 will slow tra~c so that the approach
of another vessel can be seen in time to avoid a colli~on, and will also place boats in deep
enough water to get back on plane aRer the no wake zone to avoid the shallow area to the
south of marker 14.
If'the North Naples Estuary Conservation Association can supply further information on
thi~ matter, please let me know.
Sincerely yours,
President
CC: ~ames Carter, Collier County Co~sioner
lt riff nnf r
Collier County Govt Gora01ex Bldg. - 3
3301 Tamiami Trail, East Naples, F133962
Telephone (AC 813) 774-4434
Mr Kevin Duaan
Senior EnviroP~mentai Specialist
3301 E, Ta~ami Trail, Bldg H
Naples, FL 34112
Dear bit. Dugan:
This letter is ir. rer-,ly to your re~_,,est for input regarding
the possible creation of an Idle Speed/No wake zone in the wazerway
~own as "Hells Gate", adjacent to Little Hickory Bay.
"Hells Gate" is a local name given to a narrow, wir. din~
waterway w'-i-'- cormeels Little Hickor'y Bay with the Le!y Bax-~foot
Beach ~-at. er~?,y ~+ has nLmerous ctlrve3 %~th ~4~,~
not allow boaters advancad warnins of approaching vassal Eralf~c.
Recent serious boating accidents at this location ~ 31ustrate ~ ~
fact.
I feel it wo~d be in the greatest interest of boa;i:ra safety
~- Collier Co'~nt" to Dk~sue the creation of an Idle S~eed/Nc; Wal-e
Zone aE the "Hells car~" location,
Sgt. David Johnson, Field SuDe ,_'vz ~z o r
Collier County Sheriff'z Offic~
Marine Bureau
DJ: sk
ca: File
AUG 0 3 1999
EXECUTIVE SUMMARY
SCRIVENER'S ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 99-35, WHICH AMENDED ORDINANCE NO. 98-
37, "THE COLLIER COUNTY RECLAIMED WATER SYSTEM
ORDINANCE."
OBJECTIVE: That the Board of County Commissioners adopt an amendment to Ordinance No.
99-35, the Collier County Reclaimed Water System Ordinance to correct scrivener's errors.
CONSIDERATIONS: On May 12, 1998, the Board of County Commissioners adopted
Ordinance No. 98-37, the "Collier County Reclaimed Water System Ordinance," and on May 11,
1999, the Board of County Commissioners amended Ordinance No. 98-37 by adopting Ordinance
No. 99-35, which a scrivener's error in the TITLE, in one WHEREAS CLAUSE, and in SECTION
ONE, by in each instance incorrectly referring to the original ordinance as Ordinance No. 97-37
rather than Ordinance No. 98-37. The enaction date in the WHEREAS CLAUSE was stated as 1997
rather than 1998.
This ordinance has been reviewed and approved as to form and legal sufficiency by the County
Attorney's office.
GROWTH MANAGEMENT IMPACT: None.
FISCAL IMPACT: There is no fiscal impact associated with the adoption of the amendment to
this ordinance.
RECOMMENDATION: That the Board of County Commissioners of Collier County,
Florida, as the governing body of Collier County and as Ex-Officio the Governing Board of the
Collier County Water/Sewer District approve the scrivener's ordinance amending the Collier
County Reclaimed Water System Ordinance.
~h~n Mari~ Saylor, 'A n,~[~istrative Assistant II
SC e , ' S 1Tllnl ator
AUG 0 3 1999
PG. , ,!
1
2
3
4 ORDINANCE NO. 99- .
6 SCRIVENER'S ORDINANCE AMENDING COLLIER COUNTY
7 ORDINANCE NO. 99-35, WHICH AMENDED ORDINANCE NO. 98-37,
8 "THE COLLIER COUNTY RECLAIMED WATER SYSTEM
9 ORDINANCE," TO CORRECT ONE SCRIVENER'S ERROR IN TIlE
10 TITLE THEREOF, TWO SCRIVENER'S ERRORS IN TFIE FIRST
11 "WHEREAS CLAUSE," AND TWO SCRIVENER'S ERRORS IN SECTION
12 ONE THEREOF; PROVIDING FOR INCLUSION IN THE CODE OF
13 LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE.
14
15 WHEREAS, on May ]2, 1998, the Board of County Commissioners of Collier County
16 adopted Ordinance No. 98-37, the "Collier County Reclaimed Water System Ordinance," and
17 WHEREAS, on May 11, ]999, the Board of County Commissioners of Collier County
18 amended Ordinance No. 98-37 by adopting Ordinance No. 99-35, which included the same
19 scrivener' s error in the TITLE, in one WHEREAS CLAUSB, and in SECTION ONE, by in each
20 instance incorrectly referring to the original ordinance as Ordinance No. 97-37 rather than
2 1 Ordinance No. 98-37, and includes an incorrect date in the WH~RBAS CLAUSE.
2 2 NOSY, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY
2 3 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: Scrivener's error amendments to
2 4 correct (a) the ordinance number referenced in the title to Collier County Ordinance No. 99-35, a
2 5 date and (b) the same incorrect ordinance number in the first "Whereas Clause,' and (c) the same
2 6 incorrect reference to an ordinance occurring twice in section ONE thereof, as follows:
27
2 8 SECTION ONE: CORRECTION TO TITLE: The Title of Collier County Ordinance No. 99-35 is
2 9 anlended to correct one scrivener's error therein as follows:
3 0 "AN ORDINANCE AMENDING ORDINANCE NO. 97 37 98-37, THE COLLIER COUNTY
3 1 RECLAIMED WATER SYSTEM ORDINANCE; BY ADDING SUBSECTION (B) TO SECTION
3 2 TWENTY-THREE, 'CUSTOMER'S ON-SITE REUSE SYSTEM' TO ESTABLISH POLICY
3 3 REGARDING RATES THAT THE COUNTY'S RECLAIMED WATER CUSTOMERS MAY UTILIZE
3 4 TO PASS-THROUGH DIRECT COSTS TO INDIVIDUAL END USERS; PROVIDING FOR
3 5 INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
3 6 AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE."
37
3 8 SECTION TWO. CORRECTION TO THE FIRST WItEREAS CLAUSE: The first WHEREAS
3 9 CLAUSE in Collier County Ordinance No. 99-35 is amended to correct two scrivener's errors
40 therein as follows:
41
42
43 Words underlined are added; words -'-.-'- "' ..... ~' are deleted.
44 AtT,,i*N~A ~
No._
lJ5 0 3 1999
ImGo
1
o 2 "WHEREAS, on May 12, ~ 1998,, the Board of County Commissioners of Collier
o
3 County, Florida, as the Governing Body of Collier County, enacted Collier County 0rdinanee
4 No. 97 27 98-37. a reclaimed water system Ordinance, governing policies, procedures and
5 conditions regarding the use of the County's reclaimed water system; and"
6
7 SECTION TBREE. Section ONE of Collier County Ordinance No. 99-35 is amended to correct
8 two scrivener's error therein, as follows:
9 "SECTION ONE: AMENDMENTS TO SECTION TWENTY THREE OF ORDINANCE NO.-9-7-
10 ~7 98-37. CUSTOMER'S ON-SITE REUSE SYSTEM.
11 Section twenty-three of Ordinance No. 97 ~7 98-37 is hereby amended
12 by adding a new subsection (B) thereto, which reads as follows:"
13
14 SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
15 The provisions of this Ordinance shall become and be made a part of the Code of Laws and
16 Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or
17 relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
18 other appropriate word.
19
2 0 SECTION FIVE. EFFECTIVE DATE.
21 This Ordinance shall become effective upon filing with the Department of State.
22
23 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
24 County, Florida, this __day of ., 1999.
25
26
27 ATTEST: BOARD OF COUNTY COMMISSIONERS
2 8 DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA
29
30 By:. By:.
31 Deputy Clerk PAMELA S. MAC'KIE, Chairwoman
32
33
34
35 Approved as to form
36 and legal sufficiency:
3'7 ?e~.~
39
,10 Thomas C. Palmet
41 Assistant County Attorney
4 2 Scrivener's Error 0rd. (Correcting 0td. No. 99-35)
43
44 Words underlined are added; words s~'~lc t.hzv::gh are deleted.
AUG